[HISTORY: Adopted by the Town Board of the
Town of Union 12-1-2004 by L.L. No. 12-2004. Amendments noted
where applicable.]
For the purposes of this chapter, the following
terms shall have the meanings indicated:
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.
A commercial garbage disposal container under contract with
a commercial hauler for removal and cleaning at regular intervals.
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.
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.
Includes ordinary household or store trash of flammable character,
such as barrels, cartons, boxes, crates, furniture, rugs, clothing,
rags, mattresses, and blankets.
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.
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.
