[1]
Editor's Note: Original § C60, Organization, as
amended, was repealed 10-30-1991 by L.L. No. 3-1991.
[Amended by L. 1911, c. 551; L. 1919, c. 552; L.L. No. 2-1945; 10-30-1991 by L.L. No.
3-1991; 3-1-1994 by L.L. No. 4-1994; 12-1-2009 by L.L. No.
6-2009]
The Commissioner of Public Works shall be Commissioner of Highways
in and for the city and shall have all the powers and perform all
the duties of Superintendents of Highways in towns, other than as
provided in this Act. Said Commissioner is vested with the construction,
charge, management, control and maintenance of all bridges, streets,
sidewalks, public places and public squares within the city. The Commissioner
of Public Works shall have the power to employ all servants, clerks
and laborers and fix the compensation of all servants so employed;
to make rules and regulations for the government of the Department
of Public Works and for the government of the City Engineer and all
servants of the Commissioner of Public Works and prescribe their duties.
All contracts relating to construction, paving and repairing of the
streets and sidewalks, public places and public squares, parks, the
cleaning of the streets (sprinkling and the removal of dirt therefrom),
the grading, paving and repaving and macadamizing and remacadamizing
of all streets, public places and public squares, the laying and extending
of sewers and contracts for the providing of all materials, machinery,
implements and utensils therefor shall be let and made by the Common
Council; except, however, that the Commissioner of Public Works may,
in his discretion, contract for the performance of work in connection
with the city water system and other public work in the City of Fulton.
The Commissioner of Public Works shall have power to lay out, make,
open, grade, level, regulate, pave, macadamize, plank, gravel, clean,
repair and improve highways, streets, lanes, alleys, public grounds,
parks, sidewalks, sewers, waterworks, lighting plants, gutters, drains,
aqueducts, reservoirs and crosswalks and to alter, amend, widen, straighten
and discontinue the same and to establish grades and levels therefor,
and to alter the same, through any lands, buildings or enclosures
in said city, whenever such work shall have been authorized by the
Common Council, to construct conduits for carrying telegraph, telephone,
electric light wires or cables or other appliances for conducting
electricity on any street or section of a street heretofore paved
then to be paved, repaved or repaired, whenever such work shall have
been authorized by the Common Council, and the expense thereof shall
be paid out of the Improvement Fund or out of such specific division
thereof as may be designated by the Common Council, in the same manner
as other expenses for local improvements are paid, and may be raised
in like manner. Whenever the Commissioner of Public Works shall determine
that the public safety requires the removal of telegraph or electric
wires or cables or electric feed cables of any street railway company
or other appliances for conducting electricity and the poles thereof
heretofore or hereafter erected in the principal business streets
of the city, he shall have power by order to require any company or
corporation or individual to remove such wires and electrical conductors
from overhead in the street, and place them in conduits under the
surface of the streets in such manner as shall be directed by the
Commissioner and subject to such regulations and restrictions as he
may make and impose in respect thereto, for the benefit of the public,
the city or its citizens, and a compliance with such order in respect
to the removal of the poles, wires, cables or other appliances for
the conducting of electricity through said streets may be enforced
by mandamus by any court of competent jurisdiction upon the application
of the city as relator. If said Commissioner shall construct conduits
for the reception of wires and electrical conductors as hereinbefore
provided, the order therefor shall require the wires and electrical
conductors on said street or section of a street to be placed within
the conduits constructed aforesaid, and such proportion of the expense
of the construction of said conduits shall be paid by the company,
corporation or individual using the same, as the Common Council shall
be resolution determine, and the amount of said expense, certified
by the Common Council shall be paid to the Clerk/Chamberlain and by
him placed in the Improvement Fund. If any company or corporation
or individual shall refuse or neglect to pay the amount so apportioned
by the Common Council upon demand of the Clerk/Chamberlain, the city
may sue for the same and recover the amount thereof in any court of
competent jurisdiction as and for moneys had and received. Nothing
herein contained shall be construed as authorizing the Commissioner
of Public Works to require that any particular patent or appliance
shall be used in the construction of the conduits. The Commissioner
shall also have the power to cause to be made all necessary surveys,
maps and profiles relating to any work within his jurisdiction.
[Amended by L. 1911, c. 551; L. 1919, c. 552; L. 1943, c.
