[HISTORY: Adopted by the Board of Trustees of the Village of Massena as indicated in article histories. Amendments noted where applicable.]
Brush, grass and weeds; dumping — See Ch. 110.
[Adopted 4-30-1986 by L.L. No. 4-1986; amended in its entirety 4-17-2018 by L.L. No. 6-2018]
For the purpose of this article, the following words and phrases shall have the meanings ascribed to them in this section:
- The residue from the burning of wood, coal, coke or other combustible materials.
- BULKY WASTE
- Large items of waste material, such as appliances, furniture, and auto parts.
- Any private business operation generating not more than six thirty-two-gallon containers per week and each container not weighing any more than 50 pounds.
- Metal or plastic cans or plastic bags (minimum 1.5 mil thickness);
each container shall hold a maximum of 34 gallons and not weigh more
than 40 pounds.[Amended 9-17-2019 by L.L. No. 2-2019]
- DEPARTMENT OF PUBLIC WORKS
- The refuse collection and disposal department of the Incorporated Village of Massena.
- FAMILY UNIT
- One family unit living independent of any other.
- Animal, vegetable, fruit or similar organic wastes liable to become putrid, including wastes resulting from the handling, preparation, cooking or storage of foods.
- MIXED PAPERS
- Catalogs, junk mail, NCR paper, envelopes, file cards and folders, glossy newspaper inserts, magazines, computer printouts and nonmetallic wrapping paper, kept dry and clean.
- NONRECYCLABLE REFUSE
- Rags, sweepings, rubber, leather, crockery, shells, clothing, dirt, ashes, wastewater, light bulbs, batteries, dishes, mirrors and similar waste material,
- Land, buildings or other structures, vehicles, watercraft or parts thereof upon or in which refuse is stored.
- RECYCLABLE REFUSE
- Clean metal food containers, clean glass bottles (caps removed), dry newspaper, dry mixed papers and plastic containers [SPI coding system No. 1, PET (polyethylene terephthalate), No. 2, HDPE (high-density polyethylene), No. 3, PVC (polyvinyl chloride), No. 4, LDPE or PE-LD (low-density polyethylene), No. 5, PP (polypropylene), No. 6, PS (polystyrene), and No. 7, OTHER or D (other plastics, such as acrylic, nylon, polycarbonate, and polylactic acid, and multilayer combinates of different plastics)].
- All solid wastes, including garbage and yard waste, but not including human wastes.
- YARD WASTE
- Refuse resulting from the collection and disposal of natural items indigenous to the exterior portions or yards of residential premises, such as branches, tree trimmings, hedge clippings, grass cuttings, leaves and other such natural material.
There is hereby created a Department of Public Works which shall be under the supervision and control of the Superintendent of Public Works. The Superintendent of Public Works shall have the responsibility for the operation and for the collection and disposal of refuse by the Department of Public Works. The Superintendent of Public Works is hereby empowered to make and publish regulations implementing this article concerning such matters as the days for the collection of garbage and rubbish, the location of refuse containers and all other matters relating to the storage, collection and disposal of refuse which he deems advisable, provided that such regulations are not contrary to the provisions of this article.
No person shall place, deposit or store any refuse on or in any street, highway, avenue, drain, ditch, watercourse or body of water or other public place within the Incorporated Village of Massena except in containers for such purpose by the Superintendent of Public Works, and in no event upon the premises of another except with the consent of the owner or occupant thereof.
Any person responsible for refuse on premises not served by the Department of Public Works or for refuse not acceptable for collection by the Department of Public Works shall make suitable arrangements for the collection and disposal of such refuse.
In the event of a violation of any of the provisions of this section which shall, in the opinion of the Code Enforcement Officer or the Superintendent of Public Works, be a hazard to the health, safety or well-being of the community, a notice directed to the owner or occupant of the premises upon which such violation occurs may be served, either personally or by posting the same on said premises, directing the removal of all material upon the premises in violation of this section within 24 hours. In the event that such material is not removed within 24 hours from the date of service or posting of said notice, the Village Department of Public Works may enter upon the premises, remove said material and charge the entire cost of said removal against the premises.
Notwithstanding anything contained in this article to the contrary, the occupants of residential and commercial premises served by the Department of Public Works shall place or cause to be placed at the street or curbline of their premises yard waste, garbage and recyclable refuse originating on said premises, subject to the following rules and regulations:
All grass cutting and leaves shall be placed in closed, clear bags, paper bags or in other DPW-approved container(s).
