[HISTORY: Adopted by the City Council of
the City of Geneva 7-3-1968 as Appendix 1 of the 1968 Code. Amendments noted where
applicable.]
The following rules and regulations are enacted
as the Sanitary Code of the City of Geneva, New York and shall govern
the security of life and health in the City of Geneva, New York.
Whenever used in this Code, the following terms
shall have the meaning given herein:
Any local government, county government, or state agency
responsible for administration or enforcement of an applicable law
or regulation.
[Added 6-6-2012 by Ord.
No. 7-2012]
Any person designated by the authority having jurisdiction
or Code Enforcement Officer to act on his or her behalf.
[Added 6-6-2012 by Ord.
No. 7-2012]
The City of Geneva, New York.
The humus-like product of the process of composting organic
waste, which may be used as a soil conditioner.
[Added 7-1-2015 by Ord.
No. 4-2015]
A controlled biological treatment process by which microorganisms
decompose the organic fraction of waste, producing a stable humus-like
material.
[Added 7-1-2015 by Ord.
No. 4-2015]
Organic waste in the process of becoming compost.
[Added 7-1-2015 by Ord.
No. 4-2015]
All composting activities conducted on a site, including
all composting material, stored landscape waste and end-product compost
located on any site at any one time.
[Added 7-1-2015 by Ord.
No. 4-2015]
A room or group of rooms within a dwelling with facilities
which are used or intended to be used for living, sleeping, cooking
and eating purposes.[1]
Animal and plant waste resulting from the handling, preparation,
cooking, serving and nonconsumption of food.
[Added 7-1-2015 by Ord.
No. 4-2015]
Animal and vegetable waste resulting from the handling, preparation,
cooking, serving and nonconsumption of food and/or any organic waste.[2]
Any structure enclosed by walls and covered with a roof used
for any purpose whatsoever.
Grass or shrubbery cuttings, leaves, tree limbs and other
materials accumulated as a result of the care of lawns, shrubbery,
vines and trees, including any discarded fruits, vegetables and other
vegetative material generated in the care of a garden.
[Added 7-1-2015 by Ord.
No. 4-2015]
Food waste, landscape waste, wood waste and other nonhazardous
carbonaceous waste.
[Added 7-1-2015 by Ord.
No. 4-2015]
A person, partnership, corporation or association.[3]
A lot, piece, plot or parcel of land, including the buildings
and structures thereon.[4]
Any room or group of rooms, forming a single habitable unit,
used or intended to be used for living and sleeping but not for cooking
or eating purposes.[5]
Nonorganic manufactured articles that have outlived their
usefulness, composed of materials such as paper, cardboard, rags,
glass, metal, plastics, ceramics, cleaning compounds, and upholstery
materials.
[Added 7-1-2015 by Ord.
No. 4-2015]
[1]
Editor's Note: The former definition of “Environmental
health technician,” which immediately followed this definition,
was repealed 6-6-2012 by Ord. No. 7-2012.
[2]
Editor's Note: The former definitions of “Health Department”
and “Health officer,” which immediately followed this
definition, were repealed 6-6-2012 by Ord. No. 7-2012.
[3]
Editor's Note: The former definition of “Plumbing inspector,”
which immediately followed this definition, was repealed 6-6-2012
by Ord. No. 7-2012.
[4]
Editor’s Note: The former definition of “refuse,”
added 6-6-2012 by Ord. No. 7-2012, which immediately followed this
definition, was repealed 7-1-2015 by Ord. No. 4-2015.
[5]
Editor’s Note: The former definition of “rubbish,”
added 6-6-2012 by Ord. No. 7-2012, which immediately followed this
definition, was repealed 7-1-2015 by Ord. No. 4-2015.
Whatever is dangerous to human life or public
health; whatever buildings, premises or part or parts thereof, including
the cellar, are overcrowded or not provided with adequate means of
ingress or egress, or are not sufficiently supported, ventilated,
drained, sewered, lighted or cleaned; and whatever renders soil, air,
water or food impure or unwholesome, are declared to be nuisances
and to be illegal; and every person who created or contributes to
the same, or who permits the same to continue shall be deemed guilty
of a violation of this code.