710]
1.
Whenever
the Commissioner of Public Works shall intend to lay out, alter, widen,
extend, contract or discontinue any street, lane, alley, highway or
public grounds in said city, pursuant to direction of the Common Council,
and the lands of any person or corporation or any right or easement
therein that will be necessary for such purpose, and whenever the
Commissioner of Public Works shall intend to acquire lands, rights
or easements therein for any other purpose authorized by the Common
Council and mentioned in this Act, he shall cause the same to be surveyed
and monuments placed, showing the line thereof, and a map to be made
of the same, which map shall be filed in the Clerk/Chamberlain's office,
showing upon such map the lots, tracts and parcels of land and rights
or easements therein that are deemed necessary to be taken and the
commencement, course and termination of the street, lane, alley, highway
or park proposed to be laid out, widened, extended or altered or other
work or improvement proposed to be made in or through the land so
to be taken. For that purpose, the Commissioner of Public Works and
those acting under his direction shall have power to enter upon any
grounds in said city. The Commissioner of Public Works shall then
declare by resolution his intention to take and appropriate said property
for the proposed improvement, and thereafter he may purchase of the
owner or owners thereof the land or right or easement therein deemed
necessary and make him or them such compensation as he shall judge
reasonable upon receiving from such owner or owners a conveyance thereof
to the city. In case the Commissioner of Public Works is unable to
agree with the owner or owners for the purchase of any real estate
or land or right or easement therein required for the purpose aforesaid,
he shall acquire the same by condemnation proceedings under the provisions
of the Eminent Domain Procedure Law of the state.
[Amended 10-30-1991 by L.L. No. 3-1991; 12-1-2009 by L.L. No.
6-2009]
2.
Payment
for property acquired for street improvement. Upon the making of an
agreement for compensation to an owner under this section, or upon
the final order or award fixing the amount of such compensation in
proceedings therefor, the Commissioner shall immediately pay such
amounts and the costs, if any, allowed in the proceedings from funds
made available therefor by the city.
3.
Changing
grade of street or bridges. If the city has exclusive control and
jurisdiction of a street or bridge therein, it may change the grade
thereof. If the change of grade shall injuriously affect any building
or land adjacent thereto, or the use thereof the change of grades
to the extent of the damage resulting therefrom shall be deemed the
taking of such adjacent property for a public use. A person claiming
damages from such change of grade must present to the Commissioner
of Public Works a verified claim therefor, within sixty (60) days
after the change of grade is completed. The Commissioner may agree
with such owner upon the amount of damages to be allowed to him. If
no agreement is made within thirty (30) days after the presentation
of the claim, the person presenting it may apply to the Supreme Court
for the appointment of three (3) Commissioners to determine the compensation
to which he is entitled. As to all such claims presented after the
first day of June 1911, and such application must be made within one
(1) year from the date when such claim is presented to the Commissioner
of Public Works, and an omission to make such application within such
time shall be a bar to the recovery of any damages under this section.
Notice of application must be served upon the Commissioner of Public
Works at least ten (10) days before the hearing thereof. All proceedings
subsequent to the appointment of the Commissioners appointed to determine
such compensation shall be taken in accordance with the provisions
of the Eminent Domain Procedure Law, so far as applicable, except
that the Commissioners, in fixing their award, may make allowance
for benefits derived by the claimant from such improvement. The amount
agreed upon for such damages or the award therefor, together with
the costs, if any, allowed to the claimant, shall be a charge against
the city.
[Amended 10-30-1991 by L.L. No. 3-1991]
[L. 1919, c. 552.; amended 10-30-1991 by L.L. No. 3-1991]
The Commissioner of Public Works shall, on an order approved
by the Common Council, have the power to enter upon any lands or grounds
in the city and appropriate such property for the purpose of conveying
any stagnant or surface water within and throughout the city, and
thereafter said Commissioner of Public Works may purchase from the
owner or owners thereof the land or right or easement whenever deemed
necessary and make him or them such compensation as he shall deem
reasonable and just upon receiving from such owner or owners a conveyance
thereof to the city. In case said Commissioner is unable to agree
with the owner or owners for the purchase of any real estate or land
or right or easement required therein for the purpose aforesaid, he
shall acquire the same by condemnation proceedings under the provisions
of the Eminent Domain Procedure Law of the state, proceeding in the
same manner as obtaining lands for street purposes elsewhere specified
in this Title.
