[HISTORY: Adopted by the Board of Trustees of the Village
of Woodridge 5-20-1996 by L.L.
No. 2-1996[1] (Ch. 123 of the 1992 Code). Amendments noted where applicable.]
The Village of Woodridge, New York, does hereby establish, maintain
and continue a Sanitation Department for the collection and disposition
of garbage, refuse, waste and recyclables in the Village of Woodridge
and its vicinity, as further set forth herein.
A.
The Board of Trustees of the Village of Woodridge, by resolution,
shall fix and adopt reasonable garbage collection rates, which shall
be paid by property owners as further set forth herein, at such times
and in such manner as the Board of Trustees may prescribe.[1] A minimum collection charge shall be fixed to be paid
by the owner of each building covered hereunder, which said charge
shall be posted on or before the first day of June of each and every
year. In the event of a failure to post said charge, the preceding
year's rates shall apply.
B.
All garbage collection services supplied to stores, tenants and apartments
shall be charged against the owners of the premises and shall be fixed
against and paid by the owner of each building covered hereunder.
C.
Annual bills shall be forwarded to each property owner covered hereunder
during the first week of June of each year. The bill shall reflect
the total annual charge. Unless paid within 30 days (the 30th day
shall constitute due date), a penalty will be assessed.
[Amended 5-16-2005 by L.L. No. 2-2005]
D.
Sanitation bills which are not paid on or before the due date shall
bear a penalty of 2% per month or 24% per annum, compounded monthly.
[Amended 5-16-2005 by L.L. No. 2-2005; 10-3-2011 by L.L. No. 4-2011]
E.
All properties within the Village of Woodridge, whether used for
commercial (including single-owner seasonal properties with more than
one dwelling), educational or religious purposes, unable to be used
as year-round residences due to the fact that their water lines are
not buried below the frost line, will not have their garbage and recyclables
collected or picked up by the Village of Woodridge Sanitation Department,
nor shall said property owners he required to pay the garbage collection
rate established herein. Said property owners shall be responsible
for the proper collection and removal of garbage and recyclables from
their properties. Nothing contained herein shall prohibit the Village
of Woodridge and the property owners covered by this provision from
contracting for the collection and removal of garbage and recyclables
at such time and for rates mutually acceptable to the Village of Woodridge
and the property owner.
[Amended 5-16-2005 by L.L. No. 2-2005]
F.
Until such time as the Village of Woodridge has obtained appropriate
equipment for the pickup and disposal of compacted waste, the Village
of Woodridge reserves the right to not pick up garbage from properties
serviced by a garbage compactor device, nor shall said property owners
be required to pay the garbage collection rates established herein.
[Amended 5-16-2005 by L.L. No. 2-2005[2]]
[2]
Editor's Note: This local law also provided for the renumbering
of former Subsection F as Subsection G.
G.
The Board of Trustees shall establish five rates:
[Amended 5-27-1997 by L.L. No. 3-1997; 5-16-2005 by L.L. No. 2-2005; 4-17-2006 by L.L. No. 1-2006]
(1)
Curbside rate, covering individual residential units using two or
fewer receptacles.
(2)
Curbside rate, covering individual residential units requiring more
than two receptacles.
(3)
Small commercial rate, including professional offices (doctors, lawyers,
dentists, engineers, accountants, architects, etc.) and other small
businesses producing fewer than six receptacles each week.
(4)
Residential dumpster rate, covering multiple residential units of
four or more units where garbage is collected in a centralized area
owned and maintained by the housing complex.
(5)
Commercial dumpster rate, which includes all businesses producing
more than 1 1/2 cubic yards of garbage per week which shall require
a dumpster.
The aforesaid garbage collection rates shall constitute a lien
upon the real property serviced, and such lien shall be prior and
superior to every other lien or claim, except a lien of an existing
tax, water rent or local assessment. If such amount remains unpaid
on the first day of July of the next succeeding year, the Village
Clerk-Treasurer shall certify the amount due and payable to the Board
of Trustees, which shall levy the same as taxes and add such unpaid
garbage bills and penalties to the succeeding tax roll of the Village.
Such tax shall be collected and enforced in the same manner and at
the same time as provided for the collection and enforcement of Village
taxes.
[Amended 11-18-2002 by L.L. No. 1-2002; 4-17-2006 by L.L. No. 1-2006]
A.
