[HISTORY: Adopted by the Common Council of the City of Gloversville 4-23-2019 by Ord. No. 6-2019. Amendments noted where applicable.]
A.
Garbage, refuse and/or debris must be disposed of in a safe and sanitary
manner not visible from the public street, nor shall such garbage,
refuse and/or debris be stored such that it obstructs egress.
[Amended 12-14-2021 by Ord. No. 10-2021]
B.
Every dwelling unit shall have a garbage and rubbish or storage/disposal
facility that is enclosed in such a way as is adequate to contain
odors and keep out vermin and wildlife. Any garbage or rubbish storage
facility visible from any public street must be within a fully enclosed
shed or outbuilding or within a fully enclosed trash receptacle provided
by a licensed refuse removal company. In multifamily dwellings requiring
larger trash containers such as a dumpster, such facility must be
placed in a location approved by the Fire Department. No receptacle
or storage facility shall be allowed to become overfilled to the point
where trash bags or loose refuse is visible and exposed to vermin.
[Amended 12-14-2021 by Ord. No. 10-2021]
C.
No items shall be put out for garbage collection before 12:00 noon
on the day prior to the scheduled pickup. Garbage containers and all
items not collected, including loose trash and/or broken bags, must
be retrieved by 12:00 noon on the day after the day of scheduled pickup.
D.
With respect to parcels containing three or fewer residential units:
(1)
The owner and/or, if rental or leased property, the occupant of any
building or premises in the City where garbage is generated, accumulated
or exists shall provide clear or white plastic bags for receiving
and holding said garbage without leakage. A closed trash container
may be utilized, with said container not being larger than 50 gallons,
and shall be used for no other purpose than as a receptacle for garbage.
All garbage bags, regardless of whether or not they are placed in
a container, must be sealed tightly and be without leakage. Where
a garbage container is used, all garbage inside said container must
be placed in a sealed clear or white plastic bag.
(2)
Clear or white plastic bags must be used for the reception, retention
and disposal of all garbage. The bags must be sealed tightly and be
without leakage. If multiple layers of bags are used, i.e., one inside
the other, then all layers of bags must be clear or white plastic.
A.
Any owner of any building in violation of § 214-1 of this chapter shall be subject to an administrative fine in the amount of $30. Notice of the administrative fine shall be delivered to the owner of record via first-class postal delivery at the address on file with the City of Gloversville for tax billing purposes. It shall be presumed that the letter has been received five business days from the date of the notice.
B.
In the event that the administrative fine set forth in § 214-2A of this chapter has not been received by the Commissioner of Finance within 65 days from the date of the notice, the administrative fine shall increase to $90.
C.
In the event that the administrative fine referenced in § 214-2B of this chapter has not been received by the office of the Commissioner of Finance within 90 days of the notice referenced in § 214-2A of this chapter, said administrative fine shall be added to first subsequent annual City tax invoice for the subject property.
[Amended 3-22-2022 by Ord. No. 03-2022]
Any owner, tenant or other representative designated by the owner of a building issued administrative fines or fees as set forth in § 214-2A of this chapter shall have the right to due process through the filing of a request for an administrative appeal to the City Code Administrative Appeals Panel pursuant to the procedure codified at Chapter 225 of the Gloversville City Code. Such appeal must be filed by the owner, tenant or other representative designated by the owner within 65 days from the date of issuance of the administrative fines or fees set forth in § 214-2A of this chapter, and the owner's right to an administrative appeal is waived unless the request is filed in the office of the City Clerk within 65 days from the issuance of said administrative fines or fees. The failure of the owner, tenant or other representative designated by the owner to file such appeal within 65 days of the issuance of fines as set forth in § 214-2A of this chapter shall result in the administrative fines being added to the City tax roll for the subject property as set forth in § 214-2C of this chapter.
A.
In addition to and separately from the provisions set forth in this chapter hereinabove, any owner in violation of the standard of care set forth in § 214-1 may be issued a criminal summons and appearance ticket. Any violation of said standard of care shall constitute a violation of the Gloversville City Code.
B.
Penalties by Court. A defendant convicted of a violation herein shall
be subject to:
(1)
A fine not less than $250 and not greater than $1,000 for each and
every day that the violation is proven to exist; or
(2)
A sentence of incarceration not to exceed 15 days; or
(3)
Both a fine not less than $250 and not greater than $1,000 for each
and every day that the violation is proven to exist and a sentence
of incarceration not to exceed 15 days.
C.
Tax lien/civil judgment. Upon the failure of any defendant to pay
the fine issued by the Court within 30 days from the date of sentencing,
at the election of the City, the Court shall transfer said fine to
the tax roll for the subject property for the first subsequent City
tax invoice issued for the property where the violation occurred,
and/or said fine may be converted to a civil judgment against the
defendant at the request of the City.