[1]
Editor's Note: Original § C65, Paving, as amended,
was repealed 10-30-1991 by L.L. No. 3-1991.
[Amended by L. 1919, c. 552; L. 1943, c. 710; 7-3-1990 by L.L. No.
2-1990; 10-30-1991 by L.L. No. 3-1991; 1-18-1994 by L.L. No.
2-1994]
The Commissioner of Public Works shall determine when any sidewalk,
curb or gutter in said city shall be constructed, relaid or repaired.
All sidewalks, curbs or gutters constructed, relaid or repaired in
the city shall be constructed, relaid or repaired according to the
specifications established by the Commissioner of Public Works and
shall be laid to the width, line and grade now established or hereafter
established, as by this Act provided.
[1]
Editor's Note: Original § C67, Assessment for local
improvements, as amended, was repealed 10-30-1991 by L.L. No. 3-1991.
[1]
Editor's Note: Original § C68, Cleaning sidewalks
of snow and ice, as amended, was repealed 6-11-2002 by L.L. No. 10-2002.
[Amended by L. 1919, c. 552]
The Commissioner of Public Works shall have the power to cause
the street, lanes, alleys, highways and public grounds and places
of said city to be cleaned and repaired from time to time and the
expense thereof shall be paid by the city.
[Added 5-17-1994 by L.L. No. 10-1994]
The Common Council finds that it is a necessary and proper function
of the municipal government to engage in the collection of refuse
as defined in this section. In order to effectuate this function,
the Common Council further finds that some restrictions and parameters
must be placed on the method of collection and disposal. It is also
essential that all, or substantially all, of the cost of collection
and disposal be borne by those persons who are eligible to participate
in the collection and disposal system.
Therefore it shall be the purpose of this chapter to protect
and promote the health, safety and welfare of the people of the City
of Fulton and property values by controlling the storage, collection
and disposal of refuse within said City of Fulton; and to provide
for an effective system of revenue collection to support the municipal
services provided.
This section shall be known and cited as "Local Law Regulating
the Collection and Disposal of Garbage, Refuse and Recyclables" and
shall be commonly referred to as the "Collection and Disposal Local
Law."
A.
It shall be the responsibility of the Department of Public Works,
through its Commissioner, to fulfill the purpose of this chapter.
Such Commissioner shall be authorized and empowered to adopt rules
and regulations pertaining to this chapter, as he may deem advisable,
in order to control the collection and disposal of refuse and other
materials within the City of Fulton, provided that such rules and
regulations are not contrary to said chapter, and further provided
that no rules and regulations shall become effective until a copy
of the same is filed in the office of the Clerk/Chamberlain and published
within the official newspaper of the city.
[Amended 12-1-2009 by L.L. No. 6-2009]
B.
The Commissioner of the Department of the Public Works and his designee
shall have the authority to issue notices to persons who are in violation
of any provision of this section. The appearance tickets shall be
issued on a form prescribed by the City Attorney.
As used in this section, the following terms shall have the
meanings indicated:
The residue of the combustion of solid fuels.
A structure, wholly or partially enclosed within exterior
walls or within exterior party walls and a roof, affording shelter
to persons, animals or property.
[Added 9-2-1997 by L.L. No. 13-1997]
Any building or other structure that is not residential,
as residential is defined in this section.
A humus-like product generated from the decay of organic
materials.
All putrescible and decayable matter, liquid or otherwise,
that is subject to decay, i.e., kitchen wastes and food wastes, generally
dry nonrecyclable materials produced routinely by households or other
establishments, including litter, some paper product, clothes, curtains
and ashes.
Once-used materials as designated by the city, in accordance
with the rules and regulations of the County of Oswego, that can be
taken, marketed and made into new products.
All unwanted materials, including but not limited to garbage,
rubbish, trash, recyclables and yard wastes.
Any building or other structure that serves as a dwelling
unit or dwelling units for one or more person(s) and/or families.
Any building or structure that has more than five dwelling units shall
not be defined as residential for the purpose of this local law. A
building or other structure that is a part dwelling unit and part
nondwelling unit shall not be considered 'residential," and such building
shall be considered commercial/residential for the purpose of this
local law, except that a premises with a home occupation, as defined
in the Zoning Ordinance,[1] shall be considered a "residential" premises.
