[HISTORY: Adopted by the Board of Trustees
of the Village of Phoenix 2-7-1992 by L.L. No. 1-1992 (Ch. 39 of the 1993
Code); amended 6-16-1992 by L.L. No. 2-1992 and 11-2-1993 by L.L. No.
11-1993. Subsequent amendments noted where applicable.]
[Amended 5-3-2016 by L.L.
No. 3-2016]
A.
ADDITIONAL CHARGES
BRUSH
CONSTRUCTION AND DEMOLITION DEBRIS (C&D)
FEES
GARBAGE
HOUSEHOLD AND SIMILAR APPLIANCE(S)
HOUSEHOLD AND SIMILAR FURNISHING(S)
NONRECYCLABLE MATERIALS
NONRESIDENTIAL SOLID WASTE
OWNER AND/OR OTHER RESPONSIBLE PERSON(S)
(1)
(2)
(3)
OSWEGO COUNTY LOCAL LAW NO. 2-2011
RESIDENTIAL RECYCLABLES
RESIDENTIAL SOLID WASTE
SOLID WASTE
TREE PARTS
As used in this chapter the following words shall have the following
meanings:
Any charges other than Fees timely paid, and as may be imposed and assessed to an Owner and/or Other Responsible Person(s) for services rendered, expenses, liabilities and costs incurred by Village or its contracted for hauler providing the Village Services, including without limitation, for violations of this Chapter 161, any costs, fees, penalties and expenses as incurred by Village or hauler as a result thereof, any out of pocket and internal administrative, services or labor and related expenses, alternative facility disposal fees, fees for transport for exceeding overall volume, weight or quantity restrictions and for transport and disposal of prohibited or restricted items or substances. Same shall also include, without limitation, for collection and enforcement efforts of delinquent/overdue Fees and Additional Charges, and the costs and expenses incidental to imposition, assessment and levy on premises under § 161-9 hereof and for any other such fees, costs and expenses under Chapter 146 of the Village Code.
Cuttings from shrubs, hedges and trees which are less than
four inches in diameter, grass clippings and leaves.
Discarded building material, concrete, stones, earth from
excavations or grading and all other refuse matter resulting from
the erection, repair or demolition of buildings, structures and other
improvements to the premises assessed for Village Solid Waste charges
hereunder and located within the Village of Phoenix only and including
such materials as defined under 6 NYCRR 360-1.2(b)(38), any successor
provision, or under Oswego County Local Law No. 2-2011 entitled "Oswego
County Recycling and Solid Waste Local Law," amending Oswego County
Local Law No. 3-2008 entitled the "Oswego County Recycling and Solid
Waste Local Law," including as same may have been or as hereafter
may be amended (hereinafter any reference to "Oswego County Local
Law" shall mean the foregoing including any such amendments to same
hereinafter and/or any regulation promulgated or other direction as
issued by the Oswego County Director of Solid Waste Programs).
Charges periodically invoiced to Village of Phoenix Owners
and Other Responsible Person(s), including extraterritorial (outside
Village) customers for the regular provision of Village Services to
premises pursuant to those charges imposed under Fee Schedule as duly
adopted and published by the Village from time to time.
Kitchen and house refuse and table cleanings, fruit and vegetable
parings, decaying vegetable, animal and fruit matter and fallen fruit
and similar food, produce/plant, and such other items or substances
of organic waste and the like, by whatever name, as are defined as
within permitted Residential Solid Waste by Oswego County under Oswego
County local law.
Any household type mechanism or equipment, regardless of
size (such as a small household or kitchen appliance, or refrigerator,
washer, dryer, stove, and the like) ordinarily but not necessarily
operated by gas or electric current, and actually having been used
in the subject premises.
Any furnishings and similar articles actually used in the subject premises and which equip it for living or work (such as chairs, sofas, tables, beds, desks and the like) and not specifically otherwise described under this § 161-1A.
