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Thread: Public hearing to amend garbage/rubbish/refuse ordinance

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    Public hearing to amend garbage/rubbish/refuse ordinance

    Three public hearings will be held at the Lancaster Town Board meeting to allow the public to weigh in on proposed amendments to Chapter 25 regarding Local Law garbage/rubbish/refuse ordinances. The hearings will be held Monday evening January 5, 2015 at Town Hall starting at 7:15 pm.

    Public hearing #1- Article III, Section 11 – Refuse recycling

    Defines what is and what is not considered recyclable material and subject for waste management pick up; complies with NYS recently established requirement.

    Public hearing #2- Article III, Section 12 – Duties of owners and occupants

    H. Every owner/occupant of any residential, commercial and/or institutional property located within the Town’s Refuse District shall put out for collection Municipal Solid Waste (MSW) and recyclable materials no earlier than 5 P. M. on the day prior to collection.

    J. Every owner and/or occupant of any residential property located within the Town’s Refuse District shall be responsible for storing all MSW materials in a leak-proof container with a close-fitting cover at all times until removed from the premises at disposal. Such container, including contents, shall not exceed sixty (60) pounds in weight.

    The code language change brings the Town of Lancaster in compliance with New York State’s Property Maintenance Code - Section 307 – Rubbish and Garbage:

    §307.2 Disposal of rubbish

    §307.3.2 Containers

    This code amendment eliminates the practice of placing plastic bags with permitted MSW materials at curbside for waste management pickup.

    While favoring the new time limit of setting garbage curbside (5 pm the evening before pickup) because of some residents who set garbage out days in advance of collection, resident Don Symer spoke on the hardship put on individuals with disabilities and/or the elderly in being compelled to use lidded containers. “Circumstances demand that special consideration be made for the elderly and disabled people,” declared Symer.

    Supervisor Dino Fudoli responded that the town would use a common sense approach in that if someone proves they can’t… have a problem or something related to physical condition or age… the town’s intent is not to go running around finding those people as serious offenders and penalizing them. Therefore, I don’t find us having to put all kinds of stipulations in the amendments to establish such kinds of resolutions.”

    “If a letter were sent to someone who was not in compliance and they said they were unable to comply because of age, health, physical disability, whatever, that would be taken into consideration by Mr. Simme’s office; a common sense approach based on credible reason for not complying with the ordinance. I don’t know how complex we can make these resolutions to single out every exception. It would create more problems.”


    Public hearing #3 – Article III, Section 25 - Prohibited acts; penalties for offense

    Currently a very nebulous process regarding identifying offenders, penalizing said offenders and Townwide enforcement capabilities.

    When asked at the last meeting on the current process for handling code violators, Town Building Inspector Jeff Simme declared that code violators are sent a letter advising of the violation and a request for compliance. If they don’t comply they receive a second letter. If the violator refuses to again comply, Simme said they are sent to court where the court could charge them up to $250 a day for non compliance.

    Have there been court appearances and how can a three-man code enforcement department monitor and enforce the code where the town has approximately 12,000 residences and approximately 8,000 businesses/other are questions needing answering at the public hearing.

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    Member gorja's Avatar
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    I did ask the supervisor if clear plastic bags would still be allowed to be put at the curb with grass, etc as the contents. He stated that would be allowed also the large brown paper yard waste bags would be allowed.

    Georgia L Schlager

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    I know the village has had the lidded trash can regulation for quite awhile. I just was on St John St. and there were only about 3-4 houses with their cans lidded. Everyone else had trash bags on the ground or piled on the trash cans. Wonder when the rats will be back on St John st?

    Georgia L Schlager

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    Quote Originally Posted by Lee Chowaniec View Post
    Three public hearings will be held at the Lancaster Town Board meeting to allow the public to weigh in on proposed amendments to Chapter 25 regarding Local Law garbage/rubbish/refuse ordinances. The hearings will be held Monday evening January 5, 2015 at Town Hall starting at 7:15 pm.

    Public hearing #1- Article III, Section 11 – Refuse recycling

    Defines what is and what is not considered recyclable material and subject for waste management pick up; complies with NYS recently established requirement.

