[HISTORY: Adopted by the Common Council of
the City of Amsterdam 8-19-2003 by L.L. No. 4-2003;[1] amended in its entirety 1-20-2015 by L.L. No. 3-2015.
Subsequent amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 201,
Solid Waste, adopted 6-20-2000 by L.L. No. 5-2000.
In order to protect the health, safety and welfare of the people
of the City of Amsterdam, provide for the collection and disposal
of solid waste and provide for the mandatory removal and source separation
of recyclables generated by residential and small commercial properties
and to provide public refuse collection and removal of recyclables
defined and limited by this article and within the appropriations
made by the Common Council, to encourage recycling consistent with
the Solid Waste Management Act of 1988, and effectively manage the
waste stream generated by such users, the Common Council finds that
the most equitable method of providing the funds for such services
is through the solid waste user fee provided for in this article.
As used in this article, the following words shall have the
following meanings:
Any independent contractor, vendor or processor or processing
facility hired by the City of Amsterdam to handle and dispose of recyclable
material collected in the City of Amsterdam.
Large household furniture and appliances, such as mattresses,
chairs, refrigerators, stoves weighing more than 30 pounds, motor
vehicle tires and large tree trimmings, properly bundled and reasonably
capable of being lifted by two people, except recyclables.
Any building or structure used to manage, conduct or carry
on any business for profit or not-for-profit and is intended to include
buildings or structures used for commercial, retail, industrial or
professional (including doctors, lawyers, accountants, dentists, insurance,
realtors, etc.) purposes and shall include warehousing facilities.
(Any commercial building as defined herein with multiple leases will
be charged a minimum of one service charge per leasehold.)
The total number of hours worked (full-time plus part-time)
divided by 40 hours shall represent the number of employees.
For the purpose of enforcement of Ch. 201 of the Code of the City of Amsterdam, any employee of the City authorized to enforce this chapter, including all housing inspectors, building inspectors, code enforcement officers, any police officer, and the sanitation foreman.
The professional engineer retained as City Engineer for the
City or his authorized deputy, agent or representative.
Animal or vegetable leavings or similar food or food refuse,
together with paper products, cardboard or wood or metal containers,
paper refuse or other household refuse which shall be inflammable
or capable of fermentation or decay, except recyclables.
The committee of persons meeting for the purpose of hearing
and determining appeals from determinations made or established under
this solid waste user fee. The Grievance Committee shall consist of
the Housing Inspector, the City Engineer and the City Code Enforcement
Official.
Any refuse, the handling or disposal of which, in the opinion
of the City Engineer, would constitute a hazard to the persons collecting
or disposing of the same or which may not be placed in the disposal
site.
A natural person, association, partnership, firm or corporation
that occupies, manages, uses or controls the premises.
Any nonprofit agency, foundation or department of the City,
county, state or federal government or creation thereof.
The collection of solid waste by the City of Amsterdam, its
agents, employees or persons with whom the City of Amsterdam has entered
into a contract for the collection of solid waste or recyclables.
Any material designated from time to time by the City Engineer,
and which, under any applicable law or regulation, is not hazardous
and which is separated from the waste stream and held for its material
recycling or reuse value in accordance with the Solid Waste Management
Act of 1988.
Dry inflammable or nonflammable household junk or refuse,
including ashes and magazines, lawn and small tree trimmings and leaves,
except recyclables.
Refers generally to garbage, rubbish and bulk.
Items that are required to be separated from the waste stream
and are subject to additional collection charges, such as tires and
certain electronics items. A list of such items shall be promulgated
by the Department of Public Works, from time to time.
Except as otherwise specifically provided herein, the collection and disposal of solid waste shall be in accordance with the provisions of Article II of this chapter.
All garbage and rubbish set out for public collection shall be placed and sealed in a container or transparent refuse bag, which can be reasonably lifted by two people, except as may otherwise be provided in specifications adopted by the Common Council or the City Engineer. All owners and occupants of residential and commercial structures and any other person who places or deposits garbage or refuse for curbside collection in a container, above described, must use the public collection system. However, public agencies within the City may use larger containers pursuant to § 201-5C, below.
