[Added 10-11-2022 by L.L. No. 3-2022]
As used herein, the following terms shall have the meanings
indicated:
Any commercial building or portion thereof containing 5,000
square feet or more, devoted in whole or in part to nonresidential
purposes. This term shall include, but not be limited to, clubs, retail
stores, offices, restaurants, banks, recreational facilities and enterprises
involving the sale of goods or services at retail to the general public
conducted for profit or not-for-profit, but not including industrial
properties.
One or more rooms with provisions for living, sanitary and
sleeping facilities arranged for the use of one family.
Any premises or portion thereof devoted to the manufacture,
compounding, processing or treatment of goods or to the storage and
shipping of goods which do not involve the sale of goods or services
at retail to the general public.
The person or entity to whom a piece of real property is
assessed on the current assessment roll of the City.
A building or structure containing one or more dwelling units
which are intended to serve as permanent places of abode and not transient
or emergency accommodations. The term "residential property" shall
not include hotels, motels, boarding or rooming houses, hospitals,
clubs, schools or dormitories.
Any commercial building or portion thereof containing less
than 5,000 square feet, devoted in whole or in part to nonresidential
purposes. This term shall include, but not be limited to, clubs, retail
stores, offices, restaurants, banks, recreational facilities and enterprises
involving the sale of goods or services at retail to the general public
conducted for profit or not-for-profit, but not including industrial
properties.
[Amended 12-12-2022 by L.L. No. 8-2022]
[Amended 12-12-2022 by L.L. No. 8-2022]
A.
Small commercial properties. The owner of each small commercial property
within the City of Newburgh where commercial wastes are removed by
the City shall be charged for the removal of commercial wastes generated
by such properties at a rate of one commercial stop fee plus two dwelling
unit fees per month.
B.
Residential properties. The owner of each property within the City
of Newburgh in the residential classification where wastes are removed
by the City shall be charged per month for the removal of such waste
at the rate of one residential stop fee plus one dwelling unit fee
for each dwelling unit in the residential building. The number of
dwelling units to be charged fees with regard to any property shall
be determined by the number of dwelling units indicated on the certificate
of occupancy for said property. A property containing rooming and
boarding units shall be charged one dwelling unit fee for each rooming
or boarding unit as indicated upon such property's certificate
of occupancy.
C.
Commercial properties. The owner of each commercial property within
the City of Newburgh where wastes are removed by the City shall be
charged for the removal of such wastes at the rate of one commercial
stop fee plus four dwelling unit fees for each month.
D.
Fees defined and set.
(2)
Residential stop fee. A residential stop fee is the fee for the garbage truck making a stop in front of a residential property as defined in § 183-24.
(3)
Dwelling unit fee. A dwelling unit fee is the fee charged for collection of garbage from one dwelling unit for a period of one month. The dwelling unit fee shall be computed as set forth in Chapter 163, Fees, of this Code.
(4)
The Council shall adjust the above rates from time to time so that
the amount charged shall be sufficient to fund the operating costs
of garbage collection services together with an appropriate proportional
share of such capital improvements, principal and interest payments
on bonds that may be issued to finance such garbage collection operations,
and such other related expenses as the Council may deem necessary
to fund collection operations, all under the Sanitation Fund.
E.
Bills for sanitation user fees. Bills for sanitation user fees shall
be prepared and sent to each owner on a quarter annual basis, starting
on August 1, 1991, in the same manner as water and sewer charges are
now billed and distributed, except that sanitation user fees shall
be billed and paid during the first month of the calendar quarter
in which sanitation removal services are performed, in the months
of January, April, July and October. Bills for user fees shall be
payable within the same time limits as may be prescribed in the Charter
for the payment of water bills.
A.
The amounts charged as sanitation user fees shall become liens against
the real property to which they relate at the time rendered and in
the same manner as water rents become liens and shall be collectible
against such real property as provided by law.
B.
Overdue and unpaid sanitation user fees shall be subject to the same
interest, penalties and fees as provided for the collection of water
rents and, in all respects, like proceedings shall be had by the City
Collector as are or may be provided by law for the collection of water
rents if they remain unpaid. The City Collector shall report to the
Council all user fees imposed after January 1, 1993, with the interest
and penalties thereon, which remain unpaid as of 30 days prior to
the last date prescribed by law for the annexation of tax warrant
to the assessment roll, together with a brief description of the property
for which said sanitation services were provided and the name and
address of the person or corporation liable to pay such amount. The
Council shall then, no later than its regular meeting on the fourth
Monday in November of each year, levy all amounts remaining unpaid
on the date taxes are levied against the real property for which or
in connection with which such sanitation service was provided.
