[Adopted 2-18-1988]
As used in this article, the following terms shall have the meanings
indicated:
A watertight container constructed of galvanized metal or unbreakable
plastic which can withstand typical cold weather temperature (-20 F.) without
becoming brittle and which can stand up to normal use. A container shall not
exceed 20 gallons in capacity nor shall it weigh more than 30 pounds full,
and it shall be equipped with a tight-fitting cover and have two substantial
handles or bails for easy dumping. Plastic bags having at least a two-ply
or 1.3 mil thickness may be used if they are securely tied at the top and
are free from tears. Cardboard boxes may be used for trash and must be substantial
enough to prevent breakage or spillage and shall not be larger than two feet
in any dimension nor weight more than 30 pounds. Each such cardboard container
shall be securely tied on all sides.
[Amended 1-4-1996 by L.L. No. 1-1996]
Every waste accumulation of meat, vegetable or similar organic matter
that attends the preparation, use, cooking or storage of meat, fish, fowl,
fruit or vegetable and also includes tin cans, glass, paper cartons or other
cartons that have contained food materials.
All garbage and trash set out for collection shall be vested in the
Village once it is placed in or on the solid waste material collection trucks.
All such material is declared to be public property.
Includes all those items as described under the terms "garbage" and
"trash."
Includes discarded paper, rubber (excluding tires), cloth and leather
as well as inorganic waste, such as glass, porcelain, tin cans or other similar
matter, grass clippings, leaves and brush.
Includes all other rubbish not included within the definitions of
"garbage," "trash" or solid waste material," including but not limited to
ashes, rocks, concrete bricks and similar solid materials, lumber, plaster,
earth, roofing or any large chunks of materials weighing over 30 pounds, such
as automobile frames or parts thereof. Also excluded are furniture, appliances
and flammable or explosive substances, paint, thinners, solvents, pesticides,
acids and similar substances and refillable-type gas cylinders.
A.
Intent. The Village of Elmira Heights intends to continue
collecting solid waste materials once each week from family residences located
in the Village of Elmira Heights, provided that the occupants of these residences
comply with the requirements of this article.
B.
Purpose. The purpose of this article shall be to establish
the type and level of garbage service to be provided by the Village.
C.
Rationale for policy. The solid waste removal needs of
business or commercial establishments and not-for-profit organizations are
far greater than the needs created by residential dwelling units. The cost
of providing such expanded solid waste removal service would place an unacceptable
burden on the residential, nonbusiness taxpayers of the Village.
D.
Policy statement. The Village will provide once per week
collection of solid waste materials from family residences located within
the Village. Solid waste materials generated from business or commercial establishments
and not-for-profit organizations shall be obtained by such individuals or
organizations at their own expense through their hiring of a solid waste disposal
company of their choice.
E.
Source of solid waste. No solid waste or other refuse
materials shall be collected by the Village or placed outside for collection
by the Village except for solid waste materials generated at single- or double-family
residences located within the Village of Elmira Heights, New York. No person
shall move any materials or solid waste material from outside of the Village
into the Village or from one location within the Village to another location
within the Village in violation of or to evade the provisions of this article.
A.
Time and place for collection. On the day the collection
of solid waste materials is scheduled for any premises or not earlier than
2:00 p.m. of the night before collection is scheduled, all solid waste materials
shall be placed at the curbside of the street in front of the premises or,
where there is an alley, at the side of the alley next to the premises.
B.
Solid waste materials shall be placed in approved containers as described under § 190-4, Definitions. Residents using galvanized or plastic cans must keep them in good condition. If a container is defective or in such poor condition so as to permit insects or rodents to enter or to restrict dumping by the collector, the collector will notify the owner by affixing a notice of violation stating the deficiency. Collection crews will not collect contents of any container in violation of this article. Residents using plastic bags will be responsible for planning on breakage caused by animal tears. Containers shall be removed by their owners from the curbside or alleyway within 24 hours after collection.
C.
No person shall place anything for collection in the
public streets and public alleys of the Village except in accordance with
the terms of this article.
D.
The owner of any multiple dwelling shall furnish or require
his or her tenants to furnish proper garbage containers. Garbage containers
located at multiple dwellings being used by tenants shall each be conspicuously
marked so as to indicate the apartment or tenant to whom they belong.
A.
All garbage shall be drained and wrapped before being
placed in the container to prevent freezing or sticking to the container.
Containers shall not be filled to a point where the cover cannot be securely
placed on the container or the plastic bag cannot be securely tied to protect
against insects, animals rodents etc. to afford easy handling.
B.
Brush from tree limbs or bushes may be tied in bundles
not more than three feet long and weighing not more than 30 pounds each. Each
bundle shall be considered to be one container in determining the quantity
of materials which will be removed.
[Amended 1-4-1996 by L.L. No. 1-1996]
C.