[Amended 6-6-2012 by Ord.
No. 7-2012]
No fowl shall be killed or prepared for food
except in a room with a properly drained cement floor with sidewalls
of a smooth nonabsorbent material of a height of at least seven feet
from the floor. Any such room shall be supplied with running hot and
cold water and shall be well ventilated, frequently cleaned and kept
free from feathers, entrails or other objectionable matter. Each such
room shall be supplied with a covered container to receive all waste
and the contents of said container shall be properly disposed of when
full or the day's slaughter completed. The room and its appurtenances
shall be examined and approved by the authority having jurisdiction
or authorized representative before being used.
A.
No domestic animal or household pet shall be kept
within the City under such conditions as shall constitute a health
nuisance.
B.
No dog shall be allowed in any store, place or area
where food is handled or sold.
C.
No dog or other animal or household pet shall be placed
or permitted to remain on the roof of any building for the purpose
of disposing of excreta.
No swine shall be kept or harbored within the
City.
[Amended by Ord. No. 79-9, eff. 5-2-1979; 7-1-2015 by Ord. No. 4-2015]
A.
Food waste must be disposed of in one of three ways: use of a sink
disposal unit, storage in an airtight container until it can be taken
away by a licensed trash collector, or by composting. In the case
of composting, only the plant component of the food waste and eggshells
may be composted. The animal waste component must be disposed of in
a sink disposal unit or by trash collection. Landscape waste must
be disposed of by setting it at curbside for the semiannual municipal
pickup, taking it to the city transfer station, or by composting.
B.
Small-scale composting that does not require a permit under New York
State DEC regulation and enforcement code Chapter 4 shall be allowed
in the City of Geneva so long as it meets the following regulations
(1)
Composting materials must consist only of plant food waste, eggshells,
and yard waste, but not animal feces.
(2)
All compost must be generated and utilized on site.
(3)
When only plant food waste is being composted, the composting material
and compost must be in a composting container, closed on top and all
four sides, with suitable holes and slots to allow for air circulation.
When only landscape waste is being composted, the container need not
have a top, but should be enclosed on at least three sides with strong
wire mesh or wood slats. When properly mixed and covered with yard
waste, food waste composting material may be introduced into the more
open yard waste containers.
(4)
The composting materials shall be mixed or turned at regular intervals
as conditions mandate, to remix ingredients, distribute moisture,
rebuild porosity and aid in the physical breakdown of the composting
material. Water or wet food waste should be added during dry weather
to maintain the appropriate moisture level.
(5)
The composting operation should contain no more than 10 cubic yards
of composting material unless express written authorization has been
issued by the City of Geneva Department of Public Works.
(6)
The composting activities shall be located or constructed to prevent
composting material from sitting in ponded surface water, and shall
be situated no closer than 15 feet from the average seasonal high
water line of perennial water bodies.
(7)
The composting container shall be located no closer than four feet
to any side or rear property line.
(8)
In no event shall composting activities be conducted in a manner
that creates public nuisances such as bad odors, swarming insects,
or rodents.
[Amended 6-6-2012 by Ord.
No. 7-2012]
No person shall permit or have any vegetable
or animal substance, water or other liquid on his premises or ground
which shall give off an offensive odor or be prejudicial to life or
health. No person shall burn, boil, heat, dry, keep or store any offal,
swill, blood, bones, rags or decaying animal or vegetable matter within
the City limits without the written permission of the authority having
jurisdiction or authorized representative.
Every occupant of a dwelling unit shall be responsible
for the extermination of any insects, rodents or other pests in the
said unit. Infestation of two or more dwelling units in the same building
shall make extermination the responsibility of the owner of the building.
Extermination of rooming units shall be the responsibility of the
owner or landlord; it shall be done monthly by the landlord or more
frequently if needed.
[Amended 6-6-2012 by Ord.
No. 7-2012; 7-1-2015 by Ord. No. 4-2015]
The occupant of any dwelling unit, building, premises or place
of business in the City where trash/recyclables and/or food waste
is accumulated or exists shall provide or cause to be provided suitable
leak-proof and efficient receptacles, with tight covers, for receiving
and holding without leakage all trash/recyclables and/or food waste
that may accumulate from said unit, premises, business or the portion
thereof of which such person may be the occupant. Such receptacles
shall be kept securely closed at all times and placed and kept in
such a position as the authority having jurisdiction or authorized
representative may direct.
