[Ord. of 2-4-1929, § 17; Ord. of 8-7-1978, § 1; Ord. of 3-6-1989, § 1;
Ord. of 11-7-1994, § 1; Ord. of 7-23-2001, § 1]
It shall be unlawful for any person to sweep or permit any person in his/her employ to sweep from any building or lot owned or occupied by him/her or from the sidewalk in front of such building or lot any dirt, paper or rubbish of any kind, nor shall any person throw, scatter or place within the limits of any public place any papers, rags, dirt, garbage, ashes or any refuse whatever. It shall be unlawful for any person to place or cause to be placed in any street, alley, highway or road any glass, metal, stone, earthenware or other substance likely to cause injury to pedestrians, animals, carriages, bicycles or other vehicles. Any person violating the provisions of this section shall be punished by a fine of $250 in City Court or a civil penalty of $250 recoverable in accordance with Section 9-11 of this chapter.
[1]
Editor's Note: See also the penalty in Administrative Code
§ 10.10.
[Ord. of 2-4-1929, § 16]
No person shall sift or screen any lime, ashes, dirt or sand
or shake any carpet in any street in the City.
[Ord. of 9-21-1953, § 1]
No person shall throw or deposit or procure, cause or direct
the throwing or depositing in the waters or channels of Fallkill Creek
within the City of any ashes, garbage, substance or thing; and no
person shall throw or deposit or cause, procure or direct the throwing
or depositing of, on or near the banks or walls of said creek, any
ashes, garbage, substance or thing in such manner as to injure, defile
or obstruct to any extent the waters of said creek.
[1]
Editor's Note: Depositing injurious substances in public waters,
§ 17-0101 of the Environmental Conservation Law.
Any person violating the provisions of Section 9-3 shall be punished by a fine of $1,000 or by imprisonment not to exceed three months or a civil penalty of $1,000 recoverable in accordance with Section 9-11 of this chapter.
[1]
Editor's Note: See also the penalty in the Administrative
Code § 10.10.
[2]
Editor's Note: Ordinance No. O-06-22 amended this section
as applicable to the Building Department's schedules of fees and fines.
[3]
Editor's Note: Ordinance No. O-06-23 amended this section
as applicable to the Sanitation Department's schedules of fees and
fines.
[Ord. of 9-21-1953, § 2; Ord. of 3-6-1989, § 3; Ord. of 11-7-1994, § 3]
No person shall throw or deposit or procure, cause or direct the throwing or depositing of, in or near any catch basin or other opening into the stormwater or sanitary sewer systems within the City, any ashes, garbage, substance or thing. Any person violating the provisions of this section shall be punished by a fine of $500 or by imprisonment not to exceed three months, or a civil penalty in the amount of $500 recoverable in accordance with Section 9-11 of this chapter.
[1]
Editor's Note: See also the penalty in Administrative Code
§ 10.10.
[Ord. of 8-18-1952, § 2]
(a)
Height and location restricted. It shall be unlawful
for any owner, lessee or occupant or any agent, servant, representative
or employee of any owner, lessee or occupant, having control of any
occupied or unoccupied lot or land or any part thereof in the City
to permit or maintain on any such lot or land any growth of weeds,
grass or other rank vegetation to a greater height than 12 inches
on the average or any accumulation of dead weeds, grass or brush;
or to permit or maintain on or along the sidewalk, street or alley
adjacent to such lot or land between the property line and the curb
or between the property line and the traveled parts of such street
or alley where there is no curb, any growth of weeds, grass or other
vegetation to a greater height than four inches on the average.
(b)
Poisonous or detrimental plants. It shall also be
unlawful for any person to cause, suffer or allow poison ivy, ragweed
or other poisonous plants or plants detrimental to health to grow
on any such lot or land in such manner that any part of such ivy,
ragweed or other poisonous or harmful weed or plant shall extend upon,
overhang or border any public place or allow seed, pollen or other
poisonous particles or emanations therefrom to be carried through
the air into any public place.
[Ord. of 8-18-1952, § 3; Ord. of 12-4-1961, § 1]
It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or to kill by spraying or cause to be cut and removed or killed by spraying all such weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of Section 9-6; provided, however, that cutting and removing or killing by spraying such weeds, grass and vegetation at least once in every three weeks between April 1 and November 1 shall be deemed to be a compliance with the terms and provisions of said section.