Public works shall collect branches, tree trimming and hedge clippings during the months of April, May, September and October When a special event occurs impacting a number of properties, at the discretion of the Superintendent of Public Works, additional collections may occur. All branches, tree trimmings and hedge clippings shall be cut into lengths no greater than 10 feet with the butt end placed towards the road. The largest diameter of limb allowed shall be no larger than eight inches. The amount of brush to be placed at curbside for DPW collection shall not exceed eight cubic yards, loose. No branches, tree limbs and hedges removed by a commercial business shall be placed at curbside for collection by DPW. Root balls shall be removed from all brush and hedges and disposed of by owner.
No more than five thirty-four-gallon containers of garbage, waste or recycle shall be placed out for collection at any one time. No item or container shall weigh more than 40 pounds.
[Amended 9-17-2019 by L.L. No. 2-2019]
Litter baskets provided by the Village are to be used for deposit of litter generated on the public right-of-way by pedestrians and motorists. The placing into litter baskets of refuse originating from homes, commercial or industrial establishments is prohibited.
No household waste, commercial waste or building waste shall be stored or accumulated on any premises within the Village except as permitted by this article. Refuse may not be placed or stored in the street or gutters. Refuse may not be stored on sidewalks, rights-of-way or in any public place except as directed herein or by the Superintendent of Public Works.
Refuse containers shall be maintained free from excessive odor and in clean and good condition by the owner thereof. In the event that a container on premises served by the Department of Public Works becomes dangerous or is liable to injure or hinder the person collecting the contents thereof, said container shall be replaced by the owner thereof with a proper and safe container within one week after the receipt of a written notice from the Superintendent of Public Works.
The Department of Public Works shall collect and dispose of all refuse acceptable for collection from all single-family and multifamily dwellings occupied exclusively for residential purposes by not more than five families living independently of each other. Every owner or occupant of such premises is hereby required to make use of the refuse collection and disposal system provided by the Incorporated Village of Massena.
The Department of Public Works may also collect from business so long as items are placed in approved containers.
All refuse for collection shall be placed in clear plastic bags to allow full view of contents. Refuse in tinted or other bags will not be collected, and a violation notice shall be applied stating the reason for the violation. Refuse not collected shall be retrieved (within 12 hours) by the owner/occupant and disposed of properly. Refuse not retrieved within 12 hours will be collected by the DPW, and the owner/occupant will be charged an additional fee for collection. The amount shall include but not be limited to labor, equipment, and tip fees.
In all cases where the Village has performed and provided a service, an administrative charge (8.0%) of the aggregate bill amount shall be added to the total.
The following refuse shall not be considered acceptable by the Department of Public Works during regular weekly collection:
Materials resulting from the repair, construction, alteration or excavation of buildings or structures, streets or sidewalks, such as earth, plaster, mortar, concrete, bricks, lath and roofing materials.
Dangerous materials or substances, such as poisons, acids, caustics, infected materials, explosives, ashes, medical waste, hazardous waste and household sharps (including needles, syringes and lancets).
Materials which have not been prepared in accordance with the provisions of this article.
Solid wastes resulting from industrial processes.
Large items such as furniture, rugs, mattresses and appliances.
Raw garbage, such as food scraps, not wrapped or not placed in a container, such as a plastic bag.
Should the Village of Massena remove the unacceptable refuse (up to 1,000 pounds), after giving proper notification to owner of the property, there shall be a minimum charge of $200 assessed to said owner(s). Additionally, charges shall be assessed as the weight exceeds 1,000 pounds.
All refuse shall be collected by the Department of Public Works according to the following schedule:
During the annual cleanup days designated by the Superintendent of Public Works:
Village residents will take their bulky waste to the local transfer station. The resident shall provide two proofs of Village residency (photo ID and utility bill of property or approved equal to prove residency).
The resident shall separate trash, metal, electronics, fabric and tires (four maximum) as directed by the Superintendent. Construction debris such as, but not limited to, toilets, sinks, wood, sheetrock, etc. will not be approved or accepted, no exception.
No commercial dumping. Residents shall be allowed to unload a maximum of 1/2 ton (defined as a pickup truck load) of debris one time, only, Multiunit complexes within the Village of Massena utilizing Village refuse service shall be allowed to dump 1/2 ton maximum of debris per unit.
Debris shall not be placed along curbside in the Village or be visible to the public.
Once the end date of the scheduled cleanup date has expired, no other trash/debris shall be allowed to be unloaded as part of the program.
The charge for the collection and disposal of refuse by the Department of Public Works shall be according to the following schedule:
Refuse service charges shall be due and payable monthly, bimonthly (every two months), or quarterly at the same time water and sewer charges are payable, regardless of the occupancy of the premises.
