[Adopted 4-27-2004 by Ord. No. 3-2004[1] ]
[1]
Editor's Note: This ordinance also repealed
former Art. III, Storage and Disposal, adopted 7-7-1964 by Ord. No.
51-1964, as amended.
This article shall be known and may be cited
as the "City of Cohoes Waste Disposal Ordinance."
A.
Residential property shall be defined herein as those
parcels containing a structure that comprises one, two, or three dwelling
units.
[Added 3-22-2005 by Ord. No. 6-2005; amended 5-25-2005 by Ord. No. 10-2005; 5-27-2008 by Ord. No.
5-2008]
(1)
Included in the definition of “residential property”
shall be those properties falling under the New York State Office
of Real Property Services Classification Codes: 471, "Funeral Homes"
and 483, "Converted Residences or Residential with Partial Office
Space."
B.
Residential properties that are occupied shall have
one sixty-five-gallon waste container issued to it and delivered by
the City or its agent at no charge. City issued waste containers shall
be inscribed with a serial number and matched with the owner of the
property. A residential property owner may substitute a City issued
thirty-five-gallon or ninety-five-gallon waste container, if available,
at no charge by making that request to the Commissioner of Public
Works. At the initial outset of this waste collection program discussed
herein, the Commissioner of Public Works will post public notice and
attempt to contact affected properties to make them aware of the new
law and program, as well as any restrictions on receiving different
size waste containers.
C.
Residential property owners may purchase an additional,
or replacement, waste container(s) for an amount to be approved by
the Board of Managers, based on cost to the City. Only two containers,
regardless of the size, are authorized to be put out for collection
from each residential property.
D.
All solid waste, trash, and garbage for collection
by the City must be placed in the City-issued waste containers. It
shall be unlawful to put out for collection any solid waste, trash,
rubbish, offal, or garbage in any container or bag not issued by the
City of Cohoes. A violation of this subsection shall be deemed a violation
by both the property owner, even if not the person actually depositing
unauthorized trash for collection, and the person actually depositing
unauthorized trash for collection, even if not the owner of the property.
E.
It shall be unlawful for a person to deposit any solid
waste, trash, rubbish, offal, or garbage in any City-issued waste
container issued to a residential or commercial property at which
that person is not a resident, owner, or manager, without consent
of the owner of the City-issued waste container.
F.
Residential properties may purchase overflow trash collection bags for a fee that shall be set from time to time by the Board of Managers. Said bags shall be available for purchase from the Department of Public Works and shall enable a residential property owner to put out solid waste, for collection on a specified pickup day, that would otherwise be a violation of this article. The Commissioner of Public Works may also authorize drop-off of solid waste at a site specified pursuant to Article VI of this chapter.
[Amended 5-24-2005 by Ord. No. 10-2005]
G.
During the week immediately following the holidays
of Thanksgiving, Christmas, New Year's Day, and Easter, the City shall
collect overflow trash in containers or bags that would otherwise
be a violation of this article.
[Amended 6-22-2004 by Ord. No. 4-2004]
A.
It shall be the duty of every person, firm, partnership
or corporation owning, or having the management or control of, any
residential property to provide sufficient City-issued waste containers,
to a maximum of two ninety-five-gallon containers, to hold all accumulations
of garbage, trash, waste, offal, ashes and any other offensive waste
substances ordinarily accumulated on the premises.
B.
Notwithstanding any other provision in this article
to the contrary, a property owner of a residential structure housing
three or four dwelling units may notify the Commissioner of Public
Works of his or her choice to substitute up to three thirty-five-gallon
containers for a residential structure housing three dwelling units,
or up to four thirty-five-gallon containers for a residential structure
housing four dwelling units, for the otherwise maximum of two ninety-five-gallon
containers. If this option is exercised, the first thirty-five-gallon
container would be issued at no charge, and the additional two or
three thirty-five-gallon containers could be purchased for an amount
to be approved by the Board of Managers. Notwithstanding any other
provision of this article to the contrary, all three or four of said
thirty-five-gallon containers would he authorized to be put out for
collection from each residential property exercising this option.