All garbage, rubbish and refuse to be collected for three or less
residential units or small commercial businesses, as further defined
herein, shall be placed in water-tight receptacles having suitable
handles and tight-fitting covers. Receptacles shall have a capacity
of not less than 10 gallons or over 35 gallons and shall not exceed
40 pounds when full. If receptacles used do not meet the above specifications
or are deemed unsafe by the Village's Sanitation Department,
said receptacles must not be used or must be replaced by the owner
within seven days after notice by the Village's Sanitation Department.
B.
All multiple dwellings of four or more residential units and commercial
users, other than small commercial businesses as defined herein, must
have a one-and-one-half- or two-cubic-yard container (dumpster) for
each four apartments or part thereof. In multiple dwellings where
there are fewer than four residential units, a one-and-one-half- or
two-cubic-yard dumpster will be required if, in the judgment of Village's
Sanitation Department, the amount of garbage generated on a regular
basis warrants the use of said dumpster. These containers shall meet
with the specification of the Village at a location on the multiple-dwelling
unit's premises determined by the Sanitation Department.
C.
Nothing shall be placed in a dumpster or receptacle that does fit
completely within the container with the lid closed.
D.
In winter months, snow must be removed from around all garbage receptacles
or dumpsters in order for them to be used.
E.
No garbage receptacle or dumpster shall be stored in front of a business
or residence or visible from a public road unless stored in a properly
maintained garbage house or enclosure.
F.
All dumpsters shall be at all times kept in a place easily accessible
to private contractors as well as Village personnel and shall at all
times be kept clean, neat, leak-proof and rust-free and effectively
screened from public view on all sides. Enclosure walls shall be of
a height that effectively screens the dumpster from view. The enclosure
must be approved by the Building Inspector and shall be sized to ensure
garbage trucks can easily access the dumpster without damaging the
enclosure, with a minimum of two feet clearance on both sides. Dumpsters
and enclosures shall be outside any front yard, at least at least
25 feet from a public street or public right-of-way and no less than
15 feet from any other property line. Enclosure doors shall be in
good working condition and remain closed. Lessees of dumpsters shall
be responsible for notifying the company from whom they are leasing
said dumpster when they are in need of repair or if they have been
damaged. Cleaning up of spilled materials or garbage shall be the
responsibility of the owner or occupant of the property where the
dumpster is located.
[Amended 4-20-2015 by L.L. No. 5-2015]
G.
All dumpsters shall have good working lids, and lids shall be kept
closed at all times. The dumpster shall be sized to accept all garbage
and ensure against overflows. The Building Inspector may order the
use of a larger dumpster if there have been overflows.
[Added 4-20-2015 by L.L.
No. 5-2015]
H.
All dumpsters and other commercial, multifamily or bungalow colony
refuse containers must be enclosed on four sides. Three walls shall
consist of brick, block or other masonry material and/or stockade
wood fence set upon a concrete slab. The opening shall be fully enclosed
using chain link fence doors with neutral or earth-tone colored slats
as depicted in the photo below. Such containers shall be prohibited
within the front yard of any development and shall be located within
a designated service area to the rear or side of the commercial or
industrial establishment and out of view of public rights-of-way.
All refuse and waste storage containers shall be screened from adjoining
properties. Landscaping around the base of the walls that enclose
the trash container shall also be required. Multifamily and townhouse
developments exceeding 16 dwelling units shall be required to provide
trash compactors within centralized containers along with separate
recycling containers. Dumpster enclosures documented by the Building
Inspector as requiring extensive maintenance shall be fully updated
to comply with these standards.
[Added 4-20-2015 by L.L.
No. 5-2015]
I.
Upon notice from the Building or Sanitation Department that a dumpster
is in need of repair, maintenance or painting, the owner shall within
seven days after receipt of the notice comply therewith. Failure to
comply with the notice shall constitute a violation, and the dumpster
may not be used.
[Added 4-20-2015 by L.L.
No. 5-2015]
[Added 4-17-2006 by L.L.
No. 1-2006]
A.
Garbage collection dates will be determined by the Village Sanitation
Department for all sections of the Village. Any variation of dates
due to holidays shall be published in the official designated newspaper
and posted within the Village.
B.
Garbage receptacles shall be placed for collection at the curbside
in the morning of the designated date for collection and, following
collection, removed from the curbside on the scheduled day of collection
and stored out of public view.
A.
