[HISTORY: Adopted by the Common Council of the City of Gloversville 4-23-2019 by Ord. No. 7-2019. Amendments noted where applicable.]
Recyclable containers and materials as specified by state and
county regulations are not garbage and shall be disposed of in accordance
with state and county regulations. Any garbage containing recyclable
materials will not be picked up. Items that are not picked up by the
City at the time of garbage collection, including loose trash, broken
bags, trash receptacles and lids, must be taken in by 12:00 noon the
day after the day of scheduled pickup.
A.Â
Any owner of any building in violation of § 215-1 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.Â
In the event that the administrative fine set forth in § 215-2A 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.Â
In the event that the administrative fine referenced in § 215-2B of this chapter has not been received by the office of the Commissioner of Finance within 90 days of the notice referenced in § 215-2A 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. 04-2022]
Any owner, tenant or other representative designated by the owner of a building issued administrative fines or fees as set forth in § 215-2A 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 § 215-2A 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 § 215-2A of this chapter shall result in the administrative fines being added to the City tax roll for the subject property as set forth in § 215-2C of this chapter.
A.Â
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 § 215-1 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.Â
Penalties by court. A defendant convicted of a violation herein shall
be subject to:
(1)Â
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)Â
A sentence of incarceration not to exceed 15 days; or
(3)Â
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.Â
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.
