[HISTORY: Adopted by the Board of Trustees
of the Village of Massena as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds; dumping — See Ch. 110.
[Adopted 4-30-1986 by L.L. No. 4-1986; amended in its entirety 4-17-2018 by L.L. No. 6-2018]
For the purpose of this article, the following words and phrases
shall have the meanings ascribed to them in this section:
The residue from the burning of wood, coal, coke or other
combustible materials.
Large items of waste material, such as appliances, furniture,
and auto parts.
Any private business operation generating not more than six
thirty-two-gallon containers per week and each container not weighing
any more than 50 pounds.
Metal or plastic cans or plastic bags (minimum 1.5 mil thickness);
each container shall hold a maximum of 34 gallons and not weigh more
than 40 pounds.
[Amended 9-17-2019 by L.L. No. 2-2019]
The refuse collection and disposal department of the Incorporated
Village of Massena.
One family unit living independent of any other.
Animal, vegetable, fruit or similar organic wastes liable
to become putrid, including wastes resulting from the handling, preparation,
cooking or storage of foods.
Catalogs, junk mail, NCR paper, envelopes, file cards and
folders, glossy newspaper inserts, magazines, computer printouts and
nonmetallic wrapping paper, kept dry and clean.
Rags, sweepings, rubber, leather, crockery, shells, clothing,
dirt, ashes, wastewater, light bulbs, batteries, dishes, mirrors and
similar waste material,
Land, buildings or other structures, vehicles, watercraft
or parts thereof upon or in which refuse is stored.
Clean metal food containers, clean glass bottles (caps removed),
dry newspaper, dry mixed papers and plastic containers [SPI coding
system No. 1, PET (polyethylene terephthalate), No. 2, HDPE (high-density
polyethylene), No. 3, PVC (polyvinyl chloride), No. 4, LDPE or PE-LD
(low-density polyethylene), No. 5, PP (polypropylene), No. 6, PS (polystyrene),
and No. 7, OTHER or D (other plastics, such as acrylic, nylon, polycarbonate,
and polylactic acid, and multilayer combinates of different plastics)].
All solid wastes, including garbage and yard waste, but not
including human wastes.
Refuse resulting from the collection and disposal of natural
items indigenous to the exterior portions or yards of residential
premises, such as branches, tree trimmings, hedge clippings, grass
cuttings, leaves and other such natural material.
There is hereby created a Department of Public Works which shall
be under the supervision and control of the Superintendent of Public
Works. The Superintendent of Public Works shall have the responsibility
for the operation and for the collection and disposal of refuse by
the Department of Public Works. The Superintendent of Public Works
is hereby empowered to make and publish regulations implementing this
article concerning such matters as the days for the collection of
garbage and rubbish, the location of refuse containers and all other
matters relating to the storage, collection and disposal of refuse
which he deems advisable, provided that such regulations are not contrary
to the provisions of this article.
A.
No person shall place, deposit or store any refuse on or in any street,
highway, avenue, drain, ditch, watercourse or body of water or other
public place within the Incorporated Village of Massena except in
containers for such purpose by the Superintendent of Public Works,
and in no event upon the premises of another except with the consent
of the owner or occupant thereof.
B.
Any person responsible for refuse on premises not served by the Department
of Public Works or for refuse not acceptable for collection by the
Department of Public Works shall make suitable arrangements for the
collection and disposal of such refuse.
C.
In the event of a violation of any of the provisions of this section
which shall, in the opinion of the Code Enforcement Officer or the
Superintendent of Public Works, be a hazard to the health, safety
or well-being of the community, a notice directed to the owner or
occupant of the premises upon which such violation occurs may be served,
either personally or by posting the same on said premises, directing
the removal of all material upon the premises in violation of this
section within 24 hours. In the event that such material is not removed
within 24 hours from the date of service or posting of said notice,
the Village Department of Public Works may enter upon the premises,
remove said material and charge the entire cost of said removal against
the premises.
D.
Notwithstanding anything contained in this article to the contrary,
the occupants of residential and commercial premises served by the
Department of Public Works shall place or cause to be placed at the
street or curbline of their premises yard waste, garbage and recyclable
refuse originating on said premises, subject to the following rules
and regulations:
(2)
Public works shall collect branches, tree trimming and hedge clippings
during the months of April, May, September and October When a special
event occurs impacting a number of properties, at the discretion of
the Superintendent of Public Works, additional collections may occur.
All branches, tree trimmings and hedge clippings shall be cut into
lengths no greater than 10 feet with the butt end placed towards the
road. The largest diameter of limb allowed shall be no larger than
eight inches. The amount of brush to be placed at curbside for DPW
collection shall not exceed eight cubic yards, loose. No branches,
tree limbs and hedges removed by a commercial business shall be placed
at curbside for collection by DPW. Root balls shall be removed from
all brush and hedges and disposed of by owner.