The City of Amsterdam hereby establishes a solid waste user
fee for the public collection and disposal of solid waste from properties
located within the City of Amsterdam.
A.
The solid waste user fee shall be charged and collected by the imposition
of a solid waste user fee at a price to be determined by resolution
of the Common Council.
B.
For bulk, specialty items and other items not reasonably capable
of being placed within a refuse bag or container, reasonably manageable
by two people, the rates for collection and disposal of such items
shall be as determined by resolution of the Common Council.
(1)
By placing a bulk or specialty item curbside, the property owner
consents to the collection of the item by the City of Amsterdam and
agrees to the associated charge of collection.
(2)
A tenant or resident of the subject property is deemed to have authority
to place bulk or specialty items curbside as the agent of the property
owner.
(3)
Upon collection of a bulk or specialty item, a bill will be sent addressed to the individual requesting the collection or, if no individual made such a request, then to "resident" of the subject property; if the same is not paid within 30 days, a bill will be sent to the owner of record of the subject property. If this is not paid within 30 days then the charge shall be a lien on the subject property and collected as specified in § 201-8.
C.
The Common Council may negotiate a rate for large container services
with public agencies within the City, provided that such rates shall
in all instances cover, at a minimum, the full cost of providing such
services. Such rates shall be subject to approval of the Common Council.
There shall be a solid waste service charge to be paid on an
annual basis by the owners of all properties using the public collection
service during the year.
A.
For purposes of determining the amount of the solid waste service
charge, properties located within the City of Amsterdam shall be classified
as follows:
|
Classification Number of Service Charges
| ||
|---|---|---|
|
Single-family house
|
1 per house
| |
|
Two-family house
|
1 per living unit
| |
|
Three-family house
|
1 per living unit
| |
|
Apartments (defined as being a premises with four or more rental
units)
|
1 per apartment/living unit
| |
|
Boardinghouses
|
1 per living unit
| |
|
Commercial
|
1 per every 5 persons employed, not to exceed 2 service charges
(except that in the case of multiple leaseholds, owner will be charged
a minimum of 1 service charge per leasehold)
| |
B.
The amount of the solid waste service charge applicable to each class
of property shall be determined by resolution of the Common Council.
The City Controller shall send out bills and shall collect the
service charge from the persons responsible for payment thereof. The
service charge shall be due in accordance with the same schedule of
payments set forth for City taxes. The City Controller is the official
designated to collect the user fee, and he or she shall charge, for
the benefit of the City, interest and penalties for late payment of
the solid waste service charge calculated on the same basis as interest
and penalties for late payment of City taxes. The solid waste service
charge shall be included as a separate item on the City of Amsterdam
tax bill to the extent practicable.
Unpaid service charges shall be the personal responsibility
of the owner and shall be a lien upon the real property in connection
with which solid waste and collection was offered. Where the solid
waste service charge has been placed as an item on the City of Amsterdam
tax bill, it shall be collected and enforced in the same manner and
at the same time as may be provided by law for the collection and
enforcement of City taxes. Where the solid waste service charge has
been billed in a manner other than as an item on the City tax bill,
those charges remaining unpaid as of June 30 of each year shall be
added to the following year's City tax bill and collected and
enforced in the same manner and at the same time as may be provided
by law for the collection and enforcement of City taxes.
The status of property for purposes of imposing the solid waste service charge (See § 201-6A.) shall be determined annually as of December 1. The solid waste service charge for the following fiscal year shall be imposed in accordance with its use and condition as of December 1; provided, however, that whenever a parcel which was not using the public collection service on that date thereafter begins using the public collection service, it shall immediately become subject to the solid waste service charge pro rata for the unexpired portion of the fiscal year, except that, for newly developed parcels, the applicable date for imposition of the solid waste service charge shall be the date of issuance of the certificate of occupancy for the subject parcel.
A.
Parcels of land which are not improved by a structure or which, due to disconnection of City water service, are not habitable and which have been inspected by the Code Enforcement Official and found to be properly secured shall not be charged the solid waste service charge, subject to Subsection B hereof, until the City water service is reconnected.