[Ord. of 8-18-1952, § 4; Ord. of 7-26-1976; Ord. of 6-3-1980, § 1, 2; Ord. of 3-6-1989, § 4;
Ord. of 1-6-1992, § 1; Ord. of 11-7-1994, § 4; Ord. of 7-23-2001, § 2; Ord. No. O-06-22,[1] § 1; Ord. No. O-06-23,[2] § 1; Ord. No. O-07-34, § 1]
(a)
Notice required. If the provisions of Sections 9-6 and 9-7 are not complied with, the Commissioner of Public Works or his/her designee may serve written notice upon the owner, lessee or occupant or any person having the care or control of any such lot or land to comply with the provisions of such sections.
(b)
Service, contents of notice. Such notice shall be affixed or posted upon the lot or land and a copy of such notice shall be mailed by regular and certified mail, return receipt requested, to such owner, lessee, occupant or person at his/her last known address. Such notice shall require compliance with the provisions of such sections within 120 hours to abate for first, second and third violation after the time of posting of such notice as aforesaid within any twelve-month period and within 48 hours to abate for the fourth and fifth violations within any twelve-month period after the time of posting of such notice as aforesaid and any property posted for any six or more violations under Sections 9-6 and 9-7 shall require immediate abatement and the property may be declared a nuisance as defined in Section 14-48 for which there are additional penalties.
(c)
Correction of condition by City. If the person upon whom such a notice is served fails, neglects or refuses to cut and remove or to kill by spraying or to cause to be cut or removed or killed by spraying such weeds, grass or other vegetation as provided in Section 9-8(b) for the first, second and third for violations under Sections 9-6 and 9-7, the Commissioner of Public Works or his/her designee shall cause such weeds, grass and other vegetation on such lot or land to be cut and removed or killed by spraying. If the person upon whom such a notice for the fourth and fifth violations under Sections 9-6 and 9-7 in any one twelve-month period is served fails, neglects or refuses to cut and remove or to kill by spraying or to cause to be cut or removed or killed by spraying such weeds, grass or other vegetation within 48 hours after the date of the mailing and posting of such notice as aforesaid, the Commissioner of Public Works or his/her designee shall cause such weeds, grass and other vegetation on such lot or land to be cut and removed or killed by spraying. Any property posted for any six or more for violations under Sections 9-6 and 9-7 in any twelve-month period shall require immediate abatement and fines recoverable in accordance with Section 9-34 and may have the property be declared a nuisance as defined in Section 14-48 for which there are additional penalties.
(d)
Collection of costs. The actual cost to the City
of such cutting and removing or killing by spraying, plus a sum equal
to 10% of such actual cost for inspection and other additional costs
in connection therewith plus a penalty in the amount of $250 shall
be certified by the Commissioner of Public Works to the Commissioner
of Finance, and the amount thereof shall thereupon become and be a
lien upon the property on which such weeds, grass or other vegetation
were located, and the total amount thereof shall be added to and become
a part of the next annual assessment roll at the time and in the manner
prescribed by the Charter of the City and subject to all the provisions
thereof.
(e)
Fine/civil penalty. In addition to the collection of costs as provided in Subsection (d) of this section, any person violating Sections 9-6 and 9-7 of this chapter shall be punished by a fine in City Court or a civil penalty recovered in accordance with Sections 9-11 and 9-35 of this chapter in the following amounts: $100 for the first violation, $150 for the second violation, $175 for the third violation, $200 for the fourth violation, $250 for the fifth violation and $500 for each violation thereafter in any one twelve-month period.[3]
[3]
Editor's Note: See also the penalty in Administrative Code
§ 10.10.
[Ord. of 10-21-1974, § 1; Ord. of 3-6-1989, § 5; Ord. of 11-7-1994, § 5;
Ord. of 7-23-2001, § 3; Ord. No. O-06-22,[1] § 1; Ord. No. O-06-23,[2] § 1; Ord. No. O-07-35, § 1]
(a)
Trees, shrubbery and vegetation of any kind or any type of obstruction, whether on private or public property, which obscures or interferes with the view of motorists entering any intersection of the City or interferes with pedestrian traffic on the sidewalks of the City is hereby declared a hazard and shall be removed or trimmed upon the order of the Commissioner of Public Works served in accordance with Section 9-8 of this chapter.