(3)
No more than five thirty-four-gallon containers of garbage, waste
or recycle shall be placed out for collection at any one time. No
item or container shall weigh more than 40 pounds.
[Amended 9-17-2019 by L.L. No. 2-2019]
(4)
Litter baskets provided by the Village are to be used for deposit
of litter generated on the public right-of-way by pedestrians and
motorists. The placing into litter baskets of refuse originating from
homes, commercial or industrial establishments is prohibited.
No household waste, commercial waste or building waste shall
be stored or accumulated on any premises within the Village except
as permitted by this article. Refuse may not be placed or stored in
the street or gutters. Refuse may not be stored on sidewalks, rights-of-way
or in any public place except as directed herein or by the Superintendent
of Public Works.
Refuse containers shall be maintained free from excessive odor
and in clean and good condition by the owner thereof. In the event
that a container on premises served by the Department of Public Works
becomes dangerous or is liable to injure or hinder the person collecting
the contents thereof, said container shall be replaced by the owner
thereof with a proper and safe container within one week after the
receipt of a written notice from the Superintendent of Public Works.
A.
The Department of Public Works shall collect and dispose of all refuse
acceptable for collection from all single-family and multifamily dwellings
occupied exclusively for residential purposes by not more than five
families living independently of each other. Every owner or occupant
of such premises is hereby required to make use of the refuse collection
and disposal system provided by the Incorporated Village of Massena.
B.
The Department of Public Works may also collect from business so
long as items are placed in approved containers.
C.
All refuse for collection shall be placed in clear plastic bags to
allow full view of contents. Refuse in tinted or other bags will not
be collected, and a violation notice shall be applied stating the
reason for the violation. Refuse not collected shall be retrieved
(within 12 hours) by the owner/occupant and disposed of properly.
Refuse not retrieved within 12 hours will be collected by the DPW,
and the owner/occupant will be charged an additional fee for collection.
The amount shall include but not be limited to labor, equipment, and
tip fees.
D.
In all cases where the Village has performed and provided a service,
an administrative charge (8.0%) of the aggregate bill amount shall
be added to the total.
The following refuse shall not be considered acceptable by the
Department of Public Works during regular weekly collection:
A.
Materials resulting from the repair, construction, alteration or
excavation of buildings or structures, streets or sidewalks, such
as earth, plaster, mortar, concrete, bricks, lath and roofing materials.
B.
Dangerous materials or substances, such as poisons, acids, caustics,
infected materials, explosives, ashes, medical waste, hazardous waste
and household sharps (including needles, syringes and lancets).
C.
Materials which have not been prepared in accordance with the provisions
of this article.
D.
Solid wastes resulting from industrial processes.
E.
Large items such as furniture, rugs, mattresses and appliances.
F.
Raw garbage, such as food scraps, not wrapped or not placed in a
container, such as a plastic bag.
G.
Should the Village of Massena remove the unacceptable refuse (up
to 1,000 pounds), after giving proper notification to owner of the
property, there shall be a minimum charge of $200 assessed to said
owner(s). Additionally, charges shall be assessed as the weight exceeds
1,000 pounds.
A.
All refuse shall be collected by the Department of Public Works according
to the following schedule:
B.
During the annual cleanup days designated by the Superintendent of
Public Works:
(1)
Village residents will take their bulky waste to the local transfer
station. The resident shall provide two proofs of Village residency
(photo ID and utility bill of property or approved equal to prove
residency).
(2)
The resident shall separate trash, metal, electronics, fabric and
tires (four maximum) as directed by the Superintendent. Construction
debris such as, but not limited to, toilets, sinks, wood, sheetrock,
etc. will not be approved or accepted, no exception.
(3)
No commercial dumping. Residents shall be allowed to unload a maximum
of 1/2 ton (defined as a pickup truck load) of debris one time, only,
Multiunit complexes within the Village of Massena utilizing Village
refuse service shall be allowed to dump 1/2 ton maximum of debris
per unit.
(4)
Debris shall not be placed along curbside in the Village or be visible
to the public.
(5)
Once the end date of the scheduled cleanup date has expired, no other
trash/debris shall be allowed to be unloaded as part of the program.
A.
The charge for the collection and disposal of refuse by the Department
of Public Works shall be according to the following schedule:
[Amended 2-13-2023 by L.L. No. 2-2023[1]]
|
Type of Dwelling
|
Monthly Charge
|
Bimonthly Charge
|
Quarterly Charge
|
|---|---|---|---|
|
Each family unit
|
$25
|
$50
|
$75
|
|
Commercial unit
|
$25
|
$50
|
$75
|
[1]
Editor's Note: This local law provided an effective date of
3-15-2023.
B.
Refuse service charges shall be due and payable monthly, bimonthly
(every two months), or quarterly at the same time water and sewer
charges are payable, regardless of the occupancy of the premises.
C.