[Amended 6-6-2012 by Ord.
No. 7-2012; 7-1-2015 by Ord. No. 4-2015; 9-6-2017 by Ord. No. 5-2017]
No person shall dump and/or store any trash/recyclables or organic waste upon any property, public or private, including his/her own, or place furniture and other materials principally designed for interior use in exterior locations, including porches and lawns, in the City of Geneva, except for the purposes of composting, waiting for trash/recyclables pickup by a licensed hauler, or the biennial setting out of landscape waste for municipal pickup as set out in §§ 273-7 and 273-10.
[Amended 6-6-2012 by Ord.
No. 7-2012]
Whenever the authority having jurisdiction or
authorized representative shall determine that any building or part
thereof has, because of filth, poor ventilation, lack of repair or
any other cause become unsanitary and a menace to health, he may condemn
said building or part thereof and order the occupants to vacate the
same; and upon failure to comply with such order he may forcibly remove
said occupant and close the building or any part thereof and the same
shall not be again occupied without the written consent of the authority
having jurisdiction or authorized representative.
[Amended 6-6-2012 by Ord.
No. 7-2012]
No building shall be demolished or removed from
its site, except in an emergency, without the written consent of the
authority having jurisdiction or authorized representative, upon proof
that the said building has been subjected to satisfactory extermination
procedures for rodents, insects and pests during the seven days prior
to demolition or removal.
All toilet facilities, whether for management,
employees or the general public shall be properly constructed and
maintained, and all toilet rooms shall be kept in a clean condition,
in good repair, well lighted and well ventilated. All handwashing
facilities shall be supplied with hot and cold running water and sanitary
towels.
[Added 7-7-1971; amended 6-6-2012 by Ord. No. 7-2012]
In all buildings in which it is the obligation
of the owner or the landlord to provide heat, the said owner or landlord
shall, between September 15 and May 31, maintain heat of 68° F.
in all dwelling units or rooms therein.
[Amended 6-6-2012 by Ord.
No. 7-2012]
The safety, usability, conformity with requirements
and sanitary effects of any plumbing installation in the City of Geneva
shall be the decision of the Building Inspector. The safety, sanitary
effects and code conformability of any plumbing to be installed or
repaired in the City of Geneva shall be the sole decision of the Building
Inspector.
Upon the death of any animal within the City,
except when the same is properly and lawfully killed for food, the
owner or person having control thereof shall immediately dispose of
the carcass in a manner to avoid any unsanitary condition. In the
event that the owner of the dead animal is unknown, it shall be the
responsibility of the Department of Public Works to dispose of such
dead animals.
[Amended 6-6-2012 by Ord.
No. 7-2012]
No person shall make, cause to be made or continued
any noise or sound which endangers or injures the health or safety
of another, whether in the practice of any trade or calling, game
or sporting event, business or profession, musical or theatrical performance,
or the running, driving or flying of any vehicle, boat or motor, unless
the said noise shall be necessary for the protection or preservation
of the property or of the health, safety, life or limb of a person,
without permission in writing of the authority having jurisdiction
or authorized representative.
[Amended 6-6-2012 by Ord.
No. 7-2012]
No person shall permit the collection of water,
moisture or other liquid on any property owned or controlled by him
that in the opinion of the authority having jurisdiction or authorized
representative will be a harborage or breeding place for mosquitoes,
pests, insects or rodents.
[Amended 6-6-2012 by Ord.
No. 7-2012]
No person shall interfere with or obstruct the
authority having jurisdiction or authorized representative when in
the performance of his or their official duties.
[Amended 6-6-2012 by Ord.
No. 7-2012]
The authority having jurisdiction or authorized
representative shall be the enforcement officer of this Sanitary Code.
[Amended by the Health Officer, approved
by City Council and eff. 8-2-1972; amended by Ord. No.