The charge for any premises within the scope of this article for which a certificate of occupancy is issued after the effective date of this article shall be prorated for the period commencing from the first day of the month following the issuance of the certificate of occupancy to the last day of the following May.
Refuse service charges shall be billed to the owners of the premises and shall be payable at the collections office.
The Superintendent may negotiate rates and services for commercial and public agencies within the Village, provided that such rates shall in all instances cover at a minimum the incremental full costs of providing said service,
In the event that the owner has discontinued the use of Village water, then the refuse service charge shall automatically terminate.
Owners of single-family houses may have garbage service temporarily discontinued for a minimum of two months and maximum of four months by applying, in writing, for discontinuance of such service. Application must be filed with the Water Billing Department at least two weeks prior to the discontinuance date and must include the date of resumption. One request per twelve-month period will be accepted. The intent of this subsection is to recognize the fact that residents may be away from their home during portions of the year.
In the event that the refuse service charge bill is not paid in full, a penalty equal to 10% of the most recent bill shall be added to the bill. Said penalty of 10% shall go into effect the 11th day of the month following the date of the bill. However, if payment is made by mail, payment shall be presumed timely if the envelope containing said payment Is postmarked before the closing of the 10th day of the month following the date of the bill.
If payment is made by use of the Village night deposit box, payment shall be presumed timely if the payment is removed by 8:00 a.m. the morning after the due date of the bill. It is then backdated one business day and posted with such date.
All refuse service charges, penalties and interest thereon shall be a lien upon the real property benefited by the refuse collection and disposal service from the date that the refuse service charge is due and payable, and such lien shall be prior and superior to every other lien or claim, except the lien of an existing tax or local assessment. The Board of Trustees may certify to the Village Clerk the amount of any such lien which has not been paid at the time and in the manner prescribed by such Board, with a description of the real property affected thereby, and the Board of Trustees may include such amount in the annual tax levy and shall levy the same upon the real property in default.
Every vehicle used for collection and/or disposal of refuse shall have an enclosed body or suitable provision for covering the body. Provision and use of a tarpaulin or canvas to enclose the open body of such a vehicle may be permitted when specifically approved by the Superintendent of Public Works.
Every vehicle used for the collection and/or disposal of garbage or of refuse containing garbage shall have a watertight body and shall be kept clean and sanitary and in good running order and shall have the licensee's name plainly painted on each side in letters at least four inches high.
No vehicle used for the collection and/or disposal of refuse shall be operated on any street, avenue or highway in the Incorporated Village of Massena in an overloaded condition or in such a manner as to spill the contents thereof onto the street, avenue or highway.
The Superintendent of Public Works or any other person authorized by the Board of Trustees shall make inspection of the vehicles used for the collection and/or disposal of refuse whenever he deems necessary, but in no event less than once every six months.
No refuse shall be disposed of within the Incorporated Village of Massena except at such place or places as may be permitted by the Board of Trustees.
No refuse collected from outside the Incorporated Village of Massena shall be disposed at the place or places designated except with the permission of the Board of Trustees.
It shall be the responsibility of all the residents, any commercial establishment and public entities using the Village collection service to separate recyclables from all solid waste and place them out for collection at the curb or walk.
No person shall place any recyclable material at or near the curb, sidewalk or street for purposes of collection by the Department unless that person.
Separates recyclable material from any refuse or waste placed for collection.
Places cans, bottles, dry mixed paper and crushed plastic containers in a container separate from what is used for nonrecycle refuse. Said container shall be within the guidelines set forth in the Village code.
Cleans all glass bottles, jugs, jars and plastic containers. Paper labels may be left on bottles.
Cleans all metal cans.
Removes caps from plastic containers.
Recyclable material shall be newspapers, bottles, cans, mixed paper and plastic containers. All paper must be dry.
Ownership of recyclables set out for collection shall thereupon vest with the Village. It shall be unlawful for a person to collect, remove or dispose of recyclables which are the property of the Village.
One container referred to as a 'blue recycle container" shall be furnished to the property owner for each residence or apartment at no cost. This will be done at the beginning of the recycling program. Blue boxes will be replaced by the Village at no cost due to normal wear and tear. Replacements, due to loss, theft and misuse by the owner and/or occupant, will be a charge to the owner at a cost set by the Superintendent to be collected as set forth in this article.
Garbage/refuse that has been dropped off in the Village limits that has been generated outside Village of Massena limits shall be collected by said party placing or causing to have placed all material in addition to the fine above. Failure to collect garbage/refuse within 24 hours of notice will force the Village of Massena to collect said garbage/refuse, and all charges incurred shall be borne by the parties placing or causing to be placed said material.
This article shall take effect immediately upon filing with the Secretary of State.