No person, firm or corporation shall place waste
material as defined below in any City-issued waste container:
A.
Explosives or munitions.
B.
Combustible liquid or gas containers, bottles, cylinders
or cans.
C.
Caustic acids, corrosives, chemical or other hazardous
materials.
D.
Liquid wastes or slurry wastes.
F.
Paint.
G.
Tree trunks, stumps, branches, lumber or limbs over
four inches in diameter or over five feet in length, and the same
shall be tied in bundles not over 75 pounds.
H.
Slag, rock, sand, brick or concrete.
I.
Thick-walled or solid metallic objects, such as castings,
forgings, gas cylinders or large motors.
J.
Steel or nylon rope, cables or slings more than four
feet long.
K.
Case-hardened or alloy steel chains over 3/8 inch
in diameter or more than four feet long.
L.
Rolls of carpet or fencing over 12 inches in diameter.
M.
Animal wastes, unless in sealed plastic containers,
or parts of animals.
N.
Automotive or larger size tires.
O.
Solid blocks or rubber or plastic in excess of two
cubic feet.
[Amended 5-24-2005 by Ord. No. 10-2005]
All City-issued waste containers shall be placed
at the curb for collection or in other areas as designated by the
City of Cohoes. No City employee shall enter upon private property
for trash collection and shall not collect unauthorized materials
placed in City-issued waste containers.
No person, firm or corporation shall place City-issued
waste containers at any designated area for collection prior to 5:00
p.m. of the day immediately preceding the scheduled collection time
for such designated area. City-issued waste containers must be removed
from the front of the property or any designated area for collection
prior to 9:00 p.m. of the day of collection and may not be stored
in front of the property.
A.
Commercial property shall be defined herein as those
parcels containing a structure that comprises four or more dwelling
units or houses a business or nonresidential entity.
[Amended 5-27-2008 by Ord. No. 5-2008]
B.
Commercial properties must provide for private collection of any waste material, trash, rubbish, or garbage. Any dumpsters must be covered and may require a barricade permit pursuant to § 244-1C of this Code.
C.
Commercial properties may opt-in to the residential
City waste collection program; a commercial property owner or manager
may contact the Commissioner of Public Works and apply for a commercial
waste collection opt-in permit and, upon approval, receive up to two
ninety-five-gallon City-issued waste containers.
D.
Upon receipt of a commercial waste collection opt-in
permit, said commercial property is subject to all applicable laws,
fees, rules and regulations set forth in this article regarding City-issued
waste containers and City waste collection.
E.
An annual fee of $235 shall be payable to the City
upon the receipt or renewal of a commercial waste collection opt-in
permit. Said permit shall be issued effective July 1 of each year
and shall expire on June 30 of the following year. Should an opt-in
permit be purchased after July, the amount of the fee for said permit
shall be prorated based on number of months until the June 30 expiration
date.
[Amended 6-27-2006 by Ord. No. 8-2006; 5-27-2008 by Ord. No.
5-2008; 5-26-2009 by Ord. No. 3-2009]
F.
Owner-occupied parcels containing a structure that
is comprised of four dwelling units may receive a reduced annual fee
of $165 that is payable to the City upon receipt or renewal of a commercial
waste collection opt-in permit and proof of owner occupancy under
the requirements of New York State's School Tax Relief (STAR) Program.
Said permit shall be issued effective July 1 of each year and shall
expire on June 30 of the following year. Should an opt-in permit be
purchased after July, the amount of the fee for said permit shall
be prorated based on number of months until the June 30 expiration
date.
[Added 5-27-2008 by Ord. No. 5-2008[1]]
[1]
Editor's Note: This ordinance also redesignated
former Subsection F as Subsection G.
The City may institute an action at law against
the owner of said property to recover any such costs and fines as
are outlined under this article.
Any accumulation of waste material resulting
from failure of any person to comply with any provision of this article,
including unauthorized or hazardous materials, or any waste building
materials in excess of 100 pounds, shall be removed by such person
at his own expense. Such failure to comply shall be a violation of
this article and, if materials are removed by the City, additional
costs may be charged as set forth herein.