(b)
If the person upon whom such order is served fails, neglects or refuses to remove or trim the said trees, shrubs or weeds or any type of obstruction within the time described in Section 9-8 of this chapter, the Commissioner of Public Works shall cause such trees, shrubs and other vegetation or obstruction on such lot or land to be cut and removed or killed by spraying, and (s)he is authorized to collect the actual costs to the City of such cutting or removing or killing, plus a sum equal to 10% of such actual cost, in accordance with Section 9-8 of this chapter.
(c)
In addition to the collection of costs as provided in Subsection (b) of this section, any person who violates this section shall be punished by a fine of $250 in City Court or a civil penalty of $250 recoverable in accordance with Section 9-11 of this chapter and penalties under Section 9-34.[3]
[3]
Editor's Note: See also the penalty in Administrative Code
§ 10.10.
[Ord. of 4-19-1976, §§ 1 through 6;[1] Ord. of 8-1-1977, § 1, 2; Ord. of 2-27-1978, § 1; Ord. of 5-16-1978, § 1;
Ord. of 6-3-1980, § 1, 2; Ord. of 9-4-1984; Ord. of 3-6-1989, § 1; Ord. of 1-6-1992, § 2; Ord. of 11-7-1994, § 6;
Ord. of 8-21-1997, § 1; Ord. of 8-14-2000, § 1; Ord. of 7-23-2001, § 4; Ord. of 5-13-2002, § 1; Ord. No. O-06-22,[2] § 1; Ord. No. O-06-23,[3] § 1; Ord. No. O-07-36, § 1]
(a)
It shall be unlawful for any owner, lessee or occupant or any agent, servant, representative or employee of any owner, lessee or occupant having control of any occupied or unoccupied lot or land or any part thereof in the City to permit or maintain on any such lot or land any garbage, trash, litter or debris, unless the same is placed in a receptacle as provided in Section 9-20. It shall also be unlawful for any owner, lessee or occupant or any agent, servant, representative or employee of any owner, lessee or occupant having control of any occupied or unoccupied lot or land or any part thereof in the City to permit or maintain on any such lot or land any bulky waste or to place any bulky waste at the curb of said lot or land, unless a day for municipal collection has been designated and publicized by the City; and, in such case, bulky waste must be placed for collection in accordance with the instructions publicized by the City and in compliance with the time limit set forth in Section 9-24.1 of this chapter. It shall further be unlawful for any owner, lessee or occupant or any agent, servant, representative or employee of any owner, lessee or occupant, having control of any occupied or unoccupied lot or land or any part thereof in the City, to permit or maintain on any such lot a vehicle in a dismantled, partially dismantled, wrecked or inoperable condition or more than one unregistered motor vehicle on any piece of property for more than one day or more than two dismantled or unregistered and inoperative motor vehicles on the premises of a legally established garage or repair shop for a period of more than 30 days.
(b)
It shall be the duty of any owner, lessee or occupant of any lot
or land to remove all such garbage, trash, litter, debris, bulky waste
or any vehicle(s) in a dismantled, partially dismantled, wrecked,
inoperable or unregistered condition.
(d)
Such written notice shall be mailed to such owner, lessee, occupant
or person at his/her last known address by certified mail, return
receipt requested, and affixed to or posted upon such lot or land,
or affixed to the bulky waste or vehicles. Such notice shall also
be deemed to be properly served upon such owner, lessee, occupant
or person if a copy is served upon such owner, lessee, occupant or
person personally or such other method of service authorized by the
Civil Practice Law and Rules of the State of New York. Such notice
shall require compliance with the provisions of such subsections within
five days after the date of the mailing and posting of this notice
or within 48 hours if service is made personally.
