[HISTORY: Adopted by the Board of Trustees
of the Village of Endicott 7-10-2006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
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.
[1]
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.
[Amended 2-17-2020 by L.L. No. 16-2020]
As used in this article, the following words,
terms and phrases shall have the meanings herein ascribed to them:
Items generated through construction or demolition of buildings
or structures including, but not limited to, dimensional lumber, cabinets,
wood sheathing, windows, doors, sinks, toilets, pipes, water heaters,
furnaces, roofing materials, and masonry items.
Includes items such as cellphones, computers, televisions,
cathode-ray tubes, small-scale servers, computer peripherals (monitors,
electronic keyboards, electronic mice or pointing devices, facsimile
machines, document scanners and printers); small electronic equipment
(VCRs, digital video recorders, portable digital music players, DVD
players and projectors, digital converter boxes, cable or satellite
receivers and electronic or video game consoles).
The animal or vegetable waste resulting from the handling,
preparation, cooking, and consumption of food.
Any large item that is used in the course of normal house
operations, such as couches, chairs, mattresses, and tables.
Any medium- or large-sized metal items including, but not
limited to, bed frames, patio furniture, bookcases, desks, and file
cabinets.
Any item that is permitted by Broome County Recycling Program.
All combustible and noncombustible waste materials, except
garbage; the term shall include, but not be limited to, the residue
from the burning of wood, coal, coke and other combustible materials,
paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree
branches, yard trimmings, tin cans, metals, mineral matter, glass,
crockery and dust and other similar materials.
Any refrigerator, freezer, stove, dishwasher, microwave,
clothes washer, or clothes dryer.
[Amended 2-17-2020 by L.L. No. 16-2020]
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 garbage, rubbish, construction
debris, household items, electronics, metal items, white goods, and
recyclables.
[Amended 3-26-2019 by L.L. No. 2-2020; 2-17-2020 by L.L. No. 16-2020]
Refuse 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 35 gallons.
[Amended 2-17-2020 by L.L. No. 16-2020]
No refuse or recyclables shall be placed in
a receptacle that is unsanitary, leaky, or defective.
[Amended 2-17-2020 by L.L. No. 16-2020]
All garbage and rubbish shall be packed in a
plastic bag, tied securely, and placed in a refuse receptacle.
[Amended 2-17-2020 by L.L. No. 16-2020]
Refuse, rubbish, and garbage shall not be placed
or allowed to be together in the same receptacle as recyclables.
[Amended 2-17-2020 by L.L. No. 16-2020]
All receptacles must be stored behind the front
plane of the building or in the rear of the property.
[Amended 2-17-2020 by L.L. No. 16-2020]
A.
Vehicular
tires, electronics, dead animals, liquid paint, household hazardous
waste as defined by New York State Department of Environmental Conservation
regulation, batteries of any kind, and construction debris are specifically
prohibited from normal collection.
B.
White goods
and metal items will be collected on Fridays by appointment only.
Owners shall pay the Village for the costs of Freon removal for freezers
and refrigerators upon pick up by the Village.
[Amended 2-17-2020 by L.L. No. 16-2020]
Receptacles containing garbage, rubbish, and
recycling shall be so placed for collection as follows:
A.
Receptacles placed for collection shall not weigh
more than 50 pounds.
B.
No garbage, rubbish or recycling shall be placed at
any time in front of a dwelling unit unless it is in a proper receptacle.
No receptacle for garbage, rubbish or recycling 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.
C.
No more than three receptacles for garbage and rubbish
may be placed in front of a one-family dwelling at any one time for
collection. No more than three receptacles for garbage and rubbish
per dwelling unit may be placed in front of a two-family or multiple
dwelling at any one time for collection.
D.
No more
than three household items be placed in front of a one-family dwelling
at any one time for collection. No more than three household items
per dwelling unit may be placed in front of a two-family or multiple
dwelling at any one time for collection.
E.
No more
than three receptacles full of grass clippings and brush may be placed
in front of a property at any one time for collection.
[Amended 2-17-2020 by L.L. No. 16-2020]
No person shall take, remove or otherwise disturb
any refuse, garbage, rubbish, or recycling 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.
[Amended 2-26-2019 by L.L. No. 7-2019]
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 $50 per occurrence by the Code Enforcement Officer after receiving one warning by mail for a previous offense during the calendar year.
A.
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 24 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, garbage, rubbish, construction debris,
household items, electronics, metal items, white goods, and recyclables
at the expense of the Village, and all costs of such correction shall
constitute a lien upon the subject property.
[Amended 2-17-2020 by L.L. No. 16-2020]
B.
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.
[1]
Editor's Note: The title of this article was changed from
"Tipping Fees" to "Refuse Fees" 2-17-2020 by L.L. No. 16-2020.
[Amended 2-17-2020 by L.L. No. 16-2020]
Refuse fees for municipal refuse collection
shall be set by resolution of the Village Board of Trustees.
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:
A.
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.
B.
No partial payments shall be accepted for such total
bill.
C.
The billing shall be semiannual.
D.
The total bill may be paid without penalty on or before
the first day of the month following the billing.
E.
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.
F.
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.[1]
[Amended 2-17-2020 by L.L. No. 16-2020]
[1]
Editor's Note: Former Subsection G, regarding water shutoff
for nonpayment of bills, which immediately followed this subsection,
was repealed 2-17-2020 by L.L. No. 16-2020.
A.
Any person, firm, corporation or association may apply
for exemption from such refuse 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.
[Amended 2-17-2020 by L.L. No. 16-2020]
B.
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.
C.
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.
[Added 3-12-2019 by L.L.
No. 8-2019]
A.
No dumpsters shall be located in front of a business or residence
nor within 25 feet of a residential building without approval of the
Code Enforcement Officer. Notwithstanding the preceding, roll-off
dumpsters located on a property for the sole purpose of collecting
construction and other building debris during remodeling and/or construction
of a property are permitted during the construction period. Said construction
period shall not exceed 60 days. If said construction period shall
last more than 60 days, a special permit shall be obtained from the
Village Code Enforcement Officer.
[Amended 2-17-2020 by L.L. No. 16-2020]
B.
All dumpsters shall be kept in a place easily accessible to private
collection contractors, shall be clean, neat, painted and kept in
good repair; any spilled materials are the responsibility of the property
owner or occupant and shall be cleaned immediately. No garbage, recyclable
receptable, trash, yard waste or other items of refuse shall be located
outside of a dumpster. Signs are not allowed on sides of garbage cans,
dumpster or enclosures of the same. All dumpsters located on a property
for reasons other than temporary construction shall be fully enclosed
and all doors and lids must be in working order and lids must be securely
closed at all times. Enclosures must blend in with property facade
and as deemed appropriate by the Village Code department; dumpsters
not in use must be removed within 30 days.
C.
No dumpsters shall be located on public streets without first obtaining
a permit from the Village Code Enforcement office.
D.
The collection of garbage or other material from dumpsters shall not commence on any day prior to the hour of 6:00 a.m. nor past the hour of 9:00 p.m. Any party found in violation of this section shall, upon conviction, be guilty of an offense, and shall be punished as provided in § 1-17 of Chapter 1, General Provisions, Article V, of this Code.
E.
No dumpsters are to be placed on any Village property without the
written permission of the Parking Authority or Village Police Department.
Dumpsters may be placed in Village parking lots with permission and
payment for permit for said parking spaces.
