[HISTORY: Adopted by the Town Board of the Town of Babylon 1-10-1995 by L.L. No. 1-1995[1]; amended in its entirety 8-6-2008 by L.L. No. 19-2008. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 23.
Solid waste management — See Ch. 133.
[1]
Editor's Note: This local law also repealed former Ch. 57, Sanitation Commission, adopted 5-25-1965 as part of L.L. No. 4-1965, as amended.
A. 
There shall be in the Town of Babylon a Sanitation Commission consisting of seven members and one secretary. Five of said members shall be voting members appointed by the Town Board and shall serve at the pleasure of the Town Board at such compensation as shall be fixed by the Town Board from time to time. One of the five shall be appointed by the Town Board to serve as Chairperson and shall serve in such capacity at the pleasure of the Town Board. The remaining two members shall serve ex officio and without compensation. The two ex officio members shall consist of the Commissioner of the Department of Environmental Control or his designee; the Assessor or his designee.
B. 
No act of the Commission shall be deemed to have become effective unless such action shall have been approved by at least three of the voting members.
The Commission, in addition to the duties prescribed by this chapter and any matter referred to it by resolution of the Town Board, may hear, address and adjudicate matters covered under Chapter 133 of the Town Code, including but not necessarily limited to the following:
A. 
The supervision of commercial garbage and rubbish collectors in the Town, including the licensing thereof.
B. 
The efficiency and reliability of garbage collectors in the quality and consistency of the service rendered by them to the inhabitants of the Town.
C. 
Maintenance of sanitary conditions on public and private premises in the Town.
D. 
To process applications for licenses hereunder and to require that such applications contain such information as the Commission may reasonably require to enable it to pass upon such applications and to properly administer this chapter, subject to the requirements of this chapter.
E. 
To require private collectors to file with the Commission a detailed account of the collection system used by them on any given commercial route, including the charges made to the customers for such collection.
F. 
To adopt such provisions with respect to the issuance of the licenses hereunder as will ensure or tend to ensure the orderly collection and disposal of solid waste, all garbage, rubbish, ashes, refuse and other wastes of any kind accumulated within the Town and to create and perpetuate healthful sanitary conditions throughout the Town. No provision shall be adopted, however, which shall have the effect of prohibiting the sale or transfer of all or any portion of the business of any licensee hereunder.
G. 
To hear such complaints from commercial waste generators or property owners regarding collection service by the commercial garbage district vendor and to advise the contract monitor of the appropriate remedy.
H. 
To adjudicate violations of Chapter 133 by licensees imposing fines, penalties and/or conditions, including the suspension or revocation of licensees and privileges under Chapter 133 of the Town Code and/or licensing.
I. 
To hear, address and adjudicate appeals from billing and charges issued pursuant to Chapter 133 of the Babylon Town Code and charges for the cleanup and/or maintenance of private properties by the Town of Babylon pursuant to Babylon Town Code, New York State and local law, for violations of the Babylon Town Code and/or conditions which affect the health, safety and welfare of the community. The Commission may sustain or overturn the billing and/or the charges, or any part or portion thereof.
J. 
The Commission shall have the power and authority to create, modify and establish the rules and procedures for appeals to the Commission, hearings regarding said appeals, licensing issues and the administration of solid waste in the residential and commercial district.
K. 
To hear, address and adjudicate appeals from licensing issues pursuant to Chapter 133 of the Babylon Town Code. The Commission may impose fines, penalties and/or conditions, including the suspension or revocation of licensees and privileges under Chapter 133 of the Town Code.
L. 
To set administrative fees and other charges incurred in addressing issues related to violations of Chapter 133 of the Babylon Town Code, cleanup and/or maintenance done by the Town of Babylon, violations of the Babylon Town Code and/or conditions which affect the health, safety and welfare of the community.
[Added 6-9-2014 by L.L. No. 6-2014]