[Amended by Ord. No. O-17-7, 10/2/2017, § 1]
(e)
If the person upon whom such a notice is served fails, neglects or refuses to remove such garbage, trash, litter, debris, bulky waste or vehicle(s) within 48 hours after such notice as aforesaid if service of such notice is made personally or within five days after the date of the mailing and posting of such notice, the Commissioner of Public Works shall cause such garbage, trash, litter, debris, bulky waste or vehicles in a dismantled, partially dismantled, wrecked, inoperable and/or unregistered condition to be removed. A hearing may be requested, in writing, by any person aggrieved by a determination resulting in a notice of violation, heretofore set forth, within 10 days after such notice has been mailed. Such hearing shall be held in accordance with the provisions of Section 12-50 of the City of Poughkeepsie Code of Ordinances, as such are consistent herewith, except that an electronic recording may be kept of the hearing, instead of a stenographic transcript, as determined by the hearing officer.
[Amended by Ord. No. O-17-7, 10/2/2017, § 1]
(f)
The actual cost to the City of such removal, plus a sum equal to
10% of such actual cost for inspection and other additional costs
in connection therewith, together with a penalty in the amount of
$250 shall be certified by the Commissioner of Public Works to the
Commissioner of Finance, and the amount thereof shall become and be
a lien upon the property on which garbage, trash, litter, debris,
bulky waste or any vehicle(s) in a dismantled, partially dismantled,
wrecked, inoperable or unregistered condition exists, and the total
amount thereof shall be added to and become a part of the next annual
assessment roll at the time and in the manner prescribed by the Charter
of the City and subject to all the provisions thereof.
(g)
In addition to the recovery of costs and penalty as provided for in Subsection (f) of this section, any person violating the provisions of this section shall be punished by a fine of $250 in City Court or a civil penalty in the amount of $250 recoverable in accordance with Section 9-11 and $2,500 in accordance with Section 9-34 of this chapter.[4]
[4]
Editor's Note: See also the penalty in Administrative Code
§ 10.10.
[1]
Editor's Note: Ord. of 4-19-1976, §§ 1 through 6 did not specifically amend the Code. Codification herein as Section 9-10 was, therefore, at the discretion of the editor.
[2]
Editor's Note: Ordinance No. O-06-22 amended this section
as applicable to the Building Department's schedules of fees and fines.
[3]
Editor's Note: Ordinance No. O-06-23 amended this section
as applicable to the Sanitation Department's schedules of fees and
fines.
[Ord. of 11-7-1994, § 7; Ord. of 5-13-2002, § 2]
(a)
Whenever the Superintendent of Public Works or the Sanitation Inspector
determines that there has been a violation, or that there are reasonable
grounds for belief that there has been a violation of any provision
of this chapter, the Superintendent of Public Works or the Sanitation
Inspector shall give notice of such violation or violations and an
order to pay a civil penalty as prescribed herein to the person or
persons responsible for such violation or violations. Such notice
shall be in writing and shall specify the alleged violation. Such
notice shall be served upon the persons responsible for the violation
or violations, who may be the owner, occupant, operator or agent of
a dwelling as the case may require, in accordance with the requirements
hereinafter set forth.
(b)
Such notice shall be deemed to be properly served upon such person,
owner, agent, occupant or operator if a copy is served upon such person,
owner, agent, occupant or operator personally; or if a copy thereof
is sent by certified mail, return receipt requested, to the last known
address of such person; or if a copy is posted in or on a conspicuous
place in or on the building affected by the notice and a copy of said
notice is mailed by certified mail, return receipt requested, on the
same day as posted to the person, owner, agent, occupant or operator;
or such other method of service authorized by the Civil Practice Law
and Rules of the State of New York. Such notice shall inform the person
to whom it is directed of his right to apply for a hearing as provided
in this section.
[Amended by Ord. No. O-17-7, 10/2/2017, § 2]
(c)
Following receipt of the notice of violation with notice of right
to a hearing, the person responsible for such violation shall have
10 days from the date of the notice to request a hearing, in the manner
provided herein. In the event that said person fails to request said
hearing as so provided, (s)he shall be deemed to have waived his right
to a hearing and to any further administrative remedies, and the determination
of the Superintendent of Public Works or the Sanitation Inspector
shall be deemed final and conclusive.
