[HISTORY: Adopted by the Board of Trustees
of the Village of Johnson City as indicated in article histories.
Amendments noted where applicable.]
[Adopted 8-20-1973 as Art. II of
Ch. 9 of the 1973 Code]
[Amended 4-16-2002 by L.L. No. 1-2002]
As used in this article, the following words,
terms and phrases shall have the meanings herein ascribed to them:
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of food. "Garbage" shall not, however,
include those items designated by ordinance, rule or regulation as
recyclables.
Those items designated by the county as recyclable.
Solid or liquid waste material, including but not limited
to, paper and paper products; rags; cans; crockery; plastics; cartons;
cloth; leather and other inorganic waste materials that ordinarily
accumulate around a home or business. "Rubbish" shall not, however,
include those items designated as recyclables. Prohibited materials
include, among other things, flammable or explosive substances; paint
or paint thinners or solvents; pesticides; acids; oil; batteries;
medical waste.
Discarded household furniture and appliances, bedding and
mattresses, and other bulky household materials not specifically prohibited
by this chapter, too large to place in standard refuse containers.
"Trash" shall not, however, include those items designated as recyclables.
All grass clippings, garden materials, leaves and brush trimmings.
[Amended 7-16-1991 by L.L. No. 5-1991; 12-21-1993 by L.L. No. 1-1993; 4-16-2002 by L.L. No. 1-2002]
A.
All garbage, rubbish, recyclables, trash and yard
waste, when lawfully placed at the curb, shall be picked up and taken
away either by the Village employees charged with the collection thereof
or by the contractor hired by the Village for that purpose. No other
person shall pick up, remove or in any way take any garbage, rubbish,
recyclables, trash or yard waste so placed at the curb without written
consent of the Superintendent of Public Works.
B.
It shall be prohibited for any person to transport garbage, rubbish,
recyclables, trash and yard waste from outside of the Village of Johnson
City into the Village limits, or to transport garbage, rubbish, recyclables,
trash and yard waste that are generated from one Village property
to another Village property, for purposes of collection or deposit.
[Amended 6-18-2013 by L.L. No. 8-2013]
[Amended 12-2-1974 by L.L. No. 6-1974; 4-16-2002 by L.L. No. 1-2002]
All garbage and rubbish shall be placed in watertight
and weatherproof containers which shall not exceed 32 gallons in capacity
nor weigh more than 50 pounds when full. Such containers shall be
equipped with covers which shall be securely fastened at all times.
[1]
Editor's Note: Former § 236-4, Specifications
for ash receptacles, was repealed 4-16-2002 by L.L. No. 1-2002.
[Amended 4-16-2002 by L.L. No. 1-2002]
It shall be unlawful to dispose of any garbage,
rubbish or trash anywhere in the Village excepting in an incinerator
or disposal device properly constructed and operated in a lawfully
established garbage or refuse dump. It shall be unlawful to dispose
of any recyclables or yard waste except in a manner dictated by the
Superintendent of Public Works. Such material not so properly disposed
of shall be placed in containers for collection by the Village as
hereinbefore and hereinafter prescribed.
[Amended 4-16-2002 by L.L. No. 1-2002]
All yard waste shall be placed in suitable receptacles
or placed in bundles which shall not exceed 50 pounds nor more than
six feet in length. Any bag or sack used for the disposal of yard
waste shall not be tied or otherwise fastened at the top.
[Amended 4-16-2002 by L.L. No. 1-2002]
Receptacles containing garbage, rubbish, yard waste, recyclables and trash shall be so placed for collection at the curb with the exception of those buildings which are located on the south side of Main Street in the Village between the west line of Willow Street and the east line of Arch Street and the north side thereof between the west line of Avenue C and the east line of Isabelle Place. All containers shall be removed in accordance with § 208-3A(2) of this Code.
[Amended 4-16-2002 by L.L. No. 1-2002]
Neither garbage, rubbish, nor yard waste shall
be placed in receptacles which are in a filthy, leaky or defective
condition.
[Amended 4-16-2002 by L.L. No. 1-2002]
Neither garbage nor rubbish shall be placed
or allowed to be together in the same receptacle, as yard waste, trash
or recyclables.
All garbage shall be thoroughly drained of moisture
and wrapped in paper before being deposited in a garbage receptacle.
[Amended 6-23-1998 by L.L. No. 2-1998; 4-16-2002 by L.L. No. 1-2002]
A.
The owner or occupant of any lot or parcel of land
in the Village shall be and is hereby required to cut, trim and remove
brush, grass or weeds upon all portions of such lot or parcel, including
any brush, grass or weeds located between the sidewalk and street
boundary, or where no sidewalk is present, between the property line
and street boundary, when the height of the grass and/or weeds reaches
10 inches as measured from ground level and at such other time or
times as may be necessary and as the Superintendent of Public Works
or designee or Code Enforcement Officer may require.
[Amended 8-16-2011 by L.L. No. 9-2011]
B.