Rags, sweepings, excelsior, rubber, leather, crockery, shells,
clothing, straw, dirt, filth, ashes, wastepaper and similar waste
material, and any other form or item of Solid Waste or item deemed
to be nonrecyclable under Oswego County local law or others specifically
herein.
Any item generated or produced within the Village of Phoenix
that does not constitute Residential Solid Waste, including Hazardous
Waste, Liquid Waste, Industrial Waste, Institutional Medical Waste,
Sewage or Sludge (as such foregoing terms are or may hereafter be
defined under Oswego County local law).
The title owner or owners of premises as shown on deed of record
located at the Office of the Oswego County Clerk, any mortgage lender
or lienor having assumed possession or control of the premises, including
by court order in foreclosure or receivership, or other legal representative
of an Owner (trustee, guardian of a minor incompetent or incapacitated
person);
Any lessee, tenant, boarder or other occupant or person in possession
under legal agreement (written or unwritten) or relationship of the
premises or part thereof from which generation or production arises
or occurs;
Any other person(s) directly or otherwise legally responsible for the generation or production from the premises or part thereof, and including any such legal representatives as aforementioned of premises described under Subsection (2) or (3). Where an Owner and/or Other Responsible Person(s) is an entity having certain partners, shareholders, officers, directors, trustees, members and the like whom may based upon certain conduct be held personally responsible under applicable law, then such persons may likewise be deemed as such hereunder.
As defined under Section 161-1, definition of "construction and demolition debris," hereof.
Clean metal food containers and cans, glass food containers
and bottles with metal rings and tops removed, discarded newspapers,
magazines, cardboard and flat paper, plastic containers, plus any
other items or substances herein or as may hereinafter be defined
as and/or directed to be residential recycling materials by Oswego
County local law and which is generated or produced at a residence
or from a commercial use or structure or part thereof within the Village
of Phoenix. Same may include Construction and Demolition Debris resulting
from remodeling, building or demolition of such residence or commercial
use or structure or part thereof only as and to the extent same may
be or have been approved by duly adopted general or specific resolution
of the Village Board and shall not, in any event, include Industrial,
Commercial, or Institutional Waste, Hazardous Waste, Liquid Waste,
Regulated Medical Waste, Sewage or Sludge (the foregoing capitalized
terms as defined under Oswego County local law).
All Solid Waste generated at a residence or similar type
solid waste generated or produced from a commercial structure or use,
or part thereof within the Village of Phoenix, and however including
only as may be approved by general or specific resolution of the Village
Board, Construction and Demolition Debris resulting from remodeling,
building or demolition of the subject residential or commercial structure.
Same shall not otherwise include, in any event, Industrial, Commercial,
Institutional Waste, Hazardous Waste, Liquid Waste, Regulated Medical
Waste, Sewage or Sludge (the foregoing capitalized terms as defined
under Oswego County local law).
Shall have the definition set forth in 6 NYCRR 360-1.2(a)
or successor provision, but shall not include any materials designated
as Recyclable Materials by the Director, including pursuant to Section
3(4)(g) of the Oswego County local law, or by other New York State
or United States statute or regulation.
Cuttings from shrubs, hedges and trees which are more than
four inches in diameter.
B.
The following, except as may be otherwise specifically provided herein at § 161-1A above, by further duly adopted resolution of the Village Board of Trustees, and/or as hereinafter provided at § 161-1B(3) following, shall not be collected or left at curbside for collection by the Village Residential Solid Waste and Recyclables service mandated herein:
(1)
All brush, construction and demolition debris, including without
limitation, baths, sinks, flooring and carpets, or household and similar
appliances and furnishings, "white goods," and other items containing
CFCs; all batteries, automobile parts and electronic parts or components
including without limitation televisions, computers, computer monitors,
screens and microwave ovens. The foregoing notwithstanding, single
or limited household and similar appliances and furnishings may, in
Village's sole discretion, be collected; however same may be
determined as subject to an additional charge for collection and disposal
and if not so collected shall in any event be removed from curbside
by the owner and/or other responsible person(s) not later than 7:00
p.m. on the scheduled collection day. Paint cans, provided the tops
are off, paint is completely dried (sand or cat litter may be utilized
to absorb same) and if placed next to but separate from residential
recyclables and residential solid waste, may be collected.