[Amended by Ord. No. O-17-7, 10/2/2017, § 2]
(d)
Any person affected by any notice of violation issued in connection
with the enforcement of any provisions of this article or of any rule
or regulations adopted pursuant thereto may request and shall be granted
a hearing before a hearing officer to be appointed by the City Administrator,
provided that such person shall file, within 10 days of the date of
the notice of violation, in the office of the Superintendent of Public
Works, a written request for such hearing, setting forth a brief statement
of the grounds therefor, designating the person and his/her address
upon whom orders may be served and setting forth the reasons why such
notice of violation should be modified or withdrawn, on a form as
provided by the Superintendent of Public Works. If this request is
filed within such ten-day period, no action to collect the civil penalty
shall be taken while the hearing is pending.
(e)
Upon receipt of a request for a hearing, the Superintendent of Public
Works or the Sanitation Inspector shall set a time and place for such
hearing and shall give the applicant at least 10 days' written notice
thereof. Such hearing shall commence not later than 30 days after
the date on which the request was filed; however, hearings may be
postponed by the hearing officer beyond such thirty-day period for
good and sufficient reason. At such hearing, the applicant or his/her
representative shall be given an opportunity to show cause why such
notice of violation should be withdrawn. The applicant shall be entitled
to be represented by legal counsel of his/her choosing at such hearing
and to cross-examine all witnesses against him.
(f)
After a hearing held in accordance with this section, and on consideration
of the evidence presented, the hearing officer shall sustain, modify
or withdraw the notice. If the notice of violation is sustained or
modified, such final determination shall be deemed a final order and
shall be served on the parties. The hearing officer shall keep a written
summary of testimony and a copy of every notice or order, records
of appearances, findings of fact and final determination, and such
record shall be maintained as a public record. Stenographic minutes
or an electronic recording of every hearing shall be made, as determined
by the hearing officer, and filed in the offices of the Public Works
Department. Such recording or minutes shall be made available to any
person requesting the same upon payment of a reasonable charge for
copying pursuant to law. A copy shall be furnished to the appellant
upon request, free of charge.
(g)
Any person or party aggrieved by an order of the hearing officer
may seek to have such order reviewed by the Supreme Court in the manner
prescribed by Article 78 of the Civil Practice Law and Rules.
(h)
The civil penalty assessed pursuant to the notice of violation, if
no hearing is requested pursuant to this section, or as modified or
sustained by the hearing officer, if a hearing is requested and held,
shall be recoverable in a civil action in court by the Corporation
Counsel, together with costs and disbursements. When the Corporation
Counsel obtains a judgment in an action under this section, in addition
to the appropriate methods of enforcement for judgments established
in the Civil Practice Law and Rules, such judgments for civil penalties
shall constitute a lien against the affected property and shall be
filed with the Commissioner of Finance, within one year from the entry
of judgment, and the total amount thereof shall be added to and become
a part of the next annual assessment roll for the affected property
at the time and in the manner prescribed by the Charter of the City
and subject to all the provisions thereof.
[Ord. of 11-7-1994, § 8]
Whenever the Superintendent of Public Works or Sanitation Inspector,
at any stage of the proceedings instituted under the provisions of
this chapter, finds that a violation of this chapter exists which,
in his/her opinion, requires immediate action to abate a direct hazard
or immediate danger to the health, safety, morals or welfare of the
public, (s)he may, without prior notice or hearing, issue an order
citing the violation and directing that such action be taken as is
necessary to remove or abate the hazard or danger. Notwithstanding
any other provision of this chapter, such order shall be effective
immediately upon service and shall be complied with immediately or
as otherwise provided. Expenses incurred in the execution of such
orders shall be recovered as provided in the section violated.
[Ord. of 11-7-1994, § 9]
The Superintendent of Public Works or the Sanitation Inspector
may extend the compliance time specified in any notice or order issued
under the provisions of this chapter where there is evidence of intent
to comply within the period specified, provided that reasonable conditions
exist which prevent immediate compliance. Evidence of intent to comply
within the period specified shall consist of a written agreement entered
into between the City and the person who was served a notice of violation.
[Ord. of 11-7-1994, § 10]
Whenever a notice or order has been issued for any infraction
of this chapter, the Superintendent of Public Works or the Sanitation
Inspector may file a copy of such notice or order in the office of
the City Clerk or agency having jurisdiction. Such recording shall
constitute appropriate information of such notice or order to any
subsequent purchaser, transferee, grantee, mortgagee or lessee of
the property affected thereby.
