[HISTORY: Adopted by the Board of Trustees of the Village of Endicott 7-10-2006. Amendments noted where applicable.]
Brush, grass and weeds — See Ch. 103.
Garage, yard and porch sales — See Ch. 149.
Handbills — See Ch. 153.
Junk dealers — See Ch. 165.
Property and building nuisances — See Ch. 190.
Shopping carts — See Ch. 204.
Junk vehicles — See Ch. 238.
Editor's Note: This enactment supersedes former Ch. 211, Solid Waste, adopted 10-23-1989 by L.L. No. 5-1989 as Ch. 123, Arts. I and II, as amended.
As used in this article, the following words, terms and phrases shall have the meanings herein ascribed to them:
- Dry ashes from coal and other fuel, sawdust, floor sweepings, broken glass, broken crockery, oyster and clam shells, tin cans and such mineral substances as may accumulate in connection with the ordinary conduct of households, but not such as may result from building operations.
- The refuse of animal or vegetable foodstuffs, such as kitchen or table waste, vegetables, meats, fish, bones and fat, but shall not include oyster or clam shells.
- All refuse other than garbage and ashes, incident to the ordinary conduct of households, including discarded floral decorations, Christmas greens, bottles, paper, pasteboard, rags, leather and leather straps, tobacco stems, straw and excelsior, but shall not include cut grass, loam and wallpaper or other substances that may accumulate as the result of the care of yards, the repair of dwellings or other buildings or as the result of building operations.
The Superintendent of Public Works shall, with the approval of the Board of Trustees, 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 may deem necessary for the proper conduct of the collection, removal and disposal of refuse, garbage, ashes and rubbish.
Garbage receptacles must be watertight and shall be provided with a tight-fitting cover having a handle. No person without a permit from the Superintendent of Public Works shall use for the reception of garbage any receptacle having a capacity of less than three nor more than 20 gallons.
Ash receptacles must be made of metal and shall be provided with handles. Such receptacles must be of not less than eight nor more than 28 gallons' capacity. Wooden bushel baskets may be used if tight and provided with handles.
Rubbish shall be placed in suitable receptacles approved by the Superintendent of Public Works or shall be securely sacked or tied in bundles so as to be easily handled by one man.
Neither garbage, ashes or rubbish shall be placed in receptacles which are in a filthy, leaky or defective condition.
All garbage shall be thoroughly drained of its moisture and wrapped in paper before being deposited in the garbage receptacle.
Ashes, garbage and rubbish shall not be placed or allowed to be together in the same receptacle. Neither ashes, garbage nor rubbish shall be deemed to include vehicular tires which are specifically prohibited from collection.
Receptacles containing garbage, ashes or rubbish shall be so placed for collection as follows:
Receptacles placed for collection shall not weigh more than 50 pounds.
No ashes, garbage or rubbish shall be placed at any time in front of a dwelling unit unless it is in a proper receptacle. No receptacle for ashes, garbage or rubbish shall be placed in front of a dwelling unit more than 24 hours prior to a scheduled collection or allowed to remain in front of a dwelling unit for more than 24 hours after a scheduled collection.
No more than three receptacles may be placed in front of a one-family dwelling at any one time for collection. No more than three receptacles per dwelling unit may be placed in front of a two-family or multiple dwelling at any one time for collection.
No person shall take, remove or otherwise disturb any refuse, garbage, ashes or rubbish which has been placed for and is awaiting removal by the Department of Public Works, except the owner thereof, without permission from the Superintendent of Public Works.
All private collectors of materials enumerated herein must have their loads covered by canvas or steel bodies in a manner approved by the Superintendent of Public Works.
Any person violating any of the provisions of this article shall be guilty of a violation and, upon conviction thereof, shall be punishable by a fine not exceeding $250 for each offense or imprisonment not exceeding 15 days, or both such fine and imprisonment. Specifically, the owner of a property violating § 211-9B shall be levied a fine of $10 per occurrence by the Code Enforcement Officer after receiving one warning by mail for a previous offense during the calendar year.
Any Village police officer or code enforcement officer is hereby authorized and empowered to enforce this article. Upon his own investigation or receipt of information or complaint, the Village official may cause to be served upon an owner of real property where a violation has occurred a notice of violation. Said written notice shall direct removal or correction of such violation within 48 hours after service of such notice. If an owner of the real property cannot be located, then the Village official shall cause the posting of such notice in a prominent place upon said real property. Immediately upon expiration of any period for removal or correction of said violation, the code enforcement official may direct correction of the violation, including removal of receptacles, ashes, garbage or rubbish at the expense of the Village, and all costs of such correction shall constitute a lien upon the subject property.
When the Village has corrected the violation or has paid for its correction, the action or costs thereof, plus accrued interest at the rate of 9% per annum from the date of completion of the work, if not paid by the owner of the real property prior thereto, shall be charged to the owner of such property on the next regular real property tax bill and shall be collected by the Village Treasurer in the manner provided by law for the collection of taxes.
Commencing with the August 1996 water billing, each Village property owner shall be assessed the following amounts for tipping fees for municipal refuse collection in addition to the billing for water use and sewer use according to the level of service set forth below:
For each individual household living unit: $100 per year.
For each commercial customer choosing one collection per week: $45 per year.
For each commercial customer choosing two collection per week: $135 per year.
For each commercial customer choosing three collections per week: $435 per year.
The tipping fees hereinbefore set forth shall be collected by the Village of Endicott by inclusion on the Village water bills, and the following rules for collection of said bills are adopted:
The tipping fees hereinbefore established and adopted shall be included, together with the bill for water and the bill for sewer use, as the total amount due in said billing and issued to the owners of the property to which the services included in said billing have been rendered.
No partial payments shall be accepted for such total bill.
The billing shall be semiannual.
The total bill may be paid without penalty on or before the first day of the month following the billing.
A penalty of 10% shall be assessed on any total bill still due and outstanding on the second day of the month following the month of the issuance of the bill.
A written notice of the amount due with penalty added shall be sent to the property owner responsible on the second day of the month following the month of the issuance of the billing indicating that the total amount is due by the first day of the next month, together with a warning as to water shutoff for nonpayment.
After the second day of the second month following issuance of the billing, the water service to any property for which a bill has not been paid may be shut off by reason of the nonpayment of said bill.
Any person, firm, corporation or association may apply for exemption from such tipping fee in writing by written application, which shall be in the form of a sworn affidavit, in a form approved by the Village Attorney and which sworn affidavit shall state that the living unit or units for which exemption is applied is and will not be used as a living unit at any time subsequent to application.
Such affidavit shall clearly indicate that no use shall be made of the units for living purposes and shall also provide that a use of the living unit for which an exemption is granted shall call for a penalty of three times the tipping fee not collected because of the reliance on the affidavit application.
An exemption shall be granted by the Village Clerk for a properly and completely filed sworn affidavit and shall be valid for one year from the date of filing. The affidavit must be received by the Village Clerk at least 15 days before the billing date for the living unit for which exemption is sought.