[HISTORY: Adopted by the Town Board of the Town of Union 12-1-2004 by L.L. No. 12-2004. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 83.
Dumps and dumping — See Ch. 174, Art. I.
For the purposes of this chapter, the following terms shall have the meanings indicated:
CONTAINER
A covered, metal or heavy-duty plastic pail or drum having not fewer than two handles and not exceeding 33 gallons or heavy-duty plastic bags of 1.3 mil. thickness.
DUMPSTER
A commercial garbage disposal container under contract with a commercial hauler for removal and cleaning at regular intervals.
GARBAGE
All waste vegetable, animal or other matter, liquid or solid, likely to ferment or decompose and produce noxious odors or become injurious to the public health.
REFUSE
Trash and litter, whether or not combustible, consisting of, but not limited to, paper and paper products, wood and wood products, metal products, plastic and plastic products, glass and glass products, ashes, dust and dirt, rock, concrete and other mineral waste, sweepings, grass, leaves and yard trimmings or any and all other discarded objects and materials; provided, however, that refuse shall not include earth and wastes from building operations, nor shall it include solid wastes resulting from industrial processes and manufacturing operations.
RUBBISH
Includes ordinary household or store trash of flammable character, such as barrels, cartons, boxes, crates, furniture, rugs, clothing, rags, mattresses, and blankets.
RECYCLABLE MATERIAL
Any material so designated in regulations adopted by the Town or the County from time to time, generally limited to materials which can be processed and reused for the original or different purpose.
TOWN OF UNION
All lots or tracts or land in the Town of Union, outside the incorporated Villages of Johnson City and Endicott.
A. 
Adherence to regulations; contact information for property owners and tenants.
(1) 
No person, firm or corporation shall place, cause or permit to be placed or discard in any place within the Town of Union, whether private or public, any garbage, rubbish, refuse or recyclables, except as provided by this chapter.
(2) 
Every property owner of apartments, stores or other businesses that are in the exclusive possession of a tenant, an agent or a manager shall maintain on file with the Building Official a current mailing address, current cellular phone number and a current email address for the owner and also for the tenant, agent and/or manager in exclusive possession of such apartments, stores or other businesses.
[Added 3-18-2009 by L.L. No. 4-2009]
B. 
No garbage, rubbish, refuse or recyclables shall be placed in any manner within the Town except stored in a securely closed container or securely closed dumpster.
C. 
Garbage, rubbish, refuse or recyclables stored in a securely closed container or in a securely closed dumpster may not be stored on any property within the Town of Union for a time period in excess of seven consecutive days.
D. 
No garbage, rubbish, refuse or recyclables shall he stored within the Town of Union which shall produce a noxious or foul odor.
E. 
If evidentiary proof of the name or address of any individual is found among garbage, rubbish, refuse or recyclables illegally placed within the Town of Union, such evidence shall create the presumption that the aforesaid individual perpetrated and is responsible for the improper disposal or storage of the garbage, rubbish, refuse or recyclables.
F. 
The owner of any real property within the Town of Union upon which garbage, rubbish, refuse or recyclables are placed, discarded or stored in violation of this chapter shall be guilty of the respective violations of this chapter regardless of whether the property owner improperly placed, discarded or stored the garbage, rubbish, refuse or recyclables. This provision shall also apply to garbage, rubbish, refuse or recyclables placed, discarded, stored or located at or in apartments, stores or other areas of the property within the exclusive control of a tenant, an agent, or a manager of the property owner if the property owner fails to complete corrective measures within four hours of receipt of notification of any such violations as provided in § 130-6C(3), within eight hours of receipt of notification of any such violations as provided in § 130-6C(1), and within 120 hours of receipt of notification of any such violations as provided in § 130-6C(2).
[Amended 6-6-2007 by L.L. No. 4-2007; 3-18-2009 by L.L. No. 4-2009]
A. 
Garbage, rubbish, and refuse shall be placed in a container for collection approved by the Department of Public Works, Division of Refuse and Recycling.
B. 
Recycled items containing no garbage may be placed for collection as such in designated containers approved by the Department of Public Works, Division of Refuse and Recycling.
C. 
In no event shall the combined weight of a container and its contents exceed 50 pounds.
D. 