The charge for any premises within the scope of this article for
which a certificate of occupancy is issued after the effective date
of this article shall be prorated for the period commencing from the
first day of the month following the issuance of the certificate of
occupancy to the last day of the following May.
D.
Refuse service charges shall be billed to the owners of the premises
and shall be payable at the collections office.
E.
The Superintendent may negotiate rates and services for commercial
and public agencies within the Village, provided that such rates shall
in all instances cover at a minimum the incremental full costs of
providing said service,
A.
In the event that the owner has discontinued the use of Village water,
then the refuse service charge shall automatically terminate.
B.
Owners of single-family houses may have garbage service temporarily
discontinued for a minimum of two months and maximum of four months
by applying, in writing, for discontinuance of such service. Application
must be filed with the Water Billing Department at least two weeks
prior to the discontinuance date and must include the date of resumption.
One request per twelve-month period will be accepted. The intent of
this subsection is to recognize the fact that residents may be away
from their home during portions of the year.
A.
In the event that the refuse service charge bill is not paid in full,
a penalty equal to 10% of the most recent bill shall be added to the
bill. Said penalty of 10% shall go into effect the 11th day of the
month following the date of the bill. However, if payment is made
by mail, payment shall be presumed timely if the envelope containing
said payment Is postmarked before the closing of the 10th day of the
month following the date of the bill.
B.
If payment is made by use of the Village night deposit box, payment
shall be presumed timely if the payment is removed by 8:00 a.m. the
morning after the due date of the bill. It is then backdated one business
day and posted with such date.
All refuse service charges, penalties and interest thereon shall
be a lien upon the real property benefited by the refuse collection
and disposal service from the date that the refuse service charge
is due and payable, and such lien shall be prior and superior to every
other lien or claim, except the lien of an existing tax or local assessment.
The Board of Trustees may certify to the Village Clerk the amount
of any such lien which has not been paid at the time and in the manner
prescribed by such Board, with a description of the real property
affected thereby, and the Board of Trustees may include such amount
in the annual tax levy and shall levy the same upon the real property
in default.
A.
Every vehicle used for collection and/or disposal of refuse shall
have an enclosed body or suitable provision for covering the body.
Provision and use of a tarpaulin or canvas to enclose the open body
of such a vehicle may be permitted when specifically approved by the
Superintendent of Public Works.
B.
Every vehicle used for the collection and/or disposal of garbage
or of refuse containing garbage shall have a watertight body and shall
be kept clean and sanitary and in good running order and shall have
the licensee's name plainly painted on each side in letters at least
four inches high.
C.
No vehicle used for the collection and/or disposal of refuse shall
be operated on any street, avenue or highway in the Incorporated Village
of Massena in an overloaded condition or in such a manner as to spill
the contents thereof onto the street, avenue or highway.
D.
The Superintendent of Public Works or any other person authorized
by the Board of Trustees shall make inspection of the vehicles used
for the collection and/or disposal of refuse whenever he deems necessary,
but in no event less than once every six months.
A.
No refuse shall be disposed of within the Incorporated Village of
Massena except at such place or places as may be permitted by the
Board of Trustees.
B.
No refuse collected from outside the Incorporated Village of Massena
shall be disposed at the place or places designated except with the
permission of the Board of Trustees.
A.
It shall be the responsibility of all the residents, any commercial
establishment and public entities using the Village collection service
to separate recyclables from all solid waste and place them out for
collection at the curb or walk.
B.
No person shall place any recyclable material at or near the curb,
sidewalk or street for purposes of collection by the Department unless
that person.
(1)
Separates recyclable material from any refuse or waste placed for
collection.
(2)
Places cans, bottles, dry mixed paper and crushed plastic containers
in a container separate from what is used for nonrecycle refuse. Said
container shall be within the guidelines set forth in the Village
code.
(3)
Cleans all glass bottles, jugs, jars and plastic containers. Paper
labels may be left on bottles.
(4)
Cleans all metal cans.
(5)
Removes caps from plastic containers.
C.
Recyclable material shall be newspapers, bottles, cans, mixed paper
and plastic containers. All paper must be dry.
D.
Ownership of recyclables set out for collection shall thereupon vest
with the Village. It shall be unlawful for a person to collect, remove
or dispose of recyclables which are the property of the Village.
E.
The property
owner shall furnish their own refuse and recycle container(s). Said
container(s) shall be no larger than 34 gallons and have a detachable
lid/cover. Containers should be clearly and visibly marked using stickers,
paint, permanent marker or other to reference the contents (i.e.,
"RECYCLE").
[Amended 5-18-2021 by L.L. No. 2-2021]
B.
Garbage/refuse that has been dropped off in the Village limits that
has been generated outside Village of Massena limits shall be collected
by said party placing or causing to have placed all material in addition
to the fine above. Failure to collect garbage/refuse within 24 hours
of notice will force the Village of Massena to collect said garbage/refuse,
and all charges incurred shall be borne by the parties placing or
causing to be placed said material.