Notwithstanding the above, the owner or occupant of
any vacant lot or parcel of land two acres or more in the Village
shall be and hereby is required to cut, trim and remove brush, grass
and weeds upon such lot or parcel when the height of the grass and/or
weeds reaches 10 inches as measured from ground level in all areas
of said lot or parcel located within 10 feet of any property line.
C.
Notwithstanding the above, the owner or occupant of
any vacant lot or parcel of land under two acres located in the Village,
50% of whose gross area is covered by trees, shall be and hereby is
required to cut, trim and remove brush, grass and weeds upon such
lot or parcel when the height of the grass and/or weeds reaches 10
inches as measured from ground level in all areas of said lot or parcel
located within 10 feet of any property line.
D.
The owner or occupant of any lot or parcel of land
located in the Village shall be and hereby is required to remove all
rubbish, garbage, recyclables and trash upon such lot or parcel on
a weekly basis and at such other time or times as may be necessary
and as the Superintendent of Public Works or designee or Code Enforcement
Officer may require.
[Amended 8-16-2011 by L.L. No. 9-2011]
[Amended 6-23-1998 by L.L. No. 2-1998; 4-16-2002 by L.L. No. 1-2002; 8-16-2011 by L.L. No.
9-2011]
A.
Removal
by Village; costs. Whenever the owner or occupant of any lot or parcel
of land shall fail to cut, trim or remove the brush, grass or weeds
upon said land, it shall be the duty of the Superintendent of Public
Works or designee or Code Enforcement Officer of the Village to have
the same cut by municipal employees or private contractors, and the
expense thereof shall be a lien upon such lot or parcel of land and
shall be charged and assessed against the same. Whenever the owner
or occupant of any lot or parcel of land shall fail to remove garbage,
rubbish, trash or recyclables from said land, it shall be the duty
of the Superintendent of Public Works or designee or Code Enforcement
Officer to have the same removed by municipal employees or private
contractors, and the expense thereof shall be a lien upon such lot
or parcel of land and shall be charged and assessed against the same.
B.
Filing
of statement of costs. Before such charge or assessment shall be made,
however, the Superintendent of Public Works or designee or Code Enforcement
Officer shall file with the Village Clerk a certificate containing
a detailed statement of the cost and expense incurred.
[Added 4-16-2002 by L.L. No. 1-2002; amended 8-16-2011 by L.L. No. 9-2011]
Any accumulation of garbage, rubbish, trash,
recyclables or yard waste, in excess of ordinary accumulation associated
with the land use thereof, resulting from the failure of any tenant,
person or property owner to comply with any provision of this chapter
or the rules and regulations of the Department of Public Works, or
from his or her failure to take advantage of the regular collection
service, shall be removed by such person or property owner at his
or her expense. Whenever the responsible person or property owner
fails to comply with a notice from any department official of the
Village to remove the same, the Village shall have the power to direct
that said accumulation be removed by the Department of Public Works
or private contractor at the person's or property owner's expense.
[Added 4-16-2002 by L.L. No. 1-2002]
A.
Whenever garbage, rubbish, trash, recyclables or yard
waste is left on the sidewalk or at the curb area in a manner or amount
in violation of this chapter and is deemed to be a health or safety
hazard or nuisance, the Superintendent of Public Works or designee
or Code Enforcement Officer shall order such to be removed immediately
by the Department of Public Works or private contractor. Prior to
removal, the accumulation will be documented by photography.
[Amended 8-16-2011 by L.L. No. 9-2011]
B.
If deemed possible, the Superintendent or Code Enforcement
Officer shall make a reasonable attempt to contact the property owner
by telephone prior to the removal. Such attempt shall in no way delay
the removal of the hazard.
C.
After removal of the hazard, a bill for all expenses
incurred shall be sent to the property owner. Any bill which is not
paid within 30 days shall be deemed delinquent, and an additional
fee of 12% will be added and collected. After April 30 of each year,
all unpaid bills will be added to the Village property taxes.
D.
In addition to such billing, the Village is authorized
to issue an appearance ticket, returnable to the Village Court, for
a violation of any provision(s) of this chapter.
The Superintendent of Public Works shall, with
the approval of the Board of Trustees, have the power and authority
to formulate and promulgate from time to time such additional rules,
regulations and directions, not inconsistent with the provisions of
this article, as he or she may deem necessary.
[Amended 2-6-1990 by L.L. No. 1-1990; 5-18-1991 by L.L. No. 4-1991; 4-21-1992 by L.L. No.
3-1992; 6-2-1992 by L.L. No. 6-1992; 8-18-1998 by L.L. No. 5-1998; 4-16-2002 by L.L. No.
1-2002]
A.
The fee for the collection of garbage, rubbish, recyclables, trash and yard waste, as defined in § 236-1, shall be a minimum of $70 quarterly for each dwelling and $119 quarterly for each commercial use, due and payable on the second day of January in each year and on the first day of April, July and October in each year and may be paid within a period of 30 days after it is due and payable without penalty. Any refuse bill which is not paid within such 30 days shall be deemed delinquent, and an additional fee of 12% will be added and collected.
[Amended 5-24-2005 by L.L. No. 3-2005; 7-21-2009 by L.L. No.
