The provisions of this Chapter 61 shall be administered by the Village of Camillus Mayor or Superintendent of the Department of Public Works and enforced by the Code Enforcement Officer and the applicable law enforcement agencies.
The Code Enforcement Officer of the Village of Camillus shall have authority, pursuant to Article 150 of the New York Criminal Procedure Law, to issue appearance tickets as defined therein for the purpose of enforcing this chapter.
[Amended 7-16-2012 by L.L. No. 1-2012]
The Village Board may, from time to time, by resolution designate, impose and/or modify such fees as it deems reasonable and appropriate in relation to the collection and disposal of any solid waste and any other matter or issue arising under this Chapter 61, including relative to the penalties imposed under § 61-47. After any such fees are imposed, the manner of implementation and collection shall be by further resolution of the Village Board or at the direction of its designee (e.g., Village Clerk, Code Enforcement Officer) not inconsistent with the terms of the original or any further resolution imposing or modifying such fees. The Village Board, also by resolution, may from time to time establish fees to defray expenses in connection with the issuance of the municipal hauler license and the general administration of this article. Fees shall be paid by such person, entity or applicant as is subject to this Chapter 61 at the time of application or as otherwise provided by the Village Board by resolution. The Village Board shall establish and modify, from time to time, a fee schedule, copies of which shall be maintained at the office of the Village Clerk and placed and updated, from time to time, in the Village Code as an appendix thereto.
Unpaid fees or charges for municipal solid waste collection and/or disposal services shall be included with the annual tax levy, pursuant to and in accordance with General Municipal Law § 120-cc, as it may be amended from time to time.
The record owner of any commercial property or of any industrial/manufacturing property that elects to provide private solid waste removal and disposal must provide written certification of same to the Village on or before June 30 for the ensuing fiscal year. Accordingly, the Village will not provide solid waste collection services to that property for the ensuing year, and that property will be exempt from paying the solid waste collection fees for the ensuing year. All private solid waste removal must be in compliance with the Village's requirements for haulers, as set forth in Chapter 61 of the Village Code, and more specifically §§ 61-28 through 61-47.
[Added 11-19-2012 by L.L. No. 3-2012]
The record owner of any real property tax ID parcel in the Village of Camillus may opt the entire tax parcel out of the Village's Refuse Collection System if the parcel is used wholly or partly for any of the following uses:
To opt out, the record owner must provide a written certification of same to the Village of Camillus on forms provided for that purpose on or before each December 31 for the ensuing fiscal year commencing January 1. The annual certification shall provide the name and address of the private hauler to be used. All private solid waste removal must be in compliance with the Village's requirements for haulers as set forth in Chapter 61 of the Village Code. Upon such certification, in proper form, the Village will not provide solid waste collection services to any occupants of the subject parcel, and that property shall be exempt from paying the solid waste collection fees as long as the certification remains in force and effect and is not rescinded by the record owner of the property.
In the event that a person shall fail to conform to the provisions of this Chapter 61, the Village of Camillus may suspend all collection of recyclables, garbage, refuse, rubbish or solid waste to such premises owned, occupied or controlled by such person.
Any owner, person, corporation or other legal entity that violates Article II, III, IV or V of this Chapter 61 shall, severally, for each and every such violation, be guilty of a violation, punishable as follows:
[Amended 4-16-2018 by L.L. No. 2-2018; 8-6-2018 by L.L. No. 3-2018]
Any owner, person, corporation or other legal entity that violates Article VI shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $1,000 for each offense or by imprisonment for not more than six months, or by both such fine and imprisonment. The Village Board shall also have the power to bring civil action to restrain any violation herein in a court of competent jurisdiction. When a violation is continuous, each 24 hours thereof shall constitute a separate and distinct offense.
[Amended 4-16-2018 by L.L. No. 2-2018]
Each day that the prohibited condition or violation continues shall constitute a separate offense.
The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue. The imposition of any such penalty shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction.
An action or proceeding in the name of the Village of Camillus, New York, may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this chapter, any rule or regulation adopted pursuant to this chapter or any order issued pursuant to this chapter. Such remedy shall be in addition to penalties otherwise prescribed by law.
Nothing in this chapter shall preclude any action or proceeding based upon any other remedies or penalties provided under state or other laws, ordinances or regulations.
The Village Board of Trustees has specifically determined that the failure to abide by the provisions of this Chapter 61 is a public health and safety concern necessitating exercise of the Village police power. Accordingly, in the event of any efforts, action or proceeding commenced by the Village of Camillus relative to the enforcement or violation of this chapter (including without limitation the correction or remedy of a violative condition), service by certified or registered mail return receipt requested upon the property owner and any other responsible party(ies), at the last designated owner address as shown on the Village or Town of Camillus assessment records, or otherwise at the property address, shall be deemed good and sufficient service and shall be legally sufficient in lieu of any requirement of service of process under the New York Civil Practice Law and Rules or Real Property Actions and Proceedings Law. Upon such notice, and following a hearing before the Village Board of Trustees as advised of in such notice or any subsequent notice sent in the same manner (such hearing to be held not less than 10 days from the posting date of such notice), the Village Board may resolve that it shall be reimbursed for the expense (to include attorneys' fees, costs and disbursements) of such efforts, action or proceeding commenced by direction of the Village Board and, in addition, for the costs of any corrective or cure efforts and of proper disposal, plus a twenty-percent administration cost, by assessment and levy upon the lots or parcel of land benefiting from or whereon such corrective or cure efforts were performed, and the expenses so assessed shall constitute a lien and a charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Village charges.
Whenever the Village has ordered the reimbursement for the costs and expense of the work performed or services rendered as hereinabove provided in § 61-50H by assessment and levy upon the lot or parcel of lands benefitted or whereon such work was performed or such services rendered, the Village Clerk may, upon Village Board approval, cause a notice of intent to levy such costs and expenses against said lots or parcels of land in a form approved by the Village Attorney, to be recorded in the records of the Onondaga County Clerk's office in order that such notice shall be indexed against the said premises or parcels of land as notice to subsequent transferees or other acquiring any interest in said lots or parcels of land of the intention by the Village to assess and levy the amount of such expenses upon said lots or parcels of land. Any recorded fees of the Onondaga County Clerk shall be included in the costs and expenses assessed and levied upon such lots or parcels. The failure of the Village Clerk to record such notice of intent to levy shall not, however, affect or impair the validity of any lien or assessment of such costs and expenses later imposed against such lots or parcels of land, the owner(s) hereof or any subsequent transferees or others acquiring any interest in such lots or parcels of land.
Should there be any conflict between this chapter and any other applicable laws or regulations of New York State or Onondaga County imposing more stringent conditions and which as a matter of law preempt, supersede or control, such other provisions shall prevail and control.