(2)
Any other substance or item not accepted as residential recyclables
or residential solid waste hereunder, under Oswego County local law,
under specifically stated provisions of the Village of Phoenix hauler
contract, or at the specific Oswego County Solid Waste Facility utilized
by the Village of Phoenix's contracted for hauler. Any such substances
or items left at curbside and not collected by the Village hauler
shall be removed from the street side before 7:00 p.m. on the scheduled
collection day, and shall be brought to a specialized disposal or
recycling center for disposal by the owner or other responsible person(s).
In the event the Village hauler collects and disposes of same in error
and/or because of concealment and to avoid any potential charges,
fees or penalties resulting from same, the owner and other responsible
person(s) may be charged for the costs thereof including without limitation
any expenses, fees or penalties directly related to and/or incurred
for such collection and disposal and/or related to Village or hauler
administrative and/or labor, time and expense incurred as a result
of same.
(3)
In the event, and to the extent the Village Solid Waste and Recyclables
service may be extended to include properties outside the Village,
the provisions hereof shall apply to such extraterritorial premises
as if same were within the Village except that such residential recyclables
and residential solid waste may be generated or produced at the premises
outside the Village at which collection is made and assessed.
[Added 5-3-2016 by L.L.
No. 3-2016]
A.
Effective September 1, 2016, it shall be mandatory for all persons,
properties and uses as described herein and located within the Village
to utilize the Village-provided residential solid waste and residential
recyclables service ("Village services") subject to and/or except
as follows:
(1)
Such governmental units of New York State, Oswego County, the
United States and school districts as have asserted a legal sovereign
authority relative to this mandate by Village may determine not to
utilize the Village service and shall not be subject to any exemption
fees hereinafter described and established by Village.
(2)
For collection and disposal of such items or substances as described at § 161-1B that are not included under the Village service for residential solid waste and residential recyclables or which are brush, tree parts not properly bundled and/or household and similar appliances and furnishings as are or may become limited, restricted, expanded and/or prohibited in this § 161-1.1 and this potentially resulting in an additional charge, such persons may dispose of same personally or by a contractor or hauler otherwise complying with the Village Code, including its hauler licensing provisions.
(3)
No single, duplex and/or multiple-family residential premises
or their owners, occupants or tenants may be exempted from this requirement.
(4)
Any commercial premises or use and within which, and to the
extent any business, retail, services, trade, manufacturing, industrial
or other such use generating or producing residential and nonresidential
solid waste and recyclables is conducted may be exempted from such
requirement of mandating Village services only upon approval of such
exemption by the Village Board of Trustees. The Village Board shall
consider same for such applicant, premises and uses existing as of
the effective date hereof only, upon written application made not
later than August 1, 2016, signed and sworn to and/or affirmed as
true and accurate before a notary public by the owner of the premises
within which such commercial use seeking exemption is situate and
evidencing the satisfaction of the Village Board that:
(a)
Its existing or proposed hauler contract provisions for the
premises and/or particular use is upon terms and conditions that are
substantially/materially more practical, administrative, and/or economically
advantageous than service provided by Village. Absent material additional
cost or similar significant practical difficulty, the fact that use
of the Village service and an additional outside service for the purpose
of collection and disposal of nonresidential solid waste and recyclables
shall not in and of itself standing alone be of sufficient proof to
warrant an exception;
(b)
The applicant for exemption has documentary proof (contract
or firm proposal) of an existing or proposed hauler that will provide
service(s) on the date when Village service takes place, or otherwise
only as necessary, on such date(s) and within times as approved by
the Village Board; and shall have obtained the necessary license agreeing
to comply with such conditions as required by the Village Board;
(c)
The Village Board has received and reviewed a copy of such existing
or proposed hauler contract or firm quote and other documents as necessary
to evidence the facts attested to in support of the application;
(d)
The Village Board shall upon the same requirements and conditions
consider the application of any commercial use newly established after
August 1, 2016, provided application is made not later than 60 days
following commencement of business operations;
(e)
Except as provided hereinabove at § 161-1.1A(1), or in the event the Village Board makes a specific finding the hardship determined under § 161-1.1A(4)(a) under the applicant's specific circumstances, an exempted premises or commercial use shall nevertheless be subject to an exemption fee as shall be established by the Village Board from time to time, the payment of which shall be subject to the provisions hereof applicable to fees and additional charges for the Village service including without limitation §§ 161-9 and 161-10 hereof. In the case of a significantly unique and extraordinary hardship qualifying exception, such exemption fee may be partially rather than wholly exempted.