C.
The amount so charged as a sanitation user fee and all interest,
fees and penalties thereon shall be a lien on the real property on
which the charges accrued and shall be collected and enforced as provided
by law.
D.
In case the City Collector shall return any sanitation user fees
uncollected, the City Manager may cut off sanitation service to the
property charged until such sanitation user fees and all interest,
penalties and fees are fully paid.
A.
Any person applying to the Superintendent for a reduction or elimination in the service charge imposed on his property by § 183-25 of the Code of Ordinances shall do so on an application form to be provided by the Superintendent, which form shall be signed and notarized by the property owner. Upon receipt of such a request, the Superintendent shall investigate the facts of the application and offer the applicant an informal hearing as to why the application should be granted and shall make a written determination granting or denying the application. The Superintendent's determination shall be final.
B.
The only grounds for reduction or elimination of such service charge
are as follows:
(1)
That a mistake was made on the part of the City in classifying the
property.
(2)
A senior citizen tax exemption shall have been granted pursuant to Chapter 270, Article II, of the Code of Ordinances in regard to the property, in which case a percentage reduction in the service charge shall be granted equal to the percentage exemption of assessed valuation granted by said article for the same property.
C.
Residential property with an adjoining vacant lot, owned by the same
entity, shall be charged only one stop fee per month, including both
parcels. The property owner must request this exemption or the billing
shall reflect a separate stop fee.
D.
Reductions in the amount of the user charge applying to any particular
property shall be for the current billing period only. Applications
for reduction must be made for each and every quarter that the unit
remains unoccupied. Applications shall only be accepted for a period
of 20 days after the billing date indicated on the sanitation bill.
Incomplete applications will not be considered.
A.
The owners of all properties where dumpsters are serviced by the City, within the City of Newburgh, shall be charged for the removal of wastes generated by such properties at a rate as set forth in Chapter 163, Fees, of this Code. A dumpster is defined as having a volume not exceeding two cubic yards. Dumpsters exceeding two cubic yards will not be serviced by the City.
B.
The above charges shall be made on all properties where collection
of dumpster wastes by the City has been requested. The owner of each
such property must file an application or a dumpster permit for such
property.
C.
The charges imposed by this article shall be billed to each owner
on a monthly basis. No refunds or proration shall be made for rendering
of only a partial month's services. No change in charge or service
shall become effective other than as of the first day of a month.
D.
The Council shall adjust the above rates from time to time so that
the amount charged shall be sufficient to fund the operating costs
of garbage collection services, together with an appropriate proportional
share of such capital improvements, principal and interest payments
on bonds that may be issued to finance such garbage collection operations,
and such other related expenses as the Council may deem necessary
to fund collection operations, all under the Sanitation Fund.
A.
Overdue and unpaid dumpster user fees shall become liens against
the real property to which they relate at the same time and in the
same manner as uncollected water rents become liens and shall be collectible
against such real property in the same manner as is or may be prescribed
by law for the collection of taxes for the City of Newburgh for City
purposes. Like notices shall be given by the City Collector.
B.
Interest, penalties and fees shall be the same as for the collection
of water rents, and, in all respects, like proceedings shall be had
by the City Collector as is or may be provided by law for the collection
of water rents.
C.
The amount so charged shall be collected and enforced in the same
manner and in the same time as may be provided by law for the collection
and enforcement of City taxes and such service charges, interest and
penalties thereon shall be a lien on the real property on which the
charges accrued.
Any person being the owner of residential property within the
City shall have an affirmative duty to report to the Division of Sanitation,
on a form to be provided by the Superintendent, by change in occupancy
of that property which would have the effect of increasing the sanitation
service charge. Such increases in the amount of the user charge shall
become effective immediately, and any portion of a month shall constitute
a full month.
Any person making a false statement on any application made
pursuant to this article, on any report made, or any violation of
this article shall be guilty of a violation and, upon conviction,
shall be subject to a fine not to exceed $500 or imprisonment not
to exceed 15 days, or both such fine and imprisonment.
