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City of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
[1]
Editor's Note: Local Law No. 5-1986, adopted 9-22-1986, establishing a system of user fees for sanitation services supplied to commercial properties, added Secs. 9.01 to 9.04 to this article, which local law was subsequently repealed 11-24-1986 by L.L. No. 7-1986.
[Added 9-14-1987 by L.L. No. 4-1987]
There shall be a Department of Public Works, headed by the Superintendent of Public Works and including a Division of Streets and Bridges and a Division of Sanitation. The Department shall also have control over all City parks and rivers.
[Added 9-14-1987 by L.L. No. 4-1987]
The Superintendent of Public Works, as the head of the Department of Public Works, shall have supervision and control of the Division of Streets and Bridges and the Division of Sanitation. He shall have administrative control over the Department and such other functions and duties as may be assigned by the City Manager.
[Added 1-25-1988 by L.L. No. 2-1988]
A. 
The owners of all properties where dumpsters are serviced by the City, within the City of Newburgh, shall be charged for the removal of wastes generated by such properties at a rate as set forth in Chapter 163, Fees, of this Code. A dumpster is defined as having a volume not exceeding two cubic yards. Dumpsters exceeding two cubic yards will not be serviced by the City.
[Amended 10-10-1989 by L.L. No. 3-1989; 6-14-2010 by L.L. No. 7-2010]
B. 
The above charges shall be made on all properties where collection of dumpster wastes by the City has been requested. The owner of each such property must file an application or a dumpster permit for such property.
C. 
The charges imposed by this local law shall be billed to each owner on a monthly basis. No refunds or proration shall be made for rendering of only a partial month's services. No change in charge or service shall become effective other than as of the first day of a month.
D. 
The Council shall adjust the above rates from time to time so that the amount charged shall be sufficient to fund the operating costs of garbage collection services, together with an appropriate proportional share of such capital improvements, principal and interest payments on bonds that may be issued to finance such garbage collection operations, and such other related expenses as the Council may deem necessary to fund collection operations, all under the Sanitation Fund.
[Amended 6-14-2010 by L.L. No. 7-2010]
[Added 1-25-1988 by L.L. No. 2-1988]
A. 
Overdue and unpaid dumpster user fees shall become liens against the real property to which they relate at the same time and in the same manner as uncollected water rents become liens and shall be collectible against such real property in the same manner as is or may be prescribed by law for the collection of taxes for the City of Newburgh for City purposes. Like notices shall be given by the City Collector.
B. 
Interest, penalties and fees shall be the same as for the collection of water rents, and, in all respects, like proceedings shall be had by the City Collector as is or may be provided by law for the collection of water rents.
C. 
The amount so charged shall be collected and enforced in the same manner and in the same time as may be provided by law for the collection and enforcement of City taxes and such service charges, interest and penalties thereon shall be a lien on the real property on which the charges accrued.
The City Engineer and Surveyor shall do all the civil engineering and surveying of the City, prepare the specifications for all public works and public buildings when required by the Council and shall supervise such public works and the construction of such public buildings as may be directed by the Council. Nothing herein provided, however, shall be construed as restricting or limiting the power of the Council to employ consulting engineers in special or difficult cases.
All streets, avenues, roads, alleys, lanes, concourses and public squares in public use within the City heretofore or hereafter laid out as streets or public highways under any law of this state or under any proceedings authorized by the statutes of this state; all streets, avenues, roads, alleys, lanes, concourses and public squares not laid out or opened under any statute of this state or by proceedings authorized by such statute but which have been worked or improved by the City and used as public streets or highways for 10 years or more; and all streets heretofore dedicated to the public use in pursuance of law or hereafter dedicated and accepted by the Council as provided in this Act, shall be deemed public streets of the City.
Whenever any street, park, square or other land shall have been dedicated to the public use, the Council shall accept such dedication by ordinance. Before any street, park or square shall be so accepted, the Council shall cause a survey, map or description thereof either to be made by the City Engineer or approved by him in writing and by him reported to the Council, stating the exact location, the course, distance, width and boundary of the street, park, square or land so accepted. Such description shall be entered at length in the minutes of the Council, and such map shall be filed in the office of the City Clerk, and copies thereof duly certified by the City Clerk shall be presumptive evidence in any suit or proceedings of the location of such street, park, square or land.
The Council may, by ordinance, cause all streets, public parks, squares or other public places in said City that have been used for 10 years or more and are not sufficiently described or have not been duly recorded in the public records to be ascertained, described and entered of record in its minutes, and a record thereof and of such as shall hereafter be laid out, or of such as have been dedicated and accepted by the Council, or a copy of such record certified by the City Clerk shall be evidence of the existence and location of such street, park, square and other public places as therein described.
The Council shall not change the grade of any street which has been legally established, except upon compensation for damages done, but nothing herein contained shall be construed to require compensation for damages to be ascertained or paid prior to the making of change in grade.