B.
In accordance with Subsection A above, any owner that can demonstrate that he or she does not use the solid waste system in the City of Amsterdam shall not be charged the solid waste user charge. Proof of such nonuse shall include, but not be limited to, the following:
C.
Owners of parcels which have had the solid waste user charge waived
are required to re-file for a waiver annually on forms supplied by
the City of Amsterdam on or before the third Tuesday of January. In
the event that an owner fails to re-file for a waiver of the solid
waste user charge on or before said date, said owner will be deemed
to have waived his right to seek a waiver of the solid waste user
charge and be charged accordingly.
D.
The Common Council, by resolution, may establish an inspection fee to be charged by the Code Enforcement Official for inspections referred to in Subsection A above.
E.
The City Engineer shall have the authority to make physical inspections
of property upon reasonable notice to the owner or occupier of said
property for purposes of enforcing the provisions of this article.
A.
Grievance procedure.
(1)
Any person disputing the solid waste user fee as applied to him or
her may file a grievance, in writing, on forms supplied by the City
of Amsterdam, with the City Clerk on or before the third Tuesday of
January. Such grievance shall contain a statement of the specific
nature of the dispute and any and all grounds supporting the requested
change to the solid waste user fee. The City Clerk shall promptly
notify the Code Enforcement Official of the receipt of the grievance
and forward to the Code Enforcement Official any documentation in
support of the grievance as supplied by the applicant.
(2)
The Code Enforcement Official may, on his or her own request or at
the request of the applicant, schedule a hearing within five days
after receiving the grievance. The applicant shall have the right
to have a representative appear on his or her behalf at the hearing
and to make oral arguments and/or present additional evidence.
(3)
Within five days after the close of the hearing, or within eight
days after the grievance has been filed with the City Clerk, if there
be no hearing, the Code Enforcement Official shall make his or her
written decision, file a copy with the City Clerk and forward a copy
to the applicant by first class mail.
B.
Appeal
procedure.
(1)
Any person aggrieved by a decision of the Code Enforcement Official
as aforesaid shall have the right to appeal his or her decision to
the Grievance Committee within 30 days from the filing of the Code
Enforcement Official's decision with the City Clerk, but in any
event, not later than March 1. An application for appeal shall be
typed, on eight-and-one-half-inch by eleven-inch paper, verified by
the applicant and shall set forth the grounds therefore, the alleged
errors in the decision of the Code Enforcement Official and the amounts
sought for any adjustment to the service charge. Such appeal shall
be filed with the City Clerk, who shall, within five business days,
inform each member of the Grievance Committee of the appeal.
(2)
The Grievance Committee shall set a date for a hearing within 15
days of receiving the written request for appeal, notify the applicant
of the hearing on at least three days' notice of the time and
place of such hearing and allow the applicant to make oral arguments
and/or present additional material relevant to the application at
the hearing.
(3)
A hearing before the Grievance Committee may be conducted by any
one or more members of the Grievance Committee, designated by the
Grievance Committee to act on its behalf; provided, however, that
if less than the full Grievance Committee presides at such a hearing,
the member or members of the Grievance Committee conducting the hearing
shall render a written report of the hearing to the full Grievance
Committee and the full Grievance Committee shall thereupon make its
findings. A majority vote of the full Grievance Committee shall be
necessary to issue a binding decision by the Grievance Committee.
(4)
The Grievance Committee may request that the Code Enforcement Official
submit a written statement of facts, including a summary of the records
of the hearing, if there was a hearing, and the original or a true
copy of any other record of documents used by the Code Enforcement
Official in making his decision. Such written statement shall be submitted
to the Grievance Committee by the Code Enforcement Official within
three days after request by the Grievance Committee.
(5)
New evidence, testimony or argument, as well as any documents, exhibits
or other information submitted to the Code Enforcement Official at
the hearing held by him or her may be introduced at the appeal hearing
by the applicant.
(6)
The hearing before the Grievance Committee may be adjourned from
time to time by the Grievance Committee if, in its judgment, such
adjournment is necessary in order to obtain material evidence.