Any commercial/industrial building, as defined herein, which
elects to permit the city to collect and dispose of garbage, refuse
and recyclables.
[Added 12-6-1994]
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
[Added 9-2-1997 by L.L. No. 13-1997]
All large nonrecyclable unwanted materials, excluding demolition
debris, i.e., furniture, couches, chairs, tables, beds, televisions,
radios, rugs, microwave ovens, tires and air conditioners.
All organic materials generated from the yard, such as brush
and tree waste and compostible materials (e.g., leaves and grass clippings).
A.
Ashes. Ashes shall be placed within separate fireproof receptacles
and allowed to cool before being placed at the curb for removal. Said
receptacles shall be filled not higher than four inches from the top
and, when filled, shall not weigh more than 50 pounds.
B.
Garbage. All garbage intended for removal shall be placed in clear
plastic, waterproof bags tightly sealed to secure such matter against
invasion by flies, vermin, rodents and other animals.
C.
Recyclables. All recyclable materials should be prepared, separated
and packaged in accordance with city regulations.
The following material shall not be collected and/or disposed
of by the city:
A.
Materials resulting from the repair, construction, alteration, excavation
or demolition of buildings or structures, streets, driveways or sidewalks,
such as earth, plaster, mortar, concrete, bricks, lath, steel, wood
and roofing materials.
[Amended 9-2-1997 by L.L. No. 13-1997]
B.
Dangerous materials or substances, such as poisons, acids, caustics,
infected materials, explosives, medical waste and hazardous waste.
C.
Materials which have not been prepared in accordance with the provisions
of this local law.
D.
Solid wastes resulting from industrial processes.
E.
Furniture rugs, mattresses and appliances, unless prior arrangements
are made with the Commissioner.
F.
Any other material that is not specifically permitted for collection
and disposal by this section; including any material not in proper
form for collection and disposal, as defined in this section.
G.
The City shall not collect any building trash, debris or materials
resulting from the demolition, renovation work or new construction
of any building or structure whether generated by the owner, tenant
or a private contractor. Such materials shall not be placed at the
curbside for a period in excess of 24 hours.
[Added 9-2-1997 by L.L. No. 13-1997]
[Added 4-7-2009 by L.L. No. 2-2009]
A.
For disposal, garbage must be placed in clear plastic bags which
are waterproof, strong and securely tied. These clear plastic bags
may be placed in suitable receptacles and containers. Under no circumstances
shall garbage or rubbish be placed directly into paper bags, colored
plastic bags or any other nonclear receptacle and/or container.
B.
Recyclable materials shall be placed in suitable receptacles as defined
by City regulations.
C.
It shall be the responsibility of the property owner or record and/or
the occupant(s) to furnish suitable outdoor receptacles or containers
to satisfy the needs of the occupant(s). Such receptacles or containers
may be marked for identification by said owner, either by name or
street number.
D.
All containers judged by the Commissioner to be unsuitable for the
storage of collectible waste shall be declared trash and picked up
by the city, and the replacement of the same shall be the responsibility
of said owner. Containers shall be of nonrusting material, with tight-fitting
lids, having handles and a capacity of not more than 32 gallons. All
containers shall be maintained in a safe and sound condition to prevent
injury to handlers and at all times be in a clean and sanitary condition.
The City shall assume no liability for any damage to said containers
resulting from handling during collection.
E.
Yard waste for collection shall be put into either plastic bags or
metal/plastic can-type containers. Such yard waste shall be collected
only from April 1 through December 1 of any given year according to
a schedule which shall be posted in the official newspaper, providing
for the time frame within which yard waste shall be collected in each
of the four quadrants of the city. Yard wastes shall not be placed
in any City street or roadway, but must be placed between the curb
and the sidewalk for pickup. Branches, brush and tree limbs eight
inches or less in diameter will be picked up but must be separate
from compostible materials and must be stacked or piled separately
from compostible materials and may not be placed in the street or
roadway. No stumps or trees more than eight inches in diameter will
be collected by the City and must be disposed of by the owner.
[Amended 9-3-1996 by L.L. No. 12-1996]
[Added 4-7-2009 by L.L. No. 2-2009]
A.
Collection by city.