Nothing in this article shall be construed as
denying any person the right to maintain a mulch pile or accumulation
of grass cuttings, leaves or other inoffensive materials on his own
or leased property, as long as dust, odors or other nuisances are
not permitted to develop from the resulting compost. Nothing in this
article shall be construed as denying any person the right to use
ashes or other clean material as fill on his own property, so long
as dust or any other nuisance is not permitted to develop.
[Amended 5-24-2005 by Ord. No. 10-2005; 5-24-2016 by Ord. No.
2-2016]
A.
Any person, firm or corporation found in violation of this Article III shall be subject to a fine of not more than $250 or up to 15 days in jail, or both, for each violation thereof. Appropriate amounts of community service may be substituted for fine or jail. Each day that the violation continues shall be a separate offense. In addition, in the cases where a City of Cohoes Code Enforcement Officer or garbage enforcement officer, as defined in § 239-22 herein, has identified any improperly placed material within the City right-of-way (ROW), the City of Cohoes may remove said material and charge the adjacent property owner or any violator under this article a fee not less than $175 nor exceeding $250 or the actual cost of removal of garbage, junk, or other offal placed within the City of Cohoes in violation of this article, whichever is greater, in the first instance for a given property owner or violator. For a second offense in violation of this article, property owners or violators will be charged a fee not less than $250 nor exceeding $500 or the actual cost of removal, whichever is greater. For the third and all subsequent offenses in violation of this article, property owners or violators will be charged a fee not less than $1,000 or the actual cost of removal, whichever is greater. This civil charge shall be in addition to any fines levied under this article and may be collected as restitution as defined in the New York State Penal Law, or said charge may be assessed as a lien against the property concerned and collected by the City, like other taxes and assessments. Before the assessment of any lien against the land, the owner, as indicated by the latest records of the City Assessor, shall be provided with notice and an opportunity to be heard. Said notice, whether in the form of the order to remove or other, shall be served by regular mail to the last known address and by affixing to the residence or most obvious structure on the property concerned where possible.
B.
In cases where a City of Cohoes Code Enforcement Officer or garbage enforcement officer, as defined in § 239-22 herein, has identified any improperly placed material within the property boundaries, said officer may issue an order to remove the material. Said order to remove shall serve as notice that the owner of the affected property must remove said improper material within 24 hours of the issuance of the order or the City of Cohoes may remove said material and charge any violator under this article a fee not less than $175 or the actual cost of removal of garbage, junk or other offal placed within the City of Cohoes in violation of this article, whichever is greater, in the first instance for a given property owner or violator. For a second offense in violation of this article, property owners or violators will be charged a fee not less than $250 nor exceeding $500 or the actual cost of removal, whichever is greater. For the third and all subsequent offenses in violation of this article, property owners or violators will be charged a fee not less than $1,000 or the actual cost of removal, whichever is greater. This civil charge shall be in addition to any fines levied under this article and may be collected as restitution as defined in the New York State Penal Law, or said charge may be assessed as a lien against the property concerned and collected by the City, like other taxes and assessments. Before the assessment of any lien against the land, the owner, as indicated by the latest records of the City Assessor, shall be provided with notice and an opportunity to be heard. Said notice, whether in the form of the order to remove or other, shall be served by regular mail to the last known address and by affixing to the residence or most obvious structure on the property concerned where possible.
A.
The Director of Code Enforcement of the City of Cohoes
is hereby authorized and empowered to appoint no more than five garbage
enforcement officers who shall assist the Department of Public Works
in the enforcement of this article. The Director of Code Enforcement
and such appointed garbage enforcement officers as provided herein
shall have the power to issue appearance tickets or summonses to any
person for apparent violation of any of the provisions of this article.
B.
Employees of the Department of Public Works assigned
to sanitation will work in cooperation with the Director of Code Enforcement
to implement enforcement of this article.
C.
The Board of Managers may promulgate rules and regulations
with respect to the establishment of this program set forth in this
article, not in conflict with the provisions of this article, that
shall have the same force and effect as if they were specifically
set forth herein.