No person, firm or corporation shall cause or permit an accumulation
of garbage, rubbish or refuse about or upon the premises owned or
occupied or used by him or it so as to cause such accumulation to
be unsightly, unsanitary or hazardous to the property, life, health,
safety or welfare of the public.
B.
No person, firm or corporation shall throw, place or scatter any
garbage, rubbish or refuse over and upon any premises, street or alley,
public or private, either with or without the intent to later remove
or burn, or suffer to permit the accumulation of refuse on any premises
owned, occupied or controlled by any such person, firm or corporation
to become or remain offensive, unsanitary, unsightly or unsafe to
public health or tending to create a fire hazard.
C.
Garbage originating outside Village prohibited. No person shall bring
into, place in, or deposit in, or cause to be brought into, placed
in or deposited in, the Village any garbage, refuse, trash, recyclables,
paper, hazardous wastes or materials originating outside the Village
for the purpose of disposing of the same in the Village or for the
purpose of having the same collected by the Village or its agents
or contractors.
[Added 4-17-2006 by L.L.
No. 1-2006]
[Added 6-17-1996 by L.L.
No. 3-1996]
A.
The Village of Woodridge Sanitation Department shall establish a
location where Village residents, including commercial businesses
located within the Village of Woodridge, can dispose of used tires.
A.
A person observed by the Building Inspector to be in violation of
this chapter shall be given a written warning to correct the violation
and seven days to accomplish the correction. A person subsequently
convicted of violating the provisions of this chapter shall be guilty
of a violation which is punishable as follows:
[Amended 11-18-2002 by L.L. No. 1-2002; 4-17-2006 by L.L. No. 1-2006; 4-20-2015 by L.L. No. 5-2015]
B.
Time limit; performance of work by Village. If the owner, occupant
or tenant shall fail to comply with any of the foregoing sections
of this chapter upon seven days' written notice by the Village
Enforcement Officer, served personally on the owner occupant or tenant
of the affected premises or posted upon the affected premises and
mailed with proof of mailing to the owner's last known address
as shown on the rolls of the Town Assessor of the Town of Fallsburg,
the Village Code Enforcement Officer may remedy the violation, either
by independent contractor or Village employee, at the sole cost and
expense of the owner of the affected premises with administrative
charges added as hereinafter provided.
[Amended 4-20-2015 by L.L. No. 5-2015]
C.
Billing for expenses incurred; lien.
(1)
Upon completion of removal of garbage, refuse or rubbish by the Village,
the Village Code Enforcement Officer shall serve a bill upon the owner
of the premises by mailing a copy to the last known address of the
owner as shown on the records of the Town Assessor of the Town of
Fallsburg for the actual and necessary expenses incurred by the Village
in removing and disposing of such garbage, refuse or trash and otherwise
bringing the premises to the standards required by this chapter and
for an additional charge of 50% of such cost for administration and
supervision, together with the notice that, unless payment is received
in full within 30 days after the date of such bill, the same shall
be reported to the Village Board and the assessment will be levied
against the premises upon which the work was performed and that interest
shall run at 1 1/2% per month or 18% per annum from the date
of rendering of the bill until such charges are paid in any other
legal manner that it may choose.
(2)
Upon serving the notice, the unpaid charges shall constitute a lien
upon the affected premises. The Village Board may annually cause a
statement to be prepared setting forth the amount of each lien for
garbage, refuse or rubbish removal, the real property affected thereby
and the name to whom the property is assessed. Such statement shall
be represented to the Village Board on or before the date other assessments
are required to be presented to the Village Board by law. The Village
Board shall levy the amounts contained in said statement against the
real property liable at the same time and in the same manner as Village
taxes, and such amounts shall be set forth in a separate column in
the annual tax rolls. The amount so levied shall be collected and
enforced in the same manner and at the same time as may be provided
by law for the collection and enforcement of Village taxes.
D.
Notwithstanding the foregoing, whenever the Village Code Enforcement
Officer shall find a violation of this chapter exists which, in his
opinion, requires immediate action to abate a direct hazard or immediate
danger to the health, safety, morals or welfare of the occupants of
a building or of the public, he may order the immediate removal of
accumulated garbage, refuse or rubbish and, in case of noncompliance
or inability to notify the responsible person or persons therefor,
cause the removal of such garbage, refuse or trash forthwith. Expenses
incurred in the execution of such order shall be recovered in the
same manner as referred to in the foregoing subsection.