(7)
The Grievance Committee shall not be bound by formal rules of evidence.
(8)
The Grievance Committee shall issue its decision, in writing, within
20 days after the close of the hearing. The Grievance Committee shall
file its decision with the City Clerk and notify in writing the appropriate
City officials and applicant of its decision.
(9)
The decision of the Grievance Committee shall be considered a final
decision of the City of Amsterdam.
C.
Applicability of determinations. Any determinations made pursuant
to this section will not take effect until the following fiscal year.
The implementation, administration and enforcement of this article
shall be the responsibility of the City Engineer. The City Engineer
shall have the full cooperation of all other City departments in performing
his or her duties. The City Engineer may adopt, as deemed necessary,
rules and regulations providing further for the implementation, administration
and enforcement of the solid waste user fee.
As an alternative to or in addition to any other remedy provided
by law, the City Engineer may, at his or her discretion, direct the
City's employees or the City's contractors to collect and
dispose of garbage, refuse or bulk which has been improperly prepared,
stored or disposed of as required by the provisions of law. The City
Engineer shall then have the right to establish, by regulation, appropriate
charges for such services. The City Engineer will promptly bill the
person in charge of the property for such services. Such bills shall
be due and payable within 30 days from the date thereof. If not paid
within such time, the City Engineer shall have the power to add the
unpaid bill to the City tax, and the same shall be a lien and shall
be collected in the same manner as regular City taxes.
In addition to any other charge or penalty provided by law,
any person who shall violate any provision of this article shall be
punished by fine or term of imprisonment to be set by ordinance adopted
by the Common Council. In any case, the court may order community
service as an alternative or in addition to fine or imprisonment.
The user fee provided for above shall not be deemed a tax against
any real property within the City.
The purpose of this article is to establish rules and regulations
governing the collection and disposal of garbage and other waste in
the City of Amsterdam.
The provisions of this article shall be known as the "Garbage
and Waste Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
Containers fabricated of aluminum and commonly used for soda,
beer or other beverages.
As defined in § 150.10 of the Criminal Procedure
Law of the State of New York.
Stoves, refrigerators, dishwashers, dryers, washing machines,
air-conditioning units, boilers, freezers, water tanks, lawn mowers,
metal duct work, aluminum siding, metal window and door frames and
other large metal appliances.
Beds, mattresses, chairs, tables, wood, windows, linoleum,
magazines, books, colored or corrugated paper products, piping, rubber
tires and other large items not otherwise defined.
Concrete, masonry, wood, plaster, aluminum or other siding
material, wire, asphalt, ceramics, tiles, sheetrock, stones, bricks,
clay pipe, concrete pipe and any other by-product of a new construction
activity, renovation or rebuilding or other modification to a house,
appurtenances and grounds.
Transparent or translucent jars, bottles and containers which
are primarily used for packaging and bottling of various products,
but only those glass bottles that are green, amber or clear in color.
Household waste and other waste materials routinely produced
in a household and used household items. This material shall not include
other materials defined as bulky metals, bulky wastes, demolition
debris, glass bottles, newsprint and yard organics and recyclables.
The common, inexpensive machine-finished paper made chiefly
from wood pulp used for newspapers. This term excludes glossy newspaper
inserts, books and magazines as well as other paper products.
Includes the following:
One or more persons of either sex, natural persons or individual
or corporation or partnership or agency or joint venture or titled
owner of the subject real property, associations, joint-stock companies,
societies and all other entities of any kind capable of being sued,
who either is or claims to be the owner of such lot or land of any
occupied or unoccupied lot or land or any part thereof in the City
of Amsterdam;
Any lessee, tenant or occupant of the lot or land or any part
thereof located in the City of Amsterdam;
Any agent, servant, representative or employee of any such persons
or individual or corporation or partnership or agency or joint venture
or titled owner of the subject real property, associations, jointstock
companies, societies and all other entities of any kind capable of
being sued, who either is or claims to be the owner of such lot or
land of any occupied or unoccupied lot or land or any part thereof
in the City of Amsterdam;
Any individual or individuals, partnership or corporation, whether
for profit or otherwise, in whose name title to a building exists;
Either an individual, individuals or any legal entity duly authorized
to do business in the State of New York.