[Amended 2-16-1999 by L.L. No. 1-1999; 5-3-2016 by L.L. No. 3-2016]
In order to facilitate the conservation of vital natural resources
through recycling, no person shall dispose of residential recyclables
and residential solid waste except as follows:
A.
Residential recyclables and residential solid waste will be collected
on such day or days of each week as designated by the Village of Phoenix
from time to time, between 6:00 a.m. and 6:00 p.m. The collection
day(s) may be changed during holiday weeks.
B.
Any owner and/or other responsible person(s) occupying or otherwise legally generating or producing from premises subject to this Chapter 161 and not served by a securely covered and screened dumpster shall provide separate, suitable, sanitary containers for residential solid waste. Such containers when filled shall not exceed 45 gallons in volume nor 75 pounds in weight. All containers must be securely covered rigid plastic or metal containers. Plastic bags not in covered containers or containers exceeding the foregoing weight and volume limits may not be picked up, or if picked up may result in an additional charge to the owner and/or other responsible persons. All such items shall be placed inside of the street curbing and pavement and shall not obstruct drainage flow to or be placed atop any gutters. The Village Board, under § 161-2E hereof, specifically reserves the right to, by duly adopted resolution, impose total maximum quantities, volumes and/or weights and/or impose modified fees in relation to same.
C.
Each owner and/or other responsible person(s) shall also provide
separate sanitary containers for residential recyclables, other than
discarded newspaper, magazines, cardboard and flat papers. Discarded
newspapers, magazines, cardboard and flat papers shall be separated
from other residential solid waste for separate collection. Discarded
newspaper, magazines, cardboard and flat paper shall be securely tied
in bundles each weighing not in excess of 40 pounds. Plastic containers,
not containing any prohibited substances or items, shall be separated
from other materials and placed in a suitable container.
D.
Any additional charges to an owner and/or other responsible person(s) relating to disposal of items or substances that are not residential solid waste or residential recyclables or of quantities, volumes or weights of such permitted residential solid waste or residential recyclables in excess of that permitted hereunder shall be in violation and may be invoiced for fines, costs and expenses as provided at § 161-2B hereof from, and the same shall be due and payable only to the Village of Phoenix. Such owner and/or other responsible person(s), as well as any tenant or occupant generating or producing same, or permitting same to be or remain placed at the curbside fronting their premises, shall be presumed jointly and severally liable, subject to any tenant or occupant of multiunit premises right to rebut same by credible evidence that the owner or another tenant is solely responsible for such conduct. Reference in this Chapter 161 to a "person" shall mean any such owner and tenant/occupant(s) and/or other responsible persons.
E.