[Added 12-9-1996 by L.L. No. 3-1996]
Where the owner of any premises shall fail or neglect to perform any work required by this charter, by any ordinance of the City or by any order of a City Officer having jurisdiction, the City Manager or other City Officer having jurisdiction may cause such work to be performed. A bill for the expenses incurred by such work shall be mailed to such owner at his last place of residence or, if his place of residence is unknown, it shall be mailed him addressed to him at the property affected. If he shall fail to pay the same within 10 days thereafter, the City Manager or other City Officer having jurisdiction shall file his certificate of the actual cost of the work, together with a statement of the property in front of which the cleaning was done, with the officer or board charged with the assessment of the property. Such officer or board shall, in the preparation of the next assessment roll of general City taxes, assess said amount with 8% interest to date upon such property, and the same shall be levied, corrected, enforced and collected in the same manner by the same proceedings, at the same time, under the same penalty and shall constitute the same lien upon the property assessed as the general City tax and shall be considered a part thereof. Said authority shall be in addition to all other powers of the City to seek a civil judgment, prosecute for a violation of law or ordinance or any other authority granted by charter, statute, law, ordinance or regulation of the City.
[Amended 12-9-1996 by L.L. No. 3-1996]
It shall be the duty of the owner or occupant of property abutting a street, highway, travelled road, public lane, alley or space to maintain and repair the sidewalk adjoining his land and keep such sidewalk and the gutter free and clear of snow and ice and other obstructions. Such owner or occupant shall and each of them shall be liable for any injury or damage by reason of commission, failure or negligence to make, maintain or repair such sidewalk.
[Added 7-8-1991 by L.L. No. 3-1991]
The Division of Sanitation shall be responsible for the collection and disposal of garbage, trash, refuse and recyclables throughout the City, the sweeping of streets and the enforcement of all ordinances and regulations relating to the collection, carting and disposal of garbage, trash, refuse and recyclables.[1] The Division of Streets and Bridges shall be responsible for the maintenance and repair of all streets and other public property within the City. Each division shall have all other duties as are currently assigned or may be in the future assigned to it by the City Manager.
[1]
Editor's Note: See Ch. 183, Waste Management, Handling and Disposal.
[Added 7-8-1991 by L.L. No. 3-1991]
As used herein, the following terms shall have the meanings indicated:
COMMERCIAL PROPERTY
Any commercial building or portion thereof containing 5,000 square feet or more, devoted in whole or in part to nonresidential purposes. This term shall include, but not be limited to, clubs, retail stores, offices, restaurants, banks, recreational facilities and enterprises involving the sale of goods or services at retail to the general public conducted for profit or not-for-profit, but not including industrial properties.
DWELLING UNIT
One or more rooms with provisions for living, sanitary and sleeping facilities arranged for the use of one family.
INDUSTRIAL PROPERTY
Any premises or portion thereof devoted to the manufacture, compounding, processing or treatment of goods or to the storage and shipping of goods which do not involve the sale of goods or services at retail to the general public.
OWNER
The person or entity to whom a piece of real property is assessed on the current assessment roll of the City.
RESIDENTIAL PROPERTY
A building or structure containing one or more dwelling units which are intended to serve as permanent places of abode and not transient or emergency accommodations. The term "residential property" shall not include hotels, motels, boarding or rooming houses, hospitals, clubs, schools or dormitories.
SMALL COMMERCIAL PROPERTY
Any commercial building or portion thereof containing 5,000 square feet or less, devoted in whole or in part to nonresidential purposes. This term shall include, but not be limited to, clubs, retail stores, offices, restaurants, banks, recreational facilities and enterprises involving the sale of goods or services at retail to the general public conducted for profit or not-for-profit, but not including industrial properties.
[Added 7-8-1991 by L.L. No. 3-1991]
A. 
Small commercial properties. The owner of each small commercial property within the City of Newburgh where commercial wastes are removed by the City shall be charged for the removal of commercial wastes generated by such properties at a rate of one stop fee plus two dwelling unit fees per month.
B. 
Residential properties. The owner of each property within the City of Newburgh in the residential classification where wastes are removed by the City shall be charged per month for the removal of such waste at the rate of one stop fee plus one dwelling unit fee for each dwelling unit in the residential building. The number of dwelling units to be charged fees with regard to any property shall be determined by the number of dwelling units indicated on the certificate of occupancy for said property. A property containing rooming and boarding units shall be charged one dwelling unit fee for each rooming or boarding unit as indicated upon such property's certificate of occupancy.
[Amended 10-12-1999 by L.L. No. 3-1999]
C. 
Commercial properties. The owner of each commercial property within the City of Newburgh where wastes are removed by the City shall be charged for the removal of such wastes at the rate of one stop fee plus four dwelling unit fees for each month.
D. 
Fees defined and set.
[Amended 12-13-1999 by L.L. No. 4-1999[1]; 6-14-2010 by L.L. No. 7-2010]
(1) 
Stop fee. A stop fee is the fee for the garbage truck making a stop in front of a property. The stop fee shall be computed as set forth in Chapter 163, Fees, of this Code.
