This chapter shall be known and may be cited
as the "City of Batavia Garbage and Refuse Ordinance."
As used in this chapter, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
Waste from building construction, alterations or repair,
dirt from excavations or similar waste products from construction
sites.
Animal wastes, fish, fowl, fruit, vegetable matter and such
similar wastes incident to the preparation, cooking and serving of
food and the handling, storage and sale of food and produce products.
Leaves, grass, garden clippings, hedge trimmings, weeds,
brush and tree branches.
Any person offering to collect and dispose of refuse materials
from private properties for financial remuneration.
Solid waste products and materials incident to housekeeping
and the conduct of commercial enterprises, including, but not limited
to, garbage, paper, cartons, boxes, wood, discarded furniture, metal,
tin cans, glass, dirt, ashes and similar solid waste products. The
term "refuse" shall be inclusive of all other terms therein defining
any other wastes but shall exclude, however, all excluded items as
herein defined.
All other miscellaneous solid waste materials and refuse
from housekeeping and commercial enterprises other than garbage and
excluded items as herein defined.
A.
Accumulations.
(1)
Refuse shall not be permitted to accumulate on any
private or public property within the City in such manner as would
tend to create a nuisance, health menace or in any manner be injurious
to the health or welfare of the inhabitants of the City.
(2)
It shall be unlawful and a violation of the article
for any person, corporation, association, etc., being the owner, tenant
or person, etc., in title and/or in possession of real property to
accumulate and/or store, for any purpose whatsoever, used vehicle
tires exceeding, in the cumulative, 1,000 cubic feet.
B.
Containers. All containers shall be a plastic trash
bag, metal or plastic trash can with handles, or any other type of
metal or plastic container that is suitable for the storage of solid
waste, which will not deteriorate or break apart when wet. This definition
shall specifically exclude cardboard, wood, paper or paperboard containers.
C.
Regulations and restrictions.
(1)
All solid waste shall be stored in containers.
(2)
All containers shall be maintained in a clean, watertight
and good condition. All containers kept or placed out of doors, other
than plastic garbage bags, shall be provided with tight-fitting lids
or covers. All plastic bags shall be securely tied.
(3)
Except when set out for collection, containers shall
be located either indoors, in a completely enclosed structure or facility,
or in the rear of premises, obstructed from view from any adjacent
street and/or sidewalk. Within 24 hours of waste collection, emptied
containers shall be returned to an approved storage location.
(4)
No refuse shall be placed at curbside before 3:00
p.m. on the day prior to scheduled collection.
A.
Property
owner’s responsibility. The property owner shall be responsible
for removing and disposing of refuse from the property owner’s
parcel.
B.
Location
of containers. Containers placed in the right of way for collection
shall not occupy any portion of the street or public sidewalk.
C.
Removal
of garbage and refuse. In the event that garbage, trash, recyclables,
appliances, construction waste, yard waste, bulk items or other refuse
is not collected and properly disposed or is placed for collection
and is not removed within 24 hours of placement, the Director of Public
Works or his/her designated representative shall notify, by regular
mail and by affixing to the front door, any such persons that they
are in violation of this section.
Every vehicle used to collect and remove rubbish
or trash in the City shall be constructed and equipped as follows:
A.
Construction of the vehicle shall be such that trash
or rubbish loaded thereon shall be securely contained.
B.
The vehicle shall be equipped with a permanently attached
cover either of rigid construction or a fabric material.
C.
The vehicle shall be equipped with sides of rigid
material, either wood or metal, of such type so as to securely contain
trash and rubbish.
D.
The vehicle shall be equipped with a solid tailgate
or rear doors of rigid construction of a height equal to the sides
of the truck which, when closed, shall securely hold or contain all
trash or rubbish.
[Amended 12-11-1995]
A.
It shall be unlawful for any person to deposit, dump,
scatter or leave any garbage, lawn and yard waste material, refuse,
rubbish, trash, hazardous waste, recyclables or any other materials
or items of any kind or nature, upon private property or any portion
thereof, or upon any public street, parkway, public sidewalk, alley,
parking lot or other public property; except pursuant to the terms
and conditions for the proper disposal of items in the relevant portions
of the City of Batavia Municipal Code, and except upon approved public
disposal sites as may be designated by the Council, and except where
certain of these materials are used in a normal manner for improving
property by grading, filling, fertilizing or resurfacing.
B.
It shall be a violation of this section concerning
private property or any portion thereof without regard to whether
or not the person in violation owns the property in question or without
regard as to whether or not the person in question has permission
from the owner of the private property if the violator does not own
the same.
C.
The property owner shall be legally responsible for
violations of any provision of this chapter, including violations
located within the public right-of-way immediately adjoining his/her
property.
A.