(1)
No collectible refuse shall be deposited for City collection before
6:00 p.m. of the evening preceding the morning scheduled for such
collection. It shall be the responsibility of the owner and/or occupant
to have the refuse to the curb not later than 7:00 a.m. of the morning
of the scheduled collection. The Commissioner of Public Works shall
provide a copy of the schedule of collections, which shall be on file
in the Clerk/Chamberlain's office.
[Amended 12-1-2009 by L.L. No. 6-2009]
(2)
All items scheduled for collection by the City shall be placed at
the curb or as close to such curb as possible in front of the residence
where such collection is to take place.
(3)
The City shall have no obligation to pick up any refuse which was
not used or grown in the City of Fulton.
B.
Collection by private hauler.
(1)
Any garbage/trash/recyclables or any other item to be collected by
a private hauler not an employee, agent or contractor of the City
of Fulton shall be placed to the side of or behind any permanent structure
situate on the property.
(2)
All garbage/trash/recyclables shall be placed outside the permanent
structure(s) only on the actual day of collection by the private hauler.
(3)
Any private hauler who does not follow the above procedure shall
be banned from collection of garbage/trash/recyclables in the City
of Fulton.
[Added 4-7-2009 by L.L. No. 2-2009]
All receptacles and containers must be removed from the curb
or the front of the residence on the day of collection. Said receptacles
and/or containers shall not be stored in any front yard area, as "front
yard" is defined within the Zoning Ordinance.[1] There shall be no debris or waste of any kind stored in
the front yard as defined in the Zoning Ordinance.
The record owner(s) and/or occupant(s) of real property shall
be responsible for the regular collection and/or disposal of all collectible
refuse which may accumulate on the property.
|
Any and all refuse situate upon the property of the record owner
or occupant shall be conclusively presumed to be the property of the
owner/occupant thereof, unless the owner/occupant can prove otherwise
in a court of law, the burden of which proof shall rest with said
owner/occupant.
[Added 5-7-1996 by L.L. No. 5-1996] |
No person shall take, remove, molest or otherwise disturb any
items which have been placed for and are awaiting removal by the city,
except the owner thereof, without permission from the Commissioner.
A.
The charge for the collection and disposal of garbage, refuse and
recyclables pursuant to this section from residential premises shall
be set by resolution of the Common Council.
B.
The charge for the collection and disposal of garbage, refuse and
recyclables pursuant to this section for commercial/industrial and
any other nonresidential premises, or premises outside the city limits
and receiving city water service shall be negotiated on a per-premises
basis by the Mayor, or his designee, after consultation with the Commissioner
of the Department of Public Works. The negotiated charge(s) shall
attempt to cover the actual cost to the city for the collection and
disposal.
[Amended 5-18-2010 by L.L. No. 3-2010]
|
C.
|
(i)
|
All charges to be collected pursuant to this section shall be
paid quarterly by the addition of a line item on the water and/or
sanitation bills issued by the City of Fulton Water Department.
| |
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(ii)
|
Interest, penalties and late charges shall be assessed in the
same amount as now or hereafter charged by the City of Fulton Water
Department.
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(iii)
|
All delinquent and otherwise unpaid charges for collection and
disposal shall be collected in the same manner as an unpaid water
and sewer bill, as set forth in § C244A of the City Charter,
entitled "Delinquent sewer and water charges to be paid with city
tax."
|
All residential premises shall be subject to the charges set forth in § C70-11 of this section whether or not the city collects any garbage, rubbish and recycling from the said premises.
[Added 12-6-1994]
The record owner(s) or assessed owner(s) of a small business may elect to permit the city to collect and dispose of garbage, refuse and recyclables. If such small business so elects, there shall be a five-bag limit per week. The charges for collection and method of collection shall be set forth for residential premises as set forth in § C70-11, and all provisions of this section shall apply to the said premises.
A.
The record owner(s) or assessed owner(s) of a commercial premises,
industrial premises, any other nonresidential premises, or premises
outside the city limits and receiving city water service may, during
the months of September to November, enter into a written agreement
with the Mayor, or his designee, for collection and disposal from
the premises. All agreements shall be for a term commencing on January
1 and ending on December 31, and the charges to be paid to the city
shall be set forth in the agreement. The terms of the agreement may
be modified during the term thereof by the consent of all parties,
except for the length of the agreement. The agreement shall set forth
an estimate of the garbage, refuse and recyclables to be collected
and disposed of by the city on weekly basis. In the event that the
estimated weekly burden on the city is substantially increased, the
city reserves the right to proportionately assess increased charges
commensurate with the increased burden.