Notwithstanding any other provision of this Chapter 161 to the contrary or otherwise, the Village Board has determined that the provisions of this Chapter 161, as so amended by Local Law No. 3-2016, are intended to address certain inconsistencies as between the existing Chapter 161 requirements, Village of Phoenix owners and other responsible person(s) and hauler understandings and policies as have existed to date and the requirements of Oswego County local law, and a recognition and concern that collection and disposal costs to Village will not exceed approved annual Village budget and expected revenues. Accordingly, and notwithstanding any other provisions of this Chapter 161 to the contrary or otherwise, following the effective date hereof, as may be deemed reasonable and/or necessary, the Village Board may, by duly adopted resolutions, from time to time, further clarify, supplement or amend the foregoing and following provisions, including without limitation to expand or restrict the scope of Village services and/or premises covered and solid waste subject hereto and to establish and modify additional charges, fees and any other charges related to the application and enforcement of this chapter.
A.
The Board of Trustees shall determine schedules for
the collection of construction debris, major appliances and large
household furnishings.
B.
Construction debris shall not be discarded in the Village of Phoenix at the same time as any scheduled garbage and/or recyclable or nonrecyclable rubbish or other waste material defined under § 161-1 (except construction debris) pickup. There shall be no outside storage of construction debris in the side yards or front yards of any parcel in the Village except for at the time of construction debris pickup.
[Amended 9-1-2009 by L.L. No. 3-2009]
C.
All major appliances and large household furnishings
which are to be discarded from a residence where the appliance or
furnishing was actually in use shall be placed by the owner of said
appliance or furnishing at the curb on the scheduled collection day
for pickup. It shall be the sole responsibility of the owner to dismantle
the appliance or furnishing so that it will not be a hazard to the
public. In this respect, doors shall be removed from the appliance
or furnishing before placing it at the curb for collection.
D.
There shall be no obligation to pick up and remove
any construction debris, major appliance or household furnishing which
was not used in a residence in the Village of Phoenix.
[Added 9-1-2009 by L.L. No. 3-2009]
Except as provided in this chapter or otherwise authorized by resolution of the Village Board of Trustees, no person shall place for collection, or cause to be placed for collection, any garbage, recyclable or nonrecyclable rubbish, construction debris or other waste material defined at § 161-1 hereof which has been generated as a result of a resident/occupant vacating or relocating to the premises and/or renovation or rehabilitation work at the premises. The foregoing prohibition notwithstanding, garbage, recyclable or nonrecyclable rubbish, construction debris or other waste material defined at § 161-1 hereof, to the extent otherwise permissible hereunder, may be placed for collection in quantities that would not exceed the average usual quantities for the subject premises, as determined by the Code Enforcement Officer.
A.
The Board of Trustees shall designate the days and
hours for collection of garbage, recyclable rubbish and nonrecyclable
rubbish.
B.
The village's employees or its agents or equipment
shall not enter private property or structures in making collections.
C.
All garbage, recyclable rubbish and nonrecyclable
rubbish, construction debris, major appliances and large household
furnishings to be picked up must be at the curb no later than 8:00
a.m. on the day of collection, and no material may be placed at the
curb before 12:00 noon of the day preceding the scheduled pickup day.
D.
Empty containers shall be removed from the curbline
or other place of collection by the occupants of the premises before
the end of the day on which collection is made from the premises.
[Amended 9-1-2009 by L.L. No. 3-2009]
A.
From time
to time, the Village, as a Village-wide service to all residents,
may collect brush and/or tree parts.
B.
No such brush and/or tree parts shall be commingled with garbage, recyclable or nonrecyclable rubbish, construction debris or other waste material defined at § 161-1 hereof placed at the curb or street side for disposal by the Village.
C.
The authorization provided for in § 161-5A hereof shall apply only to brush and/or tree parts produced by the individual activity or efforts of the owner or occupant of the premises.
D.
Brush and/or
tree parts produced by commercial contractors must be removed from
the premises by the contractor or by the owner or occupant of the
premises. Such brush and/or tree parts may not be placed at or near
the curb or street right-of-way, except temporarily as may be necessary
in the course of the work which produced the brush and/tree parts.
Brush and/or tree parts produced by commercial contractors shall not
be collected or removed.