Containers shall be kept and maintained by their owners in suitable condition to permit safe handling by the collector.
E. 
No garbage, rubbish, refuse or recyclables will be collected from undeveloped parcels or uninhabited or vacant structures.
A. 
No person, firm or corporation shall place or fill or cause or permit to he placed or filled any container or refuse bundle in such manner that such container or bundle shall rupture, overflow, spill or scatter any part of its contents.
B. 
Any spillage or scattering of garbage, rubbish, refuse or recyclables out of a container or bundle, caused by any means other than the fault or neglect of the collector, shall be collected up by the person who set out such container or bundle and lawfully disposed of by him.
[Amended 4-3-2019 by L.L. No. 5-2019]
A. 
Containers of garbage, rubbish, refuse and/or recyclable containers shall be set out for collection by the occupant of premises contiguous to the curbline of the street in front of such premises. Only one pickup location per property or per premises is permitted.
B. 
Such containers and bundles shall be set out not earlier than 2:00 p.m. of the day preceding, nor later than 6:00 a.m. of collection day. Emptied containers shall be removed from the curbline no later than 8:00 p.m. of collection day.
C. 
Other than when placed at the curb for collection in accordance with the preceding provision, all refuse, rubbish, garbage, and recyclable cans and containers shall be kept reasonably out of view from the street or roadway and shall not be stored in the front yard nor on the front porch, stoop, walkway or entrance of any building or structure.
[Added 4-3-2019 by L.L. No. 5-2019]
Neither garbage, rubbish, nor yard waste shall be placed in receptacles which are in a filthy, leaky or defective condition.
[Added 4-3-2019 by L.L. No. 5-2019]
Neither garbage nor rubbish shall be placed or allowed to be together in the same receptacle, as yard waste, trash or recyclables.
[Added 4-3-2019 by L.L. No. 5-2019]
All garbage shall be thoroughly drained of moisture and wrapped in paper before being deposited in a garbage receptacle.
[Amended 6-6-2007 by L.L. No. 4-2007; 3-18-2009 by L.L. No. 4-2009; 4-3-2019 by L.L. No. 5-2019]
A. 
Whenever the owner or occupant of any premises, lot or parcel of land shall fail to remove garbage, rubbish, trash or recyclables from said land, it shall be the right and authority of the Commissioner of Public Works, Deputy Commissioner of Public Works for Environmental Services or their designees or Code Enforcement Officer to order or to have the same removed by municipal employees or private contractors, and the expense thereof shall be an invoice for all expenses incurred and shall be sent to the property owner. Any invoice which is not paid within 30 days shall be deemed delinquent, and an additional fee of 12% will be added and collected. After October 31 of each year, all unpaid invoices will be added to the Town property taxes for the delinquent property.
B. 
Filing of statement of costs. Before such charge or assessment shall be made, however, the Commissioner of Public Works, Deputy Commissioner of Public Works for Environmental Services or their designees or Code Enforcement Officer shall file with the Town Clerk a copy of the invoice containing a detailed statement of the costs and expenses incurred.
[Added 4-3-2019 by L.L. No. 5-2019]
Any accumulation of garbage, rubbish, trash, recyclables or yard waste, in excess of ordinary accumulation associated with the land use thereof, resulting from the failure of any tenant, person or property owner to comply with any provision of this chapter or the rules and regulations of the Department of Public Works, or from his, her or its failure to take advantage of the regular collection service, shall be removed by such person or property owner at his or her expense. Whenever the responsible person or property owner fails to comply with a notice from any department official of the Town to remove the same, the Town shall have the power to direct that said accumulation be removed by the Department of Public Works or private contractor at the person's or property owner's expense. An invoice for all expenses incurred shall be sent to the property owner. Any invoice which is not paid within 30 days shall be deemed delinquent, and an additional fee of 12% will be added and collected. After October 31 of each year, all unpaid invoices will be added to the Town property taxes for the delinquent property.
A. 
Filing of statement of costs. Before such charge or assessment shall be made, however, the Commissioner of Public Works, Deputy Commissioner of Public Works for Environmental Services or their designees or Code Enforcement Officer shall file with the Town Clerk a copy of the invoice containing a detailed statement of the costs and expenses incurred.