Glass bottles, aluminum and metal cans, newsprint, magazines,
junk mail, phone books, catalogues, cardboard, plastic, yard organics
and bulky metals as defined in this section and any other material
designated, from time to time, by the City Engineer.
Grass clippings. leaves, branches and other like organic
garden materials. Excluded are tree trunks, root systems, tree stumps,
logs, main branches and other large growing vegetation.
Every person in possession of or responsible for premises used
for residential and business purposes shall prepare and segregate
all material intended for collection by the Sanitation Division of
the Department of Public Works as follows:
A.
Municipally collected solid waste shall be placed in transparent
bags having a capacity not to exceed 30 pounds. The weight of any
one such transparent bag and its contents shall not exceed 30 pounds.
When municipally collected solid waste is placed in bags, those bags
must be made of a transparent material.
B.
Each such container shall be placed at the curb in front of all residences,
apartment houses and businesses on the scheduled day for collection
or not earlier than 3:00 p.m. on the day before the day scheduled
for collection. Municipally collected solid waste shall be collected
by the Sanitation Division of the Department of Public Works. Containers
shall be retrieved and stored behind the front line of the building
by 6:00 p.m. on the day of collection.
C.
All containers judged by the City Engineer or his or her agents to
be unsuitable for the storage of collectible waste shall be declared
trash and picked up by the City. Replacement of these containers shall
be the responsibility of the owner.
D.
Material which is not self-contained shall be placed in suitable
containers so as to prevent scattering or, if too large to be placed
in containers, shall be bundled and securely tied. The bundles shall
not exceed four feet in length, and neither a container and its contents
nor a bundle shall weigh in excess of 30 pounds.
E.
Newsprint, magazines, junk mail, phone books, catalogues and cardboard,
intended for separate collection, shall be separated from other municipally
collected solid waste and shall be compactly and securely placed in
transparent bags. Collection shall be made in accordance with rules
promulgated by the City Engineer. Newsprint used to wrap solid waste
and contaminated newsprint shall not be included in such bundles and
shall be disposed of with household waste.
F.
Glass bottles shall be separated from other municipally collected
solid waste and placed curbside in accordance with regulations promulgated
by the City Engineer.
G.
Aluminum and metal cans shall be separated from other municipally
collected solid waste and placed curbside in accordance with regulations
promulgated by the City Engineer.
H.
All plastics shall be separated from other municipally collected
solid waste and placed curbside in accordance with regulations promulgated
by the City Engineer.
I.
Yard organics shall be separated from other municipally collected
solid waste. Leaves, grass clippings and other mulch-like organic
materials shall be placed in transparent bags for collection in accordance
with rules promulgated by the City Engineer. Yard organics shall be
placed at the curb readily accessible to a City refuse collection
truck.
(1)
Fall leaves for the City's leaf collection program must be bagged
and placed curbside. The City Engineer shall outline a leaf collection
program and notify the public of the dates of collection by publication
in the local official newspaper.
(2)
Christmas trees for the City's Christmas tree collection program
must be placed curbside. The City Engineer shall outline a Christmas
tree collection program and notify the public of the dates of collection
by publication in the local official newspaper.
(3)
Branches not exceeding three inches in diameter shall be securely
tied in bundles no longer than four feet in length, 18 inches in diameter
and not exceeding 30 pounds in weight for collection with yard organics.
J.
Placement of bulky metal and bulky waste for collection shall be
at the curb readily accessible to a City refuse collection truck.
The Common Council shall, by resolution, establish and revise a system
for the collection of bulky metals and bulky wastes and shall, by
resolution, establish and revise the rates to be charged for the removal
of such items.
K.
Garbage, as defined in this article, shall be kept in containers
suitable to prevent access by vermin, insects, rodents, dogs, cats,
birds, etc.
All material intended for collection by the Sanitation Division
of the Department of Public Works shall be placed where it will be
readily accessible for collection as follows:
A.
Municipally collected solid waste garbage shall be kept in a single
location at the residence and shall be placed at the curb or as close
to the curb as possible in front of the residence where such collection
is to take place.
