As used in this article, the following terms
shall have the meanings indicated:
A residence containing five or more dwelling units, whether
located within the same unified structure or constituting separate
dwelling units upon the parcel of land.
Organic waste of meat, bones, fish, fruit, vegetables or
any animal or vegetable matter, including tin cans that have contained
food material.
Includes machines, furniture and large appliances.
Any property improved for use or purposes other than for
a single-family residence, apartment building, or multiple residence.
Construction and demolition debris is uncontaminated solid
waste resulting from the construction, remodeling, repair and demolition
of utilities, structures and roads; and uncontaminated solid waste
resulting from land clearing. Such waste includes, but is not limited
to: bricks, concrete and other masonry materials; soil and rock; wood
(including painted, treated and coated wood and wood products); land-clearing
debris; wall coverings, plaster, drywall, plumbing fixtures, nonasbestos
insulation; roofing shingles and other roof coverings; asphaltic pavement;
glass; plastics that are not sealed in a manner that conceals other
wastes; empty buckets 10 gallons or less in size and having no more
than one inch of residue remaining on the bottom; and electrical wiring
and components containing no hazardous liquids, and pipe and metals
that are incidental to any of the above.
All materials or substances discarded or rejected as being
spent, useless, worthless, or in excess to the owner(s) at the time
of such discard or rejection, including but not limited to, all putrescible
and nonputrescible waste (except sewage and body wastes).
A residence containing two, three or four dwelling units
located on the same parcel of land, whether located within the same
unified structure or constituting separate dwelling units upon the
parcel of land.
As defined by § 171-3 of the Code of the County
of Sullivan, as same may be amended from time to time or replaced
with a different definition elsewhere in the Code of the County of
Sullivan.
A residence containing one dwelling unit.
Grass clippings, leaves, cuttings from shrubs, hedges and
trees, including tree and brush stumps.
A.
Subject to property owners which must use a dumpster as required below and Subsection G below, all materials to be collected shall be placed in watertight clear plastic trash bags which shall be placed in watertight receptacles having suitable handles and covers. Receptacles shall have a capacity of not less than 10 gallons or over 35 gallons. If receptacles used do not meet the above specifications or are deemed unsafe by the Village's Sanitation Department, said receptacle(s) must not be used or must be replaced by the owner within seven days after notice by the Village's Sanitation Department.
B.
No person or entity which is required to use a dumpster
shall use a dumpster smaller than 1 1/2 cubic yards in capacity
nor larger than two cubic yards in capacity. Said dumpster shall be
located and maintained by the property owner in accordance with specifications
adopted by the Village Board by resolution, and shall not be located
or maintained on the sidewalk or blacktop.
C.
All apartment buildings must have a 1 1/2- or two-cubic-yard
dumpster. In multiple residences, a 1 1/2 or two-cubic-yard dumpster
will be required if, in the reasonable judgment of the Village's Sanitation
Department, the amount of garbage generated on a regular basis warrants
use of said dumpster. All dumpsters and the use thereof shall be in
accordance with the specifications adopted by the Village Board by
resolution and shall be used for the disposal of garbage. These dumpsters
shall be placed on the property at a location directed by the Sanitation
Department. In the event that the Sanitation Department determines
that a multiple residence shall be required to have a dumpster, as
aforesaid, the Sanitation Department shall so advise the Village Clerk,
who shall send a written notice to the owner of such multiple residence,
at his, her or its address as set forth on the tax roll maintained
by the Village Treasurer, advising such property owner that a dumpster
shall be obtained and utilized for the disposal of garbage by said
property owner within 30 days of the date of said notice.
D.
All parcels of property containing any structures or uses other than a single-family residence or a multiple residence shall be required to utilize, for the disposal of garbage, a dumpster as described in § 35-2B, unless such structure use produces fewer than nine bags of garbage (which bags must be in compliance with § 35-2A) or three receptacles (see § 35-2A) of garbage per pickup, which such amount of garbage shall be calculated based upon the amount disposed of per pickup, over the course of any one calendar month. In the event that the Village's Sanitation Department determines that any structure or use (including a single-family residence or a multiple residence) produces in excess of the foregoing amounts of garbage during any one calendar month, it shall so advise the Village Clerk, who shall send a written notice to the property owner, at his, her or its address as set forth in the tax roll maintained by the Village Treasurer, advising that a dumpster, as set forth in § 35-2B, shall be required to be obtained and utilized by said property owner for the disposal of garbage within 30 days from the date of said notice. In such, the Village Treasurer shall provide to such property owner, on the next Village tax bill issued to such property owner, a pro-rata sanitation fee charge based upon such the use of a dumpster, which shall be calculated based upon the annual fee set by the Village Board for use of a dumpster for the property owner and the number of days left in the Village's fiscal year during which the property owner shall be required to utilize such dumpster.
