[Adopted 1-8-1969 by Ord. No. 5-1969]
The owner, lessee, tenant or any other person
who has the management or control of or who occupies any land in the
City shall keep such land at all times free and clear of accumulation
of ashes, rubbish, refuse, grass cuttings, leaves, garbage and offal
or other waste, except as hereinafter provided.
The Common Council of the City of Cohoes, by
a majority vote, may by resolution permit or authorize the operation
of a sanitary landfill within corporate limits of the City of Cohoes,
New York.
The landfill shall be operated pursuant to § 19
of the New York State Sanitary Code promulgated by the New York State
Department of Health and pursuant to a permit issued by the Albany
County Department of Health.
Any permit issued by the Common Council of the
City of Cohoes shall be revocable upon 48 hours' written notice to
the permittee.
[Amended 6-23-1992 by Ord. No. 39-1992; 12-10-1996 by L.L. No. 4-1996; 5-25-1999 by Ord. No.
28-1999; 8-28-2001 by Ord. No. 18-2001; 5-4-2005 by Ord. No. 10-2005]
Any person, firm or corporation found in violation of this Article II shall be subject to a fine of not more than $250 or up to 15 days in jail, or both, for each violation thereof. Appropriate amounts of community service may be substituted for fine or jail. Each day that the violation continues shall be a separate offense. In addition, in the cases where a City of Cohoes Code Enforcement Officer or garbage enforcement officer, as defined in § 239-22 herein, has identified any improperly placed material, said Officer may issue an order to remove the material. Said order to remove shall serve as notice that the owner of the affected property must remove said improper material by 7:00 a.m. the next calendar day or the City of Cohoes may remove said material and charge any violator under this article the greater of $100 or the actual cost of removal of garbage, junk or other offal placed within the City of Cohoes in violation of this article. This civil charge shall be in addition to any fines levied under this article and may be collected as restitution as defined in the New York State Penal Law, or said charge may be assessed as a lien against the property concerned and collected by the City, like other taxes and assessments. Before the assessment of any lien against the land, the owner, as indicated by the latest records of the City Assessor, shall be provided with notice and an opportunity to be heard. Said notice, whether in the form of the order to remove or other, shall be served by regular mail to the last known address and by affixing to the residence or most obvious structure on the property concerned where possible.
