A.
Legislative findings. It is the intention of the Village Board of Trustees to maintain a clean, wholesome and attractive community and to guard against the creation of nuisances and conditions that may endanger the health, safety and welfare of the Village residents; spread disease; create fire hazards; reduce the value of properties; interfere with the use and enjoyment of adjoining properties and interfere with the comfort and well-being of the public.
B. DUMPSTER PORTABLE TOILET TEMPORARY STORAGE CONTAINER
Definitions. As used in this article, the following terms shall have the meanings indicated:
Any container for the collection of garbage, refuse or rubbish with two cubic yards of capacity or larger.
A temporary, movable toilet facility, not within a building, including, but not limited to, facilities commonly referred to as, "porta potty" or "porta john."
Any portable container, receptacle or device of a type commonly used for the temporary storage of personal property, and specifically including those storage facilities generally referred to as a portable on demand storage unit (PODS®).
C.
Temporary storage containers may only be used by homeowners and contractors within the Village of Airmont during the specific period of time that a valid building permit or certificate of occupancy remains in force for construction on a homeowner's residence. Furthermore, a valid permit must be obtained from the Village by either the homeowner or contractor before the unit is delivered in Airmont. The permit must be displayed in a conspicuous place on the enclosed temporary storage container at all times.
D.
Temporary storage unit permits.
(1)
Before a temporary storage container unit can be located and utilized by a resident in the Village of Airmont, a permit is required to be obtained from the Building Inspector. The permit application shall be signed by the homeowner or the owner of the property where the container or portable on demand storage unit is to be placed. The permit fees are located in § 106-6 of the Village Code.
(2)
If not tied to a building permit, no permit shall be valid for longer than four months.
(3)
If tied to a building permit, no temporary storage unit permit shall be valid more than seven days after a certificate of occupancy is issued on the building.
E.
Dumpster permit application; approval.
(1)
No person, firm or corporation shall place, put, position or situate a dumpster without first obtaining a separate dumpster permit from the Building Department for each dumpster.
(2)
Application for a dumpster permit shall be made to the Building Inspector on forms provided by the Building Department and shall contain the following information:
(3)
Application shall be made by the owner or lessee, or agent of either. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the applicant is authorized to make such application.
(4)
The Building Inspector shall examine or cause to be examined all applications for permits and the insurance plans filed therewith; he shall approve or disapprove the application within a reasonable time.
(5)
Upon approval of the application and upon receipt of the legal fees therefor, the Building Inspector shall issue a dumpster permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto. The approved permit shall be kept at the site open to inspection by the Building Inspector or his authorized representative at all reasonable times.
(6)
A dumpster permit is effective for 30 days and may be renewed by contacting the Building Inspector. The Building Inspector may allot a longer time period to the applicant dependent upon need and a request for such submitted with the application.
F.
Dumpster permit fees. Upon filing of an application for a dumpster permit, the applicant shall submit the permit fee in the amount located in § 106-6 of the Village Code.
G.
Portable toilet permit.
(1)
No person, firm or corporation shall place, put, position or situate a portable toilet without first obtaining a separate portable toilet permit from the Building Department for each portable toilet.
(2)
Application for portable toilet permit shall be made to the Building Inspector on forms provided by the Building Department and shall contain the following information:
(a)
A description of the property or area where the portable toilet will be placed. Portable toilets are not permitted within the front or side yard of a property unless permitted under a separate building permit.
(b)
The full name and address of the applicant, or the names and addresses of responsible officers, if the applicant is a corporation.
(c)
Such other information as may be reasonably required to establish compliance with the requirements of the applicable ordinances and regulations.
(3)
Application shall be made by the owner or lessee, or agent of either. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the applicant is authorized to make such application.
(4)
The Building Inspector shall examine or cause to be examined all applications for permits and the insurance plans filed therewith; he shall approve or disapprove the application within a reasonable time.
(5)
Upon approval of the application and upon receipt of the legal fees therefor, the Building Inspector shall issue a portable toilet permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto. The approved permit shall be kept at the site open to inspection by the Building Inspector or his authorized representative at all reasonable times.
(6)
A portable toilet permit is effective for a maximum of seven days unless otherwise required by a separate building permit. The Building Inspector may allot a longer time period not to exceed 30 days to the applicant dependent upon need and a request for such submitted with the application.
H.
Penalties for offenses. It shall be unlawful for any person, firm or corporation to place, put, position or situate a temporary storage container or a dumpster in violation of any provision of this article or to fail in any manner to comply with a notice, directive or order of the Building Inspector, or to use any dumpster or portable toilet in a manner not permitted by an approved dumpster or portable toilet permit.
(1)
A person who shall knowingly violate any of the applicable provisions of this article or any lawful order, notice, directive, permit or certificate of the Building Department made thereunder shall be guilty of disorderly conduct, and such person shall be a disorderly person and, upon conviction thereof, shall be subject to a maximum fine of $250 and a minimum fine of $25. Each day during which there is a failure to comply with the provisions of this article or of any order issued by the Building Department shall constitute a separate offense.
(2)
Upon violation of any of the provisions of this article (e.g., a dumpster that is blocking access or one that has not been emptied properly), the permit can be revoked and the dumpster removed.