All glass, all sharp corners and all sharp items shall
be securely wrapped to prevent damage to the plastic sack and to prevent injury
to any person collecting the plastic sacks.
A.
The Village of Elmira Heights will once each week pick
up a maximum of three containers weighing not more than 30 pounds each from
each one- or two-family residences located within the Village.
[Amended 1-4-1996 by L.L. No. 1-1996]
B.
The Village of Elmira Heights will once each week pick
up a maximum of two containers of solid waste weighing not more than 30 pounds
each from each residential dwelling unit located in buildings containing three
or more residential dwelling units.
[Amended 1-4-1996 by L.L. No. 1-1996]
It shall be unlawful for any person to deposit solid waste materials
or uncollectible materials within the public litter receptacles maintained
by the Village of Elmira Heights.
A.
It shall be unlawful to store or maintain solid waste
materials or uncollectible materials upon any premises in such a manner as
to allow it to become offensive, noisome or a danger to public health.
B.
It shall be unlawful to deposit or leave solid waste
materials or uncollectible materials in such a place or condition that it
can be blown by the wind so as to be scattered or cause clouds of dust or
particles or to otherwise become noisome, offensive or a danger to public
health.
A.
No person shall tamper with any plastic bag or other
approved container containing solid waste materials. No person shall tamper
with any bundle or box of materials placed for collection under this article.
No person shall interfere with or tamper with any receptacle placed for collection
in accordance with this article.
B.
No owner of any dog or other animal shall permit such
animal to damage or open any plastic sack or approved container or any bundle
of papers or tree limbs or shrubs anywhere in the Village.
C.
It shall be the responsibility of the animal owner to
control the actions of the animal.
[Amended 11-6-1997 by L.L. No. 1-1997]
Open burning shall be unlawful within the Village of Elmira Heights,
New York, located within the County of Chemung.
A.
No open burning of garbage, rubbish or any other organic
refuse generated by land clearing, construction or recreation shall be allowed
without proper permit.
B.
No creating an unsafe fire or allowing a fire to spread
and the resultant smoke interfere with others shall be allowed.
C.
No discarding of flaming or glowing objects near combustible
materials shall be allowed.
D.
Cooking fires will be allowed in approved outdoor cooking
appliances only.
E.
Bonfires are not allowed unless proper New York State
Department of Environmental Conservation permits are obtained. (The resultant
smoke shall not interfere with others.)
It shall be unlawful to place, deposit, leave or dump any solid waste
materials or uncollectible material of any kind on any premises in the Village
without the consent of the owner or tenant in possession thereof. For the
purpose of this section, vehicles or parts of vehicles not in condition for
normal use shall be considered as junk or uncollectible materials.
The Village or its agents shall not pick up materials placed for collection
in violation of any of the terms of this article. Each collection crew shall
carry a supply of printed cards listing the most common reasons for refusing
to collect refuse. There shall be a space for a checkmark next to the statement
which explains the reason for their refusal to collect the material involved
and they shall give the card to the resident or occupant of the premises.
If no person can be found at the premises, the crew will leave the card on
the container or the material which were not removed.
A.
Responsibilities.
(1)
The owner, lessee, occupant or person in control of any
lot in the Village of Elmira Heights shall keep such lot free from all obstructions,
debris, rubbish, salvage materials, solid waste materials, uncollectible materials
or miscellaneous refuse of any kind.
(2)
If any such owner, lessee, occupant or person in control
of any such lot shall fail to so remove any such obstructions, rubbish, salvage
materials or miscellaneous refuse of any kind as aforesaid within seven days
after notice by the Village to do so, the Village may itself affect such removal
and assess to the real property a charge per square yard at the current price,
with a minimum charge as set forth from time to time by resolution of the
Board of Trustees per single lot, said charges to become a lien on said real
property and to be added to the tax bill for said real property.
(3)
Service of such notice may be made personally or by mail
or by leaving such notice with a person of suitable age or discretion in any
building upon any such lot or, in the case of a vacant lot where the address
of the owner, lessee, occupant or person in control thereof is not known,
by affixing said notice to some object thereon where it is likely to be seen.
B.
Appeals.
(1)
Appeals of an order may be taken as follows: within seven
days of the date of the order, the aggrieved party may appeal to the Board
of Appeals by filing, in writing, at the Village Clerk's office a statement
identifying the date of the order appealed from, the reasons for the appeal
and the name, address and telephone number of the party appealing, accompanied
by a check to the Village of Elmira Heights for a fee as set forth from time
to time by resolution of the Board of Trustees to cover the cost of the appeal.
(2)
Thereafter, the Clerk shall schedule a hearing to take
place no later than 14 days from the date of the order, and the Clerk, within
10 days of the date of the order, shall mail or deliver to the last known
address of the applicant and to the owners and occupants of all property within
two 200 feet of the subject parcel a notice of hearing notifying them of the
date, place and time of the hearing and reciting a short statement concerning
the request for the appeal.