    Public hearing #2- Article III, Section 12 – Duties of owners and occupants

    H. Every owner/occupant of any residential, commercial and/or institutional property located within the Town’s Refuse District shall put out for collection Municipal Solid Waste (MSW) and recyclable materials no earlier than 5 P. M. on the day prior to collection.

    J. Every owner and/or occupant of any residential property located within the Town’s Refuse District shall be responsible for storing all MSW materials in a leak-proof container with a close-fitting cover at all times until removed from the premises at disposal. Such container, including contents, shall not exceed sixty (60) pounds in weight.

    The code language change brings the Town of Lancaster in compliance with New York State’s Property Maintenance Code - Section 307 – Rubbish and Garbage:

    §307.2 Disposal of rubbish

    §307.3.2 Containers

    This code amendment eliminates the practice of placing plastic bags with permitted MSW materials at curbside for waste management pickup.

    While favoring the new time limit of setting garbage curbside (5 pm the evening before pickup) because of some residents who set garbage out days in advance of collection, resident Don Symer spoke on the hardship put on individuals with disabilities and/or the elderly in being compelled to use lidded containers. “Circumstances demand that special consideration be made for the elderly and disabled people,” declared Symer.

    Supervisor Dino Fudoli responded that the town would use a common sense approach in that if someone proves they can’t… have a problem or something related to physical condition or age… the town’s intent is not to go running around finding those people as serious offenders and penalizing them. Therefore, I don’t find us having to put all kinds of stipulations in the amendments to establish such kinds of resolutions.”

    “If a letter were sent to someone who was not in compliance and they said they were unable to comply because of age, health, physical disability, whatever, that would be taken into consideration by Mr. Simme’s office; a common sense approach based on credible reason for not complying with the ordinance. I don’t know how complex we can make these resolutions to single out every exception. It would create more problems.”


    Public hearing #3 – Article III, Section 25 - Prohibited acts; penalties for offense

    Currently a very nebulous process regarding identifying offenders, penalizing said offenders and Townwide enforcement capabilities.

    When asked at the last meeting on the current process for handling code violators, Town Building Inspector Jeff Simme declared that code violators are sent a letter advising of the violation and a request for compliance. If they don’t comply they receive a second letter. If the violator refuses to again comply, Simme said they are sent to court where the court could charge them up to $250 a day for non compliance.

    Have there been court appearances and how can a three-man code enforcement department monitor and enforce the code where the town has approximately 12,000 residences and approximately 8,000 businesses/other are questions needing answering at the public hearing.
    A public hearing was held Monday evening on each of the proposed refuse amendment changes. No one from the public spoke at any of the hearings.

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    Member gorja's Avatar
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    Originally posted by Lee Chowaniec:
    J. Every owner and/or occupant of any residential property located within the Town’s Refuse District shall be responsible for storing all MSW materials in a leak-proof container with a close-fitting cover at all times until removed from the premises at disposal. Such container, including contents, shall not exceed sixty (60) pounds in weight.
    Posted by Lee:
    H. Every owner/occupant of any residential, commercial and/or institutional property located within the Town’s Refuse District shall put out for collection Municipal Solid Waste (MSW) and recyclable materials no earlier than 5 P. M. on the day prior to collection.
    Last Monday morning before daylight, I saw garbage flying around across the street and down the street. I drove down and saw the people inc house down the street on the corner had 4 or 5 of their totes out with the lids open. Loose garbage was piled high and the wind was gusting. It's not the first time. Most of the loose trash ends up in a low lot that has poor drainage. I emailed Simme. He responded at about 12:30 that he would send someone to investigate. By that time of the day, the garbage was probably already picked up.



    Now, today a resident on Ronald has garbage bags sitting at the street already. There's no pick up on Easter Sunday.

    Since the ordinance doesn't seem to be followed, maybe on Monday, I'll just take my garbage out in bags so I don't have to hunt around for my lids after work.

    Georgia L Schlager

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    Most of the blowing debris comes from the recycle bins; wind swept cardboard, newspapers, milk jugs, etc...

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    Quote Originally Posted by skoorbekim View Post
    Most of the blowing debris comes from the recycle bins; wind swept cardboard, newspapers, milk jugs, etc...
    Not this time.

    Georgia L Schlager

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