B.
When municipally collected solid waste is placed in bags, those bags
must be made of a transparent material. Municipally collected solid
waste may not be placed in any other type of bag other than transparent
bags.
C.
Other material shall be placed at the curb or as close to the curb
as possible so as to be accessible to a City refuse collection vehicle.
If City vehicles are required to enter private property for the collection
of material, such entry will be at the sole risk of the property owner.
D.
Recyclables shall be placed at curbside or at a central location
as determined by the City Engineer. Notice of curbside collection
or drop off at a central location shall be published in the City's
official newspaper for at least two consecutive weeks before the curbside
or central location drop off becomes effective.
E.
There will be no collection from residences where snow and ice have
not been cleared from access pathways or driveways.
F.
No material shall be placed curbside for collection earlier than
3:00 p.m. on the day before the day scheduled for collection.
G.
Normal collection procedures may be changed if they conflict with
scheduled holidays. Such changes shall be published in the local official
newspaper.
H.
No garbage or waste as defined in this article shall be dumped, thrown,
placed or emptied into or on a public or private property in the City
of Amsterdam except in accordance with the provisions of this article.
I.
External storage of mattresses, used tires and interior appliances
are prohibited in areas zoned as residential.
J.
External storage of construction materials such as lumber, shingles,
sheetrock, bricks and the like, that are not incorporated into an
existing structure or landscape component or are not the subject of
an active building permit at the site where they are located are prohibited
in areas zoned as residential.
A.
From the time of placement of garbage and other waste for collection,
such material shall be municipal property. It shall be unlawful for
any person, firm or corporation to collect, pick up or cause to be
collected or picked up any such material without the express written
authorization of the City of Amsterdam. Each such collection shall
constitute a separate violation.
B.
Nothing in this article shall prevent any person, business or corporation
from making arrangements for the private collection of materials,
provided that such materials to be collected privately shall not be
placed at the curb immediately preceding the day for municipal collection
of such materials.
A.
The Sanitation Division of the Department of Public Works shall not
accept or pick up wood over three inches in diameter or over four
feet long; tree stumps; tree trunks; firewood; railroad ties; telephone
poles; discarded debris, such as lumber, concrete, plaster, dirt,
rock, brick, asphalt or large wooden crates or boxes; stones or quantities
of sod; flammable or highly combustible matter, such as cleaning establishment
wastes or other industrial wastes found to contain varnish, paint,
thinners or other dangerous materials; sawdust; explosives; ammunition;
oil drums, either full or empty; cans or barrels containing combustible
liquids; battery cases; tar paper roofing; tar cans; any large metal
products or abandoned machinery; dead animals; or any hazardous waste
as defined by Article 27 of the Environmental Conservation Law and
the regulations promulgated thereunder.
B.
The Sanitation Division of the Department of Public Works shall not
pick up from any business establishment during any collection more
than a total of:
(3)
Any combination of bags and bundles not to exceed six in number;
(4)
Unlimited number of thirty-gallon-size bag of leaves, during the
time set aside by the City Engineer for the leaf collection program;
or
(5)
Two Christmas trees, during the time set aside by the City Engineer
for the Christmas tree collection program.
C.
The Sanitation Division of the Department of Public Works shall not
pick up any material classified as toxic waste by 6 NYCRR 366, the
identification and listing of hazardous wastes pursuant to Article
27, Title 9, of the Environmental Conservation Law or any ensuing
legislation more restrictive than currently in force.
The solid waste user fee and the fees charged in connection
with the system for the disposal of specialty items, bulky metals
and bulky wastes shall be established and may be revised from time
to time by resolution of the Common Council. A schedule of fees shall
be posted at City Hall and at the Sanitation Division of the Department
of Public Works office and shall be published in the local official
newspaper of the City.
No person shall transport and attempt to dump curbside any waste
material originating outside the City. No person shall transport and
attempt to dump curbside any waste material at a property other than
at a property that is owned by the person or where the person is a
resident or tenant of the property.
No business owner, operator or employee shall place in a public
waste receptacle maintained by the City any waste material that originates
from a residence or from the operation of a place of business.