2-2009; 4-15-2014 by L.L. No. 2-2014; 5-15-2018 by L.L. No. 6-2018]
B.
The fee for garbage collection according to the above
schedule shall be levied and assessed against and collected from the
owner(s) of all parcels identified on the Broome County Tax Map for
the Village of Johnson City, provided that if the parcel consists
of unimproved land or land principally improved by a residential dwelling
or commercial building which had been abandoned and from which the
Village water service has been disconnected, there shall be no charge
for garbage collection for so long as the parcel remains unimproved
or the residential dwelling or commercial structure remains abandoned
and disconnected from the Village water liens. In addition, if the
parcel is improved by a multiple-residence dwelling or commercial
structure and the owner, with the approval of the Superintendent of
Public Works, provides private removal of all garbage, refuse, trash,
recyclables, yard waste and tires as approved, the fee assessed and
levied shall be the minimum residential collection fee.
C.
All fees in this section shall remain in effect until June 30, 2019.
Thereafter the fees can be increased or decreased by action of the
Village Board from time to time.
[Added 12-4-2018 by L.L.
No. 16-2018]
[Amended 2-6-1990 by L.L. No. 1-1990]
All bills are due and payable when rendered.
The property owner shall be held responsible for all bills. Failure
to receive a bill shall not excuse payment. No partial payments will
be accepted. Any payment not made when due will be rolled over onto
real property taxes.
[Added 9-17-1991]
Garbage and recyclables will be collected on
the next scheduled workday following a holiday for the route affected
by the holiday, and the normal route will also be collected on the
same day.
[Added 6-2-1992 by L.L. No. 7-1992; amended 2-19-2013 by L.L. No. 2-2013]
It shall be unlawful to dispose of tires anywhere
within the Village of Johnson City, provided that at such times as
the Director of Public Services may designate and in accordance with
rules and regulations to be promulgated by the Director of Public
Services, residents of the Village, upon payment of a fee of $5 per
tire, which fee may be modified from time to time by resolution of
the Board, may bring tires to the Department of Public Works garage
for disposal.
[Added 4-16-2002 by L.L. No. 1-2002]
A.
No dumpsters shall be located in front of a business
or residence nor within 25 feet of a residentially zoned property.
Notwithstanding the preceding, roll-off dumpsters located on a property
for the sole purpose of collecting construction and other building
debris during remodeling and/or other construction of a property are
permitted during the construction period. Said construction period
shall not exceed 60 days. If said construction period shall last more
than 60 days, a special permit shall be obtained from the Village
Code Enforcement Officer.
B.
All dumpsters shall be kept in a place easily accessible
to private collection contractors, shall be clean, neat, painted and
kept in good repair; any spilled materials are the responsibility
of the property owner or occupant and shall be cleaned immediately.
No garbage, rubbish, trash, yard waste or other items of refuse shall
be located outside of a dumpster. All dumpsters located on a property
for reasons other than temporary construction shall be fully enclosed
and all doors and lids must be in working order and lids must be securely
closed at all times. Dumpsters not in use must be removed within 30
days.
C.
No dumpsters shall be located on public streets without
first obtaining a permit from the Superintendent of Public Works.
D.
The collection of garbage or other material from dumpsters shall not commence on any day prior to the hour of 6:00 a.m. nor past the hour of 9:00 p.m. Any party found in violation of this section shall, upon conviction, be guilty of an offense, and shall be punished as provided in § 1-15 of Chapter 1, General Provisions, Article II, of this Code.
[Added 8-17-2010 by L.L. No. 6-2010]
[Added 5-7-2013 by L.L. No. 5-2013]
A.
This section applies to any person, firm or corporation receiving
multiple notices of violation or orders to remedy in a twelve-month
period for a violation of this chapter.
B.
Any person, firm or corporation receiving multiple notices of violation
or orders to remedy within a twelve-month period shall be subject
to an inspection fee as set forth in the fee schedule below:
[Amended 3-2-2022 by L.L.
No. 5-2022]
(1)
First notice of violation or order to remedy received: no charge.
(2)
Second notice of violation or order to remedy received: inspection
fee of $250.
(3)
Third notice of violation or order to remedy received: inspection
fee of $500.
(4)
Fourth notice and any subsequent notice of violation or order to
remedy received: inspection fee of $1,000.
C.
The inspection fees prescribed above shall be billed directly to
the tenant or owner, as the case may be, and a copy mailed to the
owner and/or contact person/agent of the property. Inspection fees
shall be increased 25% when not paid within 30 days after initial
billing, to cover administrative costs. This subsection shall not
be considered the exclusive method of collecting inspection fees and
shall not preclude collection by other lawful methods. If unpaid after
30 days, the costs may be added to and collected in the same manner
as real property taxes.
D.
Every notice of violation or order to remedy shall contain a clear
and conspicuous explanation of the policy in this section requiring
fees for inspections or a copy of this section.
E.
The Code Enforcement Official or the Village Treasurer may waive
an inspection fee in case of error, mistake, injustice or other good
cause.