79-20, eff. 9-5-1979; 6-6-2012 by Ord. No. 7-2012]
Any person who shall knowingly and willfully
violate or assist in the violation of this chapter shall upon conviction
be punished by a fine for the first offense in the amount of $100
or by imprisonment not exceeding 15 days, or by both said fine and
imprisonment for each offense. For a second offense committed within
12 months, the fine shall be $250 or by imprisonment not exceeding
15 days, or by both said fine and imprisonment for each offense. For
a third and subsequent violation committed within 12 months, the fine
shall be $500 or by imprisonment not exceeding 15 days, or by both
said fine and imprisonment for each offense. Each day that such violation
continues shall constitute a separate offense.
[Added 11-7-2018 by Ord. No. 3-2018[1]]
A.
Procedure upon report of a violation of § 273-11. In addition to the penalties set forth in § 273-22, the procedures set forth in Subsections B through E or in Subsection F of this section of the City Code may be followed by the Director of Public Works, at his option, upon receiving a report of violation of § 273-11.
B.
In the case of a report of a violation of § 273-11 made for the first time, the Director of Public Works may issue a notice of violation to the property owner of record or the person responsible for the violation, advising him or her or it that, if the violation of § 273-11 is not corrected within five days of the date of service of the notice of violation, the City will cause the items dumped and/or stored to be removed and taken to the appropriate landfill; that the actual costs of picking up and disposing such items will be billed to the property owner and that, upon his or her failure to pay such costs, they shall be added to the next real property tax bill of such property owner.
C.
The notice of violation provided for in Subsection B above shall be served by ordinary, first-class mail and, in the case of a property owner or the person responsible for the violation having an out-of-Town address, the Zoning Officer shall add three days to the notice's five-day period before enforcing the within provisions.
D.
In the case of a property owner or a person responsible for the violation of § 273-11, who has received a notice of violation provided for in Subsection B above, additional written notice need not be given by the Zoning Officer for subsequently reported violations of this section involving the same circumstances.
E.
Upon the expiration of the notice period provided for in Subsections B and C above or upon notification of a subsequent violation of § 273-11, pursuant to Subsection D above, if the property owner or the person responsible for the violation of § 273-11 has failed to take remedial action and the violation continues, the Director of Public Works shall assign City workers or contract with private individuals to correct the violation of § 273-11, and, upon the completion of such corrective work, the Director of Public Works shall promptly bill the property owner or the person responsible for the violation of § 273-11 for the actual cost of the corrective work, at his or her address as shown on the tax rolls or his or her or its last known address. Any charges remaining unpaid at the time City tax notices are prepared shall be added as charges on such City tax notices sent to the property owner. The City may bring a civil action to recover such charges against the person responsible for the violation of § 273-11 if he or she or it is not the owner of the property where the violation occurred.
F.
As an alternative to the procedures set forth in Subsections B through E above, the Director of Public Works may impose a charge of $10 for each day the violation of § 273-11 continues after the expiration of the notice period provided for in Subsections B and C above or upon notification of a subsequent violation of § 273-11, pursuant to Subsection D above. The Director of Public Works may impose a $10 per-day charge for each violation and subsequent violation. The Director of Public Works shall promptly serve the property owner or person responsible violation of § 273-11 with a notice of charge by mail at his or her address as shown on the tax rolls or his or her last known address. The Director of Public Works shall continue to issue notices of charges to the property owner or person responsible for the violation of § 273-11 on a weekly basis. Any amounts remaining unpaid at the time City tax notices are prepared are to be added as charges on such City tax notices. The City may bring a civil action to recover such charges against the person responsible for the violation of § 273-11 if he or she or it is not the owner of the property where the violation occurred.
G.
The property owner, the person responsible, or the person assessed with a violation of § 273-11 under this section of the Code may submit one appeal to the Office of the City Manager of the notice of violation referred to in Subsections A through E or the initial notice of charge described in Subsection F. Such appeal must be in writing and filed within 20 days of the mailing of the initial notice of correction or notice of charge. The City Manager shall determine the appeal within 15 days of filing.
This Code is intended to supplement but not
supersede the New York State Public Health Law and the New York State
Sanitary Code. If any of the sections of this Code shall be inconsistent
with the provisions of the New York State Public Health Law or Sanitary
Code, the provisions of the New York State Public Health Law or Sanitary
Code shall prevail.