The City Engineer shall have the authority, subject to the approval
of the Common Council, to further limit or waive the above restrictions
on the quantities and types of wastes collected and to adopt regulations
relating to garbage and bulky waste which, when adopted and approved,
shall have the same status as the provisions of this article.
Failure to comply with §§ 201-19B (subsequent to a written warning issued within the preceding year), 201-21, 201-24, and 201-25 of this article shall be deemed a violation, as defined by the Penal Law of the State of New York punishable by a fine not to exceed $250 or imprisonment of not more than 15 days, or both such fine and imprisonment.
A.
An enforcement officer may issue an order to remedy any condition
that violates any provision of this chapter. Such an order shall specify
the noncompliant condition, the action needed to correct the condition
and the date by which the condition shall be corrected. The date shall
not be any earlier than seven days after the notice is mailed and
posted. The order to remedy shall be posted on the subject property
and served by first class mail on the owner of record. Failure to
comply with the order to remedy by the specified date shall constitute
a violation.
(1)
Any person who is found in violation of this section shall, upon
conviction thereof, be subject to a fine of not more than $500, or
imprisonment of not more than 15 days or both such fine and imprisonment.
(2)
The continuation of an offense against the provisions of this section
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
B.
An enforcement officer may issue an order to remedy any condition
that violates any provision of this chapter. Such an order shall specify
the noncompliant condition, the action needed to correct the condition
and the date by which the condition shall be corrected. The order
to remedy shall be posted on the subject property and served by first
class mail on the owner of record. Failure to comply with the order
to remedy by the specified date shall constitute a violation.
(1)
Any person who is found in violation of this section article, or
who has who has failed to appear pursuant to an appearance ticket,
shall, upon conviction thereof, be subject to a fine of not less than
$100, nor more than $500, or imprisonment of not more than 15 days
or both such fine and imprisonment.
(2)
The continuation of an offense against the provisions of this section
article shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
C.
Removal by City. In the event that the violation is not abated within
the prescribed time or, in the opinion of the City, the violation
is of such condition that immediate action must be taken to protect
the health and safety of the population of the City, the City, its
agents or employees shall be empowered to enter upon the subject premises
or any exterior portion thereof and to remove the items that constitute
such violation using the most practicable method available.
D.
Calculation of removal costs. Upon completion of the removal by the
City, the supervisor of the work crew shall prepare and submit a report
to the City Controller for reimbursement for the removal as follows:
Property owners shall be billed for services rendered so as to recover
the cost of labor and equipment and tipping fees, if applicable. A
mobilization charge of $100 shall be added to each bill for removal.
E.
Billing for removal costs and additions to tax levy. Any unpaid bills
for removal by the City as authorized above remaining unpaid after
30 days shall be added to the next City tax bill of the property owner
of record.
F.
The record owner(s) and all of the occupant(s) of the property shall
be deemed jointly and severally responsible for each and every violation
of any of the provisions of this article or of any of the rules promulgated
by the City Engineer.
G.
The failure of the City to take action against either the record
owner(s) or occupant(s) of the property for a violation shall not
be deemed to be a waiver of the City's right to enforce the provisions
of this article for subsequent violations.
H.
If no owner can be found in the City of Amsterdam as defined above
and the City of Amsterdam is unable to issue an appearance ticket
for violation of this article, the City, its agents or employees shall
be empowered to enter upon the subject premises or any exterior portion
thereof and to remove the items that constitute such violation using
the most practicable method available and a mobilization charge of
$250 and the actual costs of such removal and other additional costs
in connection therewith, shall be certified by the appropriate City
agent to the City Controller and shall thereupon become and be a lien
upon the property on which such removal occurred and shall be added
to and become and form part of the taxes next to be assessed and levied
upon such lot or land and shall bear interest at the same rate as
taxes and shall be collected and enforced by the same officer and
in the same manner as taxes.
No officer, agent or employee of the City of Amsterdam shall
render himself or herself personally liable for any damage that may
accrue to persons or property as a result of any act required or permitted
in the discharge of his or her duties under this article.
