A.
The Board of Trustees of the Village of Camillus has determined that
the accumulation of refuse, recyclables, construction and demolition
materials anywhere in the Village of Camillus would be unsightly and
potentially hazardous to the general welfare of the people of the
Village of Camillus and accordingly that the accumulation and disposal
of such materials in certain circumstances needs to be specially addressed
by the Village of Camillus.
B.
The Board of Trustees has further determined that the responsibility
for the proper disposal of such materials should rest with the individual
or entity who generated such material and that the Village can assist,
only on a limited basis, in the proper disposal of such material.
A.
The Village of Camillus may provide, from time to time, by duly adopted
resolution, for the pickup and disposal of certain refuse, construction
and demolition materials and recyclables from certain residential
premises. Said services shall be based upon a determination of general
Village-wide concern or necessity including in relation to seasonal
occurrences, unusual weather conditions, or based on any other criteria
of public purpose and necessity as determined by the Village Board.
Such Village-wide pickups shall be determined in advance by the Board
of Trustees, and the residents of the Village shall be notified in
an appropriate manner in advance thereof. All such materials intended
for pickup shall be brought to the curb fronting the residence by
the resident and not by Village employees. The Village may limit the
services to only certain types of refuse, construction and demolition
material and recyclables and to only certain types of premises.
B.
Borrow policy.
(1)
Other than the foregoing occasional scheduled pickups, a Village
refuse or dump truck may be made available to be left at certain premises
in the Village, when requested by a property owner, to load with certain
refuse, construction and demolition or recyclable materials, after
which the truck will be removed by a Village employee and such materials
properly disposed of.
(2)
The estimated charge for such service to the property owner requesting
such service shall be paid in advance to the Village Clerk. The charge
shall represent the fair value of use of the truck and Village labor
to operate the truck. The Village Board of Trustees shall establish
from time to time, by duly adopted resolution, a fee schedule representing
the fair value of the use of the truck and Village labor.
(3)
The property owner shall likewise deposit with the Village Clerk
an additional sum representing the estimated cost of the Village's
out-of-pocket expenses to discard said material (including any additional
charges or penalties imposed as a result of the materials disposed
of), commonly referred to as "tipping fees."
(4)
If the actual out-of-pocket costs or estimated fair value of the
use of the truck and Village labor exceeds the sum deposited, then
the owner shall pay said excess immediately upon notification by the
Village Clerk; interest shall accrue on any sums unpaid after 10 days
at the rate of 12% per annum; the Village Clerk shall immediately
refund to the property owner any portion of the deposit not used for
such out-of-pocket costs.
(5)
At the time of payment of said fees, the property owner requesting
the same must execute a written agreement agreeing to the terms hereof,
assuming responsibility for any damage to the Village truck resulting
from the property owner's use, holding the Village of Camillus harmless
for any claims, losses, liabilities or damages that may be occasioned
by or arise from the transactions contemplated hereunder and agreeing
to pay all sums that the property owner owes the Village pursuant
to this article, together with reasonable attorney's fees, costs and
disbursement if legal efforts or a lawsuit are necessary to collect
the same.
(6)
Any such materials to be hauled and disposed of as contemplated hereunder
shall be uniform in type or shall be clearly segregated if permitted
by the Village.