[Amended 5-18-2010 by L.L. No. 3-2010]
B.
If the premises affected by the agreement are sold during the term,
the agreement shall be binding on the new owner(s).
C.
The agreements shall be automatically renewable for the next calendar
year after the initial term unless one (1) of the following events
occur:
(1)
The then owner(s) or assessed owner(s) notify the Mayor's office
in writing during the months of September, October or November that
they will not renew the agreement for the next succeeding calendar
year.
(2)
The City notifies the then record owner(s) or assessed owner(s),
in writing, during the months of September, October or November that
it will not renew the agreement for the next succeeding calendar year.
At the first regular meeting of the Common Council during the
month of November, the Mayor, or his designee, and the Commissioner
of the Department of Public Works shall meet with the Common Council
to review the overall performance of the collection and disposal system,
including an analysis of revenues and expenses, including budgeted,
actual and projected revenues and expenses; together with a recommendation
for increases or decreases in the charges assessed by the city. It
shall be the goal and stated purpose of this section to collect all,
or substantially all, of the capital expense and ordinary expenditures
of the City for the collection and disposal by the City by and through
the charges imposed by this section.
No officer, agent or employee of the City of Fulton shall render
himself personally liable for any damage that may accrue to persons
or property as a result of any act required or permitted in the discharge
of his duties under this chapter.
Any violation of the provisions of this chapter shall be punishable
as follows:
A.
The imposition and collection of any and all charges as set forth
in this local law; and/or
B.
Any person, association, partnership, firm or corporation violating
any provisions of this chapter shall be deemed guilty of the violation
and upon conviction thereof, shall be dealt with as follows: 1. For
a first offense the violator shall be fined a minimum of $25 to a
maximum of $50. 2. For a second offense violators shall be fined a
minimum of $50 to a maximum of $100. 3. For a third or subsequent
offense, the violator shall be fined a minimum of $100 to $250, or
shall be imprisoned in the Oswego County Jail for a period not exceeding
15 days, or shall be both so fined and imprisoned. Each day such violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as a separate offense hereunder; and/or
[Amended 5-7-1996 by L.L. No. 5-1996]
C.
In case of a violation of this chapter, the City and its officers
may, in addition to any other remedies conferred by law or ordinance,
institute any appropriate action or proceedings to prevent the unlawful
conduct or use and to restrain, correct or abate such violation; or
to prevent any illegal act, conduct, business or use in or about such
premises.
[Added 4-7-2009 by L.L. No. 2-2009]
A.
"Illegal dumping" shall be defined as the dumping of any refuse in
the City that is not generated within the City's corporate limits;
and the dumping of any refuse on City-owned properties, public rights-of-way
(other than rights-of-way lying between private property and the street),
and City-controlled dumpsters.
B.
Penalties. Any person, association, partnership, firm or corporation
violating this section shall be deemed guilty of a violation and,
upon conviction thereof, shall be dealt with as follows:
(1)
For a first offense the violator shall be fined a minimum of
$500 to a maximum of $750.
(2)
For a second offense the violator shall be fined a minimum of
$750 to a maximum of one thousand $1,500.
(3)
For a third or subsequent offense the violator shall be fined
a minimum of $1,000 to a maximum of $2,500, or shall be imprisoned
in the Oswego County Jail for a period not exceeding 15 days, or shall
be both so fined and imprisoned.
The failure of the City to take action against either the assessed
record owner(s) or occupant(s) of the premises for a violation shall
not be deemed to be a waiver of the city's right to enforce the provisions
of this ordinance for subsequent violations.
This local law shall take effect on September 5, 1994.
Every tax and assessment imposed under any of the provisions
of this Title shall be a lien upon all real estate against which the
same shall be assessed, for ten (10) years from the filing of such
assessment roll, superior to any mortgage, judgment or other lien
of any nature, except city taxes, affecting the same, and shall have
priority thereto, or to any conveyance thereof, and notice to the
occupant or tenant shall be held to be deemed a notice to the owner
or owners of said real estate.
