[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Editor's Note: Original § C60, Organization, as amended, was repealed 10-30-1991 by L.L. No. 3-1991.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 10-1-2024 by L.L. No. 20-2024]
The Commissioner of Public Works of the City of Fulton is hereby authorized to seize and remove or cause to be removed any abandoned shopping cart within the City, from any public place or from such property of another without notice, and shall take or cause the same to be taken to a facility within the City for redemption or disposition as hereinafter provided. The Commissioner of Public Works is authorized to call upon the City agencies or departments to assist in enforcement of this section.
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. | |
(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. | ||
(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.