(3)
There shall be a Board of Appeals comprised of the Mayor
and Village Trustees having the powers and duties specified below:
C.
Variances. Variances may be granted only upon a finding
as follows:
(1)
The strict application of this article would deprive
the occupant of the reasonable use of his or her land.
(2)
The strict application of this article would result in
practical difficulties or unnecessary hardship.
(3)
The lot in question has unique topographic or other physical
characteristics unlike those of other lands within the Village.
(4)
The variance will not allow the property to substantially
decrease the aesthetic beauty of the Village.
(5)
The variance granted is the minimum variance that will
accomplish the purpose.
A.
Maintenance.
(1)
The owner, lessee, occupant or person in control of any
lot in the Village of Elmira Heights shall keep such lot free from all brush,
briers, weeds, obstructions, debris, manure, rubbish, salvage materials or
miscellaneous refuse of any kind and shall mow the lawn at said lot to a height
no more than eight inches above the soil.
(2)
The owner, lessee, occupant or person in control of any
lot in the Village of Elmira Heights shall keep that portion of the public
right-of-way immediately adjacent to said lot and lying between the property
line of said lot and the street, which area is commonly referred to as the
“curb area,” free from all brush, briers, weeds, obstructions,
debris, manure, rubbish, salvage materials or miscellaneous refuse of any
kind and shall mow the lawn of said curb area to a height of no more than
eight inches above the soil.
[Added 12-6-2005 by L.L. No. 1-2005]
(3)
If any such owner, lessee, occupant or person in control
of any such lot shall fail to mow the lawn of said lot and/or the adjacent
curb area or to remove any such woods, brush, briers, obstructions or manure,
rubbish, salvage materials or miscellaneous refuse of any kind from said lot
and/or the adjacent curb area within seven days after notice by the Village
to do so, the Village may itself effect such removal or mowing and assess
to the real property a charge per square yard at the current price, with a
minimum charge as set forth from time to time by resolution of the Board of
Trustees per single lot, said charges to become a lien on said real property
and to be added to the tax bill for said real property.
[Amended 12-6-2005 by L.L. No. 1-2005]
(4)
Service of such notice may be made personally or by mail or by
leaving such notice, with a person of suitable age or discretion in any building
upon any such lot or, in the case of a vacant lot where the address of the
owner, lessee, occupant or person in control thereof is not known, by affixing
said notice to some object thereon where it is likely to be seen.
[Amended 12-6-2005 by L.L. No. 1-2005]
B.
Appeals.
(1)
Appeals of an order may be taken as follows: within seven
days of the date of the order, the aggrieved party may appeal to the Board
of Appeals by filing, in writing, at the Village Clerk's office a statement
identifying the date of the order appealed from, the reasons for the appeal
and the name, address and telephone number of the party appealing, accompanied
by a check to the Village of Elmira Heights for an amount as set forth from
time to time by resolution of the Board of Trustees to cover the cost of the
appeal.
(2)
Thereafter, the Clerk shall schedule a hearing to take
place no later than 14 days from the date of the order, and the Clerk, within
10 days of the date of the order, shall mail or deliver to the last known
address of the applicant and to the owners and occupants of all property within
200 feet of the subject parcel a notice of hearing notifying them of the date,
place and time of the hearing and reciting a short statement concerning the
request for the appeal.
(3)
There shall be a Board of Appeals comprised of the Mayor
and Village Trustees having the powers and duties specified below:
C.
Variances. Variances may be granted only upon a finding
as follows:
(1)
The strict application of this article would deprive
the occupant of the reasonable use of his or her land.
(2)
The strict application of this article would result in
practical difficulties or unnecessary hardship.
(3)
The lot in question has unique topographic or other physical
characteristics unlike those of other lands within the Village.
(4)
The variance will not allow the property to substantially
decrease the aesthetic beauty of the Village.
(5)
The variance granted is the minimum variance that
Any part of the operation of the Village solid waste disposal may be
done by contract with any enterprise offering the type of service required.
This includes but is not limited to maintenance of vehicles and equipment,
operation of an incinerator, collection of solid waste materials along routes
or any other component of solid waste collection and disposal service of the
Village. No such contract will be entered into without the approval of the
Village Board of Trustees.
A.
The Village may elect whether to prosecute violations
of this article by a civil action or as a violation prescribed by the Penal
Law of the State of New York.
B.
Any person from a corporation found to have violated
any provision of this article shall be punished as follows:
(1)
In a civil action, persons shall be fined not less than
$5 nor more than $250 for each offense.
(2)
In a violation prosecution, person shall be fined not
more than $250 or by imprisonment not exceeding 15 days, or by both such fine
and imprisonment for each offense.
(3)
A separate offense shall be deemed committed on each
separate day during on which a violation occurs or is continued.
