[Adopted 3-28-1983 by L.L. No. 3-1983]
By adoption of this article, the Town Board
of the Town of Clifton Park declares its intent to regulate and control
the dumping, storing or placing of any kind of solid or liquid waste
material originating from inside or outside the boundaries of the
Town of Clifton Park or creating a dump or dumping ground for such
materials within said Town.
As used in this article, the following terms
shall have the meanings indicated:
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, incinerator residue, street cleaning debris,
dead animals, demolition and construction debris, tree stumps, tree
branches and other wood debris products, abandoned vehicles, offal,
agricultural, commercial and industrial wastes, hazardous and toxic
waste and wastes from domestic and municipal sewer systems and treatment
facilities, including sludge of any kind.
[Amended 7-9-1991 by L.L. No. 13-1991]
Except as provided in § 97-16, the dumping, storing or placing of any kind of solid or liquid waste material within the Town of Clifton Park which is picked up, brought or transported from inside or outside the Town of Clifton Park is hereby prohibited.
The creation and/or operation of sanitary landfills,
dumps or dumping grounds within the Town of Clifton Park for solid
or liquid waste materials coming from inside or outside the boundaries
of the Town of Clifton Park is prohibited.
This article shall not apply to any existing
or proposed municipal solid waste disposal facility established and
authorized by the Town of Clifton Park.
A.
A violation of this article is hereby declared to
be a violation, and any person, association, partnership or corporation
violating the same may, upon conviction, be penalized by a fine not
to exceed $500 or by a term of imprisonment not to exceed 15 days,
or by both such fine and imprisonment. Each day such violation shall
continue shall constitute a separate violation.
[Amended 9-21-1987 by L.L. No. 9-1987; 5-2-2005 by L.L. No. 4-2005]
B.
In addition to the above-provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name
of the Town in a court of competent jurisdiction to compel compliance
with, or to restrain by injunction the violation of, this article.
[Added 11-14-1983 by L.L. No. 8-1983; amended 5-2-2005 by L.L. No. 4-2005]
In addition to the foregoing, the Town Board
may proceed in the following manner:
A.
Investigation and report. When in its own opinion
or upon receipt of information that dumping, storing or placing of
solid or liquid waste material within the Town of Clifton Park has
occurred or is about to occur and is or may become dangerous or unsafe
to the general public and presents or may present any other danger
to the health, safety and general welfare of the public, the Town
Health Officer and/or such other person(s) designated by the Town
Board shall cause to be made or make an inspection and then report
in writing to the Town Board of his (their) findings and recommendations
in regard to the dumping of said waste material.
B.
Town Board order. The Town Board shall thereafter
consider such report and, by resolution, determine, if in its opinion
the report so warrants, that such waste material presents a danger
to the public welfare and shall order that the waste material be removed
and/or that the dumping site be made secure and inaccessible and shall
cause a notice thereof to be prepared and served as set forth below.
C.
Notice; contents. The notice shall contain the following:
(1)
A description of the premises.
(2)
A statement of the particulars in which such waste
material is dangerous.
(3)
An order outlining the manner in which the dump site
is to be made safe and secure and/or the waste material is to be removed.
(4)
A statement that such securing and/or removal shall
commence within 30 days of the service of the notice and shall be
completed within 60 days thereafter, unless the Town Board, for good
cause shown, and in its discretion, extends such time.
(5)
A date, time and place for a hearing before the Town
Board in relation thereto, which hearing shall be scheduled not less
than five business days from the date of service of the notice.
(6)
A statement that, in the event of neglect or refusal
to comply with the order to secure and/or remove, the Town Board is
authorized to provide for the securing of the site and/or the removal
of the waste material, to assess all expenses thereof against the
land on which it is located and to institute a special proceeding
to collect the costs of securing and/or removal, including but not
limited to legal, surveying, chemical, engineering and construction
expenses.
D.
Service of notice. Said notice shall be served:
(1)
By personal service of a copy thereof upon the owner,
as shown by the records of the receiver of taxes (or tax collector)
or of the County Clerk or, if no such person can be reasonably found,
by mailing such owner by registered mail a copy of such notice directed
to his last known address as shown by the above records;
(2)
By personal service of a copy of such notice upon
any adult person residing upon or occupying said premises if such
person can be reasonably found; and
(3)
By securely affixing a copy of such notice upon the
site.
E.
Filing of notice. A copy of the notice served as provided
herein shall be filed in the office of the County Clerk of the County
of Saratoga.
F.
Refusal to comply. In the event of the refusal or
neglect of the person so notified to comply with said order of the
Town Board and after the hearing, the Town Board shall provide securing
and/or removal either by Town employees or by contract.
G.
Assessment of expenses. All expenses incurred by the
Town in connection with the proceedings to secure and/or remove, including
the cost of actually securing and/or removing and all costs incidental
thereto, shall be assessed against the land on which or in which such
waste material is located and shall be levied and collected in the
same manner as provided in Article 15 of the Town Law for the levy
and collection of a special ad valorem levy.
[Added 11-14-1983 by L.L. No. 8-1983]
If the Town Board finds that there is present a clear and imminent danger to the life, safety or health of any person or property unless the securing and/or removal is immediately performed, the Town Board may, by resolution, authorize and direct the immediate securing and/or removal. The expense of such securing and/or removal shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 97-18.