E.
The Superintendent
of the Department of Public Works may, from time to time, designate
periods for the collection, removal, and disposal of leaves. Leaves
shall be appropriately bagged in biodisposable paper bags and placed
at the curb or street side, but not into the street.
[Amended 3-4-2014 by L.L. No. 2-2014]
F.
The Village
may require that all green waste (except for large tree parts) that
is picked up or otherwise disposed of by the Village be bagged in
biodisposable paper bags or bundled with twine.
[Amended 3-4-2014 by L.L. No. 2-2014]
A.
It shall be the duty of the owner, lessee or occupant
of every dwelling, store or other building within the Village of Phoenix
to keep such buildings free, clear and clean of all kinds of garbage
and rubbish of any kind or description.
B.
It shall be the duty of the owner, lessee or occupant of every nonresidential structure, apartment or residential structure having four or more separate dwelling units within the Village of Phoenix to keep all garbage and refuse containers inside the structure on the occupied premises or in a suitable, completely enclosed structure considered for that particular purpose of approved design from approved building materials in accordance with Chapter 98, Fire Prevention and Building Construction, but nothing herein shall be construed to require the alteration, modification or reconstruction of any existing structure or portion thereof presently in use for such purpose.
C.
Garbage and refuse containers shall not be stored
in the front yard of a dwelling or on the front porch on any day except
for a scheduled day for garbage and refuse pickup.
[Added 2-16-1999 by L.L. No. 1-1999]
The Superintendent of Public Works, a police
officer or such other person as may be designated by the Board of
Trustees is authorized and directed to enforce this chapter and to
cause collections to be made accordingly.
[Amended 9-1-2009 by L.L. No. 3-2009]
A.
Importation prohibited. Except as provided in this chapter or otherwise authorized by resolution of the Village Board of Trustees, no person shall place for collection, or cause to be placed for collection, any garbage, recyclable or nonrecyclable rubbish, construction debris or other waste material defined at § 161-1 hereof which has been generated outside of the Village.
B.
Relocation prohibited. Except as provided in this chapter or otherwise authorized by resolution of the Village Board of Trustees, no person shall place for collection, or cause to be placed for collection, any garbage, recyclable or non-recyclable rubbish, construction debris, or other waste material defined at § 161-1 hereof at the curbside of a property other than the property where the garbage, recyclable or nonrecyclable rubbish, construction debris, or other waste material defined at § 161-1 hereof has been generated.
C.
No person shall cart to, dump or deposit garbage, recyclable or nonrecyclable rubbish, construction debris or other waste material defined at § 161-1 hereof upon any property in the Village of Phoenix except under the authorization, supervision and direction of the Superintendent of Public Works or otherwise provided in this Chapter 161.
[Amended 2-16-1999 by L.L. No. 1-1999; 9-1-2009 by L.L. No.
3-2009; 9-6-2011 by L.L. No. 3-2011; 5-3-2016 by L.L. No. 3-2016]
The Village Board may, from time to time, by duly adopted resolution, designate, impose and modify such fees and charges as it deems reasonable and appropriate in relation to the collection and disposal of all solid waste, including residential solid waste and recyclables and such other items, substances and the like as described under § 161-1A, B and subsections thereof, and any other matter or issue arising under this Chapter 161, and including without limitation fees for the collection of curbside placed and dumpster enclosed recyclable and nonresidential solid waste, additional charges, special fees for bulk or volume pickups and/or for pickup of substances and items otherwise not permitted such as under § 161-1C, and specifically, the charges, fees and additional charges in the nature of a fine or penalty including for the expense of disposal of deceptively or erroneously placed items or substances otherwise prohibited or requiring payment of an additional fee. In connection with any special policies or programs established by the Village for monitoring and reporting exceedances of permitted limits or violations and appropriate fees and additional charges for same, the Village Board may contract with its hauler to so monitor and report same, and to induce accurate reporting, to provide for an equitable sharing of any such fees and additional charges in consideration of hauler providing such report or monitoring services to Village. After any such fees are imposed, the manner of implementation and collection shall be by further resolution of the Village Board or at the direction of its designee (e.g., Village Clerk, Code Enforcement Officer, DPW representative) not inconsistent with the terms of the original or any further resolution imposing or modifying such fees. The Village Board also, by resolution addressing same, may from time to time establish fees in connection with the issuance of the municipal hauler license and general administration of this chapter. All such fees, additional charges and hauler license, exemption and/or other fees and charges shall be paid by such person(s), entity or notice or invoice, as is subject to this Chapter 161 at the time of application or as otherwise provided by the Village Board by resolution. The Village Board shall establish and modify, from time to time, its fee schedule, copies of which shall be maintained at the office of the Village Clerk and placed, and updated, from time to time, in the Village Code as an appendix thereto.