E.
Upon notice from the Sanitation Department that a
dumpster is in need of repair, maintenance or painting, or that a
dumpster pad is in need of repair or maintenance, 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
or dumpster pad, as applicable, may not be used until there is full
compliance with the notice. Notice shall be given by the Sanitation
Department to the owner in writing by: (i) personal delivery; or (ii)
certified mail, return receipt requested, and ordinary mail.
F.
In winter months, snow must be removed from around
all garbage containers (receptacles or dumpsters) in order for them
to be used.
G.
Other than shredded paper, recyclables shall be placed in receptacles
for pickup but shall not be placed in plastic bags (clear or otherwise).
Cardboard boxes shall be broken down and flattened; if more than one
cardboard box is being placed for pickup at any one time, the cardboard
boxes should be bundled and tied together with string or twine. Shredded
paper shall be placed in watertight clear plastic bags and placed
in a receptacle.
A.
The following are not collectible:
(1)
Construction
and demolition debris;
(2)
Bulk
items;
(3)
Sewage, human waste or animal waste (other than cat waste when mixed in with cat litter as permitted by § 35-4A below or dog waste when placed in a separate plastic bag);
(4)
Yard
waste;
(5)
Dirt,
stones or garden rakings;
(6)
Used
motor oil and soot from furnaces, fireplaces, woodstoves and pellet
stoves; and
(7)
Any
garbage, solid waste or item which is prohibited from being collected
or which is prohibited from being deposited at the Sullivan County
landfill or any Sullivan County transfer station by any provision
of the Code of the County of Sullivan, as same be amended from time
to time.
B.
All materials to be collected under this chapter shall
be placed at curbside or, if being deposited into dumpster as required
by this chapter, at a location approved by the Village's Sanitation
Department. Upon emptying the receptacles, it will be returned by
the collector to the location from which they were taken. Collectors
will not be required to enter the premises where there is an unleashed
dog or to set out material to which a path through the snow has not
been shoveled.
C.
Frequency of garbage pickup.
(1)
Other
than when the Village has determined that additional or fewer pickups
are required as otherwise provided in this chapter, garbage will be
picked up once per week per single-family residence, multifamily residence
and apartment building and twice per week per commercial building.
(2)
In the
event that any property owner desires garbage picked up less than
is currently being picked up, the property owner shall make application
to the Village Board by letter setting forth the reasons why a reduced
garbage pickup to once per week is desired. The Village Board shall
review such application and, in connection therewith, may communicate
with the Village of Liberty Sanitation Department and/or any other
employee or agent of the Village of Liberty in order to obtain information
and determine whether such application should be granted. In the event
that such application is granted, the Village Treasurer shall provide
to such property owner, on the next Village tax bill issued to such
property owner, a pro-rata sanitation fee credit based upon such decreased
pickup, which shall be calculated based upon the annual fee set by
the Village Board for garbage pickup for the number of times per week
for which the garbage pickup has been reduced and the number of days
left in the Village's fiscal year during which the property owner
shall receive the reduced garbage pickup.
(3)
In the
event that any property owner desires an increase in garbage pickup
to more than is currently being picked up, the property owner shall
make application to the Village Board by letter setting forth the
reasons why an increase in garbage pickup is desired. The Village
Board shall review such application and, in connection therewith,
may communicate with the Village of Liberty Sanitation Department
and/or any other employee or agent of the Village of Liberty in order
to obtain information and determine whether such application should
be granted. In the event that such application is granted, the Village
Treasurer shall provide to such property owner, on the next Village
tax bill issued to such property owner, a pro-rata sanitation fee
charge based upon such increased pickup, which shall be calculated
based upon the annual fee set by the Village Board for the number
of times per week for which the garbage pickup has been increased
and the number of days left in the Village's fiscal year during which
the property owner shall receive the increased garbage pickup. Such
pro rata sanitation fee charge shall be in addition to the annual
sanitation fee due on such next Village tax bill.