All dumping or depositing of refuse at any City disposal
site shall be done only at the direction of and in the manner prescribed
by the City's employees or its agents. Dumping shall be confined to
such area or areas as may be designated.
B.
It shall be unlawful for any person or persons to
dump or deposit any refuse at the disposal site except on the days
and during the hours designated by resolution of Council. The days
and hours when dumping is permitted shall be conspicuously posted
at the disposal site.
C.
It shall be unlawful for any person to start a fire
at the disposal site.
D.
No salvaging or scavenging shall be permitted on the
disposal site.
A.
Notice. When the Director of Public Works or his/her designated representative
deems it necessary, he/she shall notify, by regular mail and by affixing
to the front door, any such persons that they are in violation of
this section. Said notice shall be in substantially the following
form:
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TO THE OWNER AND OCCUPANTS OF PROPERTY IN THE CITY OF BATAVIA:
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Please take notice that you are hereby required to remove all
garbage, trash, recyclables, appliances, construction waste, yard
waste, bulk items or other refuse and debris from the private property
and/or the public right-of-way immediately adjoining the private property
owned or occupied by you, and to comply with the ordinance of the
City of Batavia relative to garbage and refuse. In the event of your
failure to remove such debris, the Director of Public Works or his/her
duly designated representative may cause such garbage, refuse and
debris to be removed, and the actual cost of removal plus $250 for
inspection and other additional costs in connection therewith, shall
thereupon become and be a charge and lien upon your property and shall
be collected the same as other taxes upon your property.
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Where a violation occurs more than once during the same calendar
year with respect to the same parcel of property, a surcharge of $100
shall be added to the above costs and expenses. Where multiple properties
are referenced in a notice, decision and/or order, the surcharge of
$100 shall apply to each separate parcel of property.
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B.
Failure to comply with notice.
(1)
If the provisions of the foregoing subsections are not complied with
within two days of the date of mailing and by affixing to the front
door of the notice hereinbefore provided for, the Director of Public
Works or his/her duly designated representative may remove the garbage,
refuse and debris. The actual cost of such removal, plus $250 for
inspection and other additional costs in connection therewith, shall
be billed to the property owner, a copy of which shall be forwarded
to the City Clerk/Treasurer by the Director of Public Works or his/her
duly designated representative. Thirty days after the billing date,
all unpaid charges will become and be a lien upon the property on
which said garbage, refuse and debris was located and shall be added
to and become and form a 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 levied and assessed against such property,
or the same may be collected by suit against the owner or owners in
the name of the City.
(2)
Any person who shall fail, neglect or refuse to comply with the provisions
of any notice herein provided for or who shall resist or obstruct
the Director of Public Works or his/her duly designated representative
or his/her employees in removing of garbage, refuse and debris shall,
upon conviction thereof, be subject to a penalty as hereinafter provided,
and each day on which such violation continues shall constitute a
separate offense.
C.
Upon receipt of a hearing request, the Director of Public Works shall
set a date, time and place for the same as soon as practicable. The
Director shall cause written notice to be given to a representative
of the City Inspection Department and to the person requesting the
hearing not less than 10 days prior to said scheduled hearing date.
D.
At the date, time and place specified in the notice, the City Manager
or his designee shall serve as the Hearing Officer and shall conduct
the hearing. The hearing shall be conducted informally by the Hearing
Officer, and oral or documentary evidence pertinent to the facts and
issues raised by the City Inspection Department and other interested
parties shall be received without regard to admissibility under the
rules of evidence applicable to judicial proceedings. All parties
to the hearing shall be afforded a fair hearing providing the basic
safeguards of due process, including, but not limited to, the right
to counsel, the right to cross examine witnesses, the right to present
relevant evidence as well as the right to review adverse evidence.
E.
Following the close of the hearing, the Hearing Officer shall make
a decision and order as to whether a violation of this chapter has
occurred and, if so, the manner and time limits within which the same
shall be corrected and/or what charges and costs should be assessed.
Such decision and order shall be made in writing, and a copy shall
be delivered to each participant in the hearing either personally
or by first-class mail.
F.
Where a violation occurs more than once during the same calendar
year with respect to the same parcel of property, a surcharge of $100
shall be added to the above costs and expenses. Where multiple properties
are referenced in a notice, decision and/or order, the surcharge of
$100 shall apply to each separate parcel of property.
G.
In lieu of the foregoing, the Director of Public Works or his/her
designated representative may issue and serve an appearance ticket
for violation of this chapter to persons within the City of Batavia
returnable in the City Court.
A.
Any violation of this article shall be punishable
by a fine of not more than $250 or imprisonment for not more than
15 days, or both.
B.
The continuation of any violation for each successive
day shall constitute a separate offense, and the person allowing or
permitting the continuation of a violation may be punished as above
provided for each separate offense.