[Amended 2-16-1999 by L.L. No. 1-1999; 5-21-2002 by L.L. No.
2-2002; 1-20-2004 by L.L. No. 1-2004; 9-1-2009 by L.L. No.
3-2009; 5-3-2016 by L.L. No. 3-2016]
A.
The Village Board of Trustees has specifically determined that the failure to abide by the provisions of this Chapter 161 is a public health and safety concern necessitating exercise of the Village police power. Accordingly, in the event of any efforts, action or proceeding commenced by the Village of Phoenix relative to the enforcement or violation of this chapter (including without limitation the correction or remedy of a violative condition, collection of fees and additional charges due Village under § 161-9), service by certified or registered mail return receipt requested upon the premises' owner and any other responsible person(s), at the last designated owner address, as shown on the Village of Phoenix or Town of Schroeppel assessment records, or otherwise at the premises' address, shall be deemed good and sufficient service and shall be legally sufficient in lieu of any requirement of service of process under the New York Civil Practice Law and Rules or Real Premises Actions and Proceedings Law. Upon such notice, and following an opportunity to be heard at a regular or special meeting of the Village Board of Trustees as advised of in such notice or any subsequent notice sent in the same manner (such hearing to be held not less than 15 nor more than 60 days from the posting date of such notice), the Village Board may resolve that it shall be reimbursed for all such fees and additional charges including without limitation the costs of all such fees, additional charges, corrective or cure efforts and of proper transport and disposal, plus 20% administration cost by assessment and levy upon the premises subject of same, and the expenses so assessed shall constitute a lien and a charge on the premises on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Village charges. It shall not be a defense to such assessment that the violation or claim for unpaid fees or additional charges were not as a result of the title owner not being specifically aware of nor having generated or produced such solid waste, items or substances or that other responsible person(s) (not have in title) may have been actually contractually or legally responsible for same or any other acts or omissions resulting in the accrual of fees and additional charges.
B.
Whenever the Village has ordered the payment of reimbursement for unpaid fees or additional charges hereinabove provided in § 161-10A by assessment and levy upon premises, the Village Clerk shall, upon Village Board approval and following invoice to the premises owner and to other responsible person(s) (if any), cause a notice of intent to levy such costs and expenses against said lots or parcels of land in a form approved by the Village Attorney, be recorded in the records of the Oswego County Clerk's Office in order that such notice shall be indexed against the said premises as notice to subsequent transferees or other acquiring any interest in said premises of the intention by the Village to assess and levy the amount of such expenses upon said lots or parcels of land. The foregoing notwithstanding, the failure of the Village Clerk to record such notice of intent to levy shall not, however, affect or impair the validity of any lien or assessment of such costs and expenses later imposed against such premises, the owner(s) thereof or any subsequent transferees or others acquiring any interest in such premises.
[Amended 2-16-1999 by L.L. No. 1-1999]
Any violation of this chapter shall be punishable
by a fine not to exceed $250 or imprisonment for up to 15 days, or
both such fine and imprisonment.