(4)
If the
Village's Sanitation Department notifies the Village Board that any
property owner should receive garbage pickup more times per week than
is currently receiving based upon the amount of garbage which the
Sanitation Department has been picking up from such property owner,
the Village Board shall provide a copy of such notification from the
Sanitation Department to the property owner by certified mail, return
receipt requested, and first-class mail to the property owner's address
as shown on the last tax roll of the Village of Liberty (or, if the
Village of Liberty has been provided in writing by such property owner
with another address of such property owner, to such address), upon
which such property owner shall have two weeks from his, her or its
receipt of such notification to provide a written response agreeing
or objecting to such request that garbage pickup be increased as determined
by the Village. Upon the receipt of such written response by the property
owner or no less than two weeks after the property owner has received
the notification, whichever first occurs, the Village Board shall
make a determination as to whether garbage pickup for such property
owner shall be so increased. In the event the Village Board determines
to increase the garbage pickup to such property owner, the Village
Treasurer shall provide to such property owner, on the next Village
tax bill issued to such property owner, a pro-rata sanitation fee
charge based upon such increased pickup, which shall be calculated
based upon the annual fee set by the Village Board for the number
of times per week for which the garbage pickup has been increased
and the number of days left in the Village's fiscal year during which
the property owner shall receive the increased garbage pickup. Such
pro rata sanitation fee charge shall be in addition to the annual
sanitation fee due on such next Village tax bill.
Collection rules for single-family residences,
apartment buildings and multiple residences shall be as follows:
Collection rules for commercial buildings shall
be as follows:
A.
Garbage receptacles and dumpsters shall have tight-fitting
covers.
B.
In the Village's Downtown Commercial Core Zoning District,
all garbage receptacles and dumpsters shall be placed at the rear
of the building or at an alternate location approved by Village Sanitation
Department due to space constraints for pickup. No garbage receptacles
or dumpsters shall be placed at the curb in such district, except
for businesses that do not have access to the rear of the building.
In those cases, garbage shall not be set out on the curb sooner than
6:00 p.m. the night before pickup.
C.
In the Village's Downtown Commercial Core Zoning District,
no garbage shall be set out for pickup between Friday afternoon at
12:00 noon and Sunday night at 6:00 p.m.
No person or entity shall cause or permit an accumulation of garbage or any item referenced in § 35-3A about or upon the premises owned, occupied by him, her or it. For purposes of this § 35-6, an "accumulation" shall be any garbage or any item referenced in § 35-3A which is (a) not completely contained in a receptacle or dumpster with a closed, tight -fitting cover or (b) is above the top of any receptacle or dumpster. In addition to the foregoing, no person or entity may store or place outside on his, her or its parcel of land any garbage which is not placed outside temporarily solely for pickup by the Village Sanitation Department as otherwise permitted by this chapter or any item referenced in § 35-3A which is not being placed outside temporarily for pickup (which shall not be for more than 12 consecutive hours) by a private hauler.
A.
No person or entity shall deposit any garbage or item referenced in § 35-3A upon any property (public or private) within the Village of Liberty; only garbage created or generated in the Village of Liberty may be deposited into a garbage receptacle or dumpster, and solely as otherwise permitted by this chapter; and no person or entity shall deposit any garbage into any receptacle or dumpster other than one which the owner of the building (in which the person or entity resides or leases space) has provided for the deposit of garbage and for which such owner is required to pay the required sanitation user fee as provided for in Article IV of this chapter (including but not limited to if the owner has opted out of having the Village pick up and dispose of its garbage and is paying the sanitation user fee required therefor). Notwithstanding anything in this Chapter 35 to the contrary, no person or entity shall bring any garbage or item referenced in § 35-3A into the Village of Liberty and deposit same into any garbage receptacle or dumpster for pickup by the Village of Liberty.
[Amended 2-16-2023 by L.L. No. 1-2023]
B.
No person or entity shall throw, place or scatter any garbage or any item referenced in § 35-3A over and/or upon any premises, parcel of land, street or alley, either public or private, and either with or without the intent to later remove, nor suffer or permit the accumulate of garbage on any premises owned, occupied or controlled by any such person or entity to become or remain offensive, unsanitary, unsightly or unsafe to public health or tend to create a fire hazard.
The Village will follow Chapter 171 of the Code
of the County of Sullivan, as same may be amended or replaced from
time to time, for garbage and recycling pick-up.
It shall be the responsibility of the owner, the operator and the occupant (which shall include any lessee, sublessee, licensee or sublicensee) of any real property, building, structure, facility or seasonal establishment in the Village of Liberty to comply fully with this Chapter 35, including but not limited to those seasonal establishments upon the cessation of all activities whether seasonal or otherwise.
No dwelling, building, structure or other establishment (commercial or otherwise) which is not open and occupied for at least 150 consecutive days in any calendar year (a "seasonal establishment" or "seasonal residence") shall leave any garbage or any item referenced in § 35-3A outside of a closed and secured structure, other than for pickup by the Village's Sanitation Department and solely to the extent permitted by this chapter. No such garbage or any item referenced in § 35-3A shall be left outside of a closed and secured structure for more than 48 hours after the seasonal establishment or seasonal dwelling is closed and unoccupied for the season.