(2) 
Dwelling unit fee. A dwelling unit fee is the fee charged for collection of garbage from one dwelling unit for a period of one month. The dwelling unit fee shall be computed as set forth in Chapter 163, Fees, of this Code.
(3) 
The Council shall adjust the above rates from time to time so that the amount charged shall be sufficient to fund the operating costs of garbage collection services together with an appropriate proportional share of such capital improvements, principal and interest payments on bonds that may be issued to finance such garbage collection operations, and such other related expenses as the Council may deem necessary to fund collection operations, all under the Sanitation Fund.
[1]
Editor's Note: This local law provided that it would take effect 1-1-2000.
E. 
Bills for sanitation user fees. Bills for sanitation user fees shall be prepared and sent to each owner on a quarter-annual basis, starting on August 1, 1991, in the same manner as water and sewer charges are now billed and distributed, except that sanitation user fees shall be billed and paid during the first month of the calendar quarter in which sanitation removal services are performed, in the months of January, April, July and October. Bills for user fees shall be payable within the same time limits as may be prescribed in the Charter for the payment of water bills.
[Amended 6-14-2010 by L.L. No. 7-2010]
[Added 7-8-1991 by L.L. No. 3-1991; amended 10-28-1991 by L.L. No. 5-1991]
A. 
The amounts charged as sanitation user fees shall become liens against the real property to which they relate at the time rendered and in the same manner as water rents become liens and shall be collectible against such real property as provided by law.
B. 
Overdue and unpaid sanitation user fees shall be subject to the same interest, penalties and fees as provided for the collection of water rents and, in all respects, like proceedings shall be had by the City Collector as are or may be provided by law for the collection of water rents if they remain unpaid. The City Collector shall report to the Council all user fees imposed after January 1, 1993, with the interest and penalties thereon, which remain unpaid as of 30 days prior to the last date prescribed by law for the annexation of tax warrant to the assessment roll, together with a brief description of the property for which said sanitation services were provided and the name and address of the person or corporation liable to pay such amount. The Council shall then, no later than its regular meeting on the fourth Monday in November of each year, levy all amounts remaining unpaid on the date taxes are levied against the real property for which or in connection with which such sanitation service was provided.
[Amended 10-26-1992 by L.L. No. 4-1992]
C. 
The amount so charged as a sanitation user fee and all interest, fees and penalties thereon shall be a lien on the real property on which the charges accrued and shall be collected and enforced as provided by law.
D. 
In case the City Collector shall return any sanitation user fees uncollected, the City Manager may cut off sanitation service to the property charged until such sanitation user fees and all interest, penalties and fees are fully paid.
[Added 7-8-1991 by L.L. No. 3-1991]
A. 
Any person applying to the Superintendent for a reduction or elimination in the service charge imposed on his property by § C9.33 of the City Charter shall do so on an application form to be provided by the Superintendent, which form shall be signed and notarized by the property owner. Upon receipt of such a request, the Superintendent shall investigate the facts of the application and offer the applicant an informal hearing as to why the application should be granted and shall make a written determination granting or denying the application. The Superintendent's determination shall be final.
B. 
The only grounds for reduction or elimination of such service charge are as follows:
[Amended 1-25-1993 by L.L. No. 1-1993; 10-12-1999 by L.L. No. 3-1999]
(1) 
That a mistake was made on the part of the City in classifying the property.
(2) 
A senior citizen tax exemption shall have been granted pursuant to Chapter 270, Article II, of the Code of Ordinances in regard to the property, in which case a percentage reduction in the service charge shall be granted equal to the percentage exemption of assessed valuation granted by said article for the same property.
C. 
Residential property with an adjoining vacant lot, owned by the same entity, shall be charged only one stop fee per month, including both parcels. The property owner must request this exemption or the billing shall reflect a separate stop fee.
D. 
Reductions in the amount of the user charge applying to any particular property shall be for the current billing period only. Applications for reduction must be made for each and every quarter that the unit remains unoccupied. Applications shall only be accepted for a period of 20 days after the billing date indicated on the sanitation bill. Incomplete applications will not be considered.
[Amended 6-13-1994 by L.L. No. 4-1994]
[Added 7-8-1991 by L.L. No. 3-1991]
Any person being the owner of residential property within the City shall have an affirmative duty to report to the Division of Sanitation, on a form to be provided by the Superintendent, by change in occupancy of that property which would have the effect of increasing the sanitation service charge. Such increases in the amount of the user charge shall become effective immediately, and any portion of a month shall constitute a full month.
[Added 7-8-1991 by L.L. No. 3-1991]
Any person making a false statement on any application made pursuant to this article, on any report made, or any violation of this article shall be guilty of a violation and, upon conviction, shall be subject to a fine not to exceed $250 or imprisonment not to exceed 15 days, or both such fine and imprisonment.