[Added 4-3-2019 by L.L. No. 5-2019]
A. 
Whenever garbage, rubbish, trash, recyclables or yard waste is left on the sidewalk or at the curb area in a manner or amount in violation of this chapter and/or is deemed to be a health or safety hazard or nuisance, the Commissioner of Public Works, Deputy Commissioner of Public Works for Environmental Services or their designees or Code Enforcement Officer shall have the right and authority to order such to be removed immediately by the Department of Public Works or private contractor. Prior to removal, the accumulation will be documented by photography.
B. 
If reasonably possible, the Commissioner of Public Works, Deputy Commissioner of Public Works for Environmental Services or their designees or Code Enforcement Officer shall make a reasonable attempt to contact the property owner or occupant by telephone prior to the removal. Such attempt shall in no way delay the removal of the hazard.
C. 
After removal of the hazard, an invoice for all expenses incurred shall be sent to the property owner and/or occupant. Any invoice which is not paid within 30 days shall be deemed delinquent, and an additional fee of 12% will be added and collected. After October 31 of each year, all unpaid invoices will be added to the Town property taxes for the delinquent property.
D. 
Filing of statement of costs. Before such charge or assessment shall be made, however, the Commissioner of Public Works, Deputy Commissioner of Public Works for Environmental Services or their designees or Code Enforcement Officer shall file with the Town Clerk a copy of the invoice containing a detailed statement of the costs and expenses incurred.
E. 
In addition to such invoicing, the Town is authorized to issue an appearance ticket, returnable to the Town Court, for a violation of any provision(s) of this chapter.
[Added 4-3-2019 by L.L. No. 5-2019]
A. 
This section applies to any person, firm, entity or corporation receiving multiple notices of violation or orders to remedy in a twelve-month period for a violation of this chapter.
B. 
Any person, firm, entity or corporation receiving multiple notices of violation or orders to remedy within a twelve-month period shall be subject to an inspection fee as set forth in the fee schedule below:
(1) 
First notice of violation or order to remedy received: no charge.
(2) 
Second notice of violation or order to remedy received: inspection fee of $100.
(3) 
Third notice of violation or order to remedy received: inspection fee of $150.
(4) 
Fourth notice of violation or order to remedy received: inspection fee of $200.
(5) 
Fifth notice of violation or order to remedy received: inspection fee of $500.
C. 
The inspection fees prescribed above shall be billed directly to the tenant or owner, as the case may be, and a copy mailed to the owner and/or contact person/agent of the property. Inspection fees shall be increased 25% when not paid within 30 days after initial invoicing, to cover administrative costs. This subsection shall not be considered the exclusive method of collecting inspection fees and shall not preclude collection by other lawful methods. If unpaid after October 31, the invoice will be added to and collected in the same manner as real property taxes for the delinquent property.
D. 
Every notice of violation or order to remedy shall contain a clear and conspicuous explanation of the policy in this section requiring fees for inspections or a copy of this section.
E. 
The Code Enforcement Official or the Commissioner of Public Works may waive an inspection fee in case of error, mistake, injustice or other good cause.
Cinders, sand, gravel or soil deposited on real property by or for the owner or occupant thereof for fill, grading or landscaping purpose, shall not be deemed to be refuse or waste.
No person shall dispose of any garbage, rubbish, refuse or recyclables collected outside the Town of Union at any place, public or private, within the Town of Union.
No person shall engage in picking, sorting, or salvaging or otherwise scavenging in any container of garbage, rubbish, refuse or recyclables or otherwise disturbing the contents thereof.
The driver of any vehicle engaged in the collection, transportation or disposal of garbage, rubbish, refuse or recyclables shall fully cover all such garbage, rubbish, refuse or recyclables while loaded on such vehicle, with a suitable covering material, and shall not permit any part of such load to fall from such truck except upon its lawful disposal.
[Added 4-3-2019 by L.L. No. 5-2019]
The Commissioner of Public Works shall, with the approval of the Town Board, have the power and authority to formulate and promulgate from time to time such additional rules, regulations and directions, not inconsistent with the provisions of this article, as he or she may deem necessary.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable as follows: by imprisonment for a term not exceeding 15 days, by a fine not exceeding $250, by a sentence of community service or restitution or by a combination thereof. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.