VILLAGE OF ORISKANY FALLS

                        LOCAL LAW #2 “SANITATION LAW” OF 2000

                                ADOPTED: May 16, 2000

I.    Purpose.

                The purpose of this local law shall be to generate sufficient revenues to pay all costs associated with:

A.                  Providing for pick-up of garbage once a week from the residences and business establishments in the Village of Oriskany Falls.

B.                   Providing for pick-up of recyclables once a week from the residences and business establishments in the Village of Oriskany Falls.

C.                   Providing for the pick-up of trash twice yearly, once in the spring and once in the fall from the residences and business establishments in the Village of Oriskany Falls.

II.   Applicability.

This local law shall establish the procedure for determining equitable service charges to be levied on all users that produce garbage and trash in the Village of Oriskany Falls, Oneida County, State of New York. This local law shall have jurisdiction over the collection of all public garbage and trash within the Village of Oriskany Falls, Oneida County, State of New York.

III.        Definitions.

A.                  The term “customer” shall mean the individual, firm, association, corporation, landlord or owner whose name the Village of Oriskany Falls has on its books as the property owner.

B.                   The term “family” shall be one (1) or more persons occupying a single premises or unit.

IV.            Sanitation Units.

A.            The quarterly capital charge based upon a unit system of measurement shall be established as follows:

1.        Each single-family dwelling shall be charged at the rate of one (1) unit.

2.        Each two family house, apartment house or multiple dwelling shall be charged at the rate of one (1) unit for each apartment or dwelling unit.

3.        Commercial establishments, including but not limited to most retail stores, barrooms, taverns, gas stations or garages, wholesale distributors, light manufacturers, barber and beauty shops, banks, post offices, funeral homes, professional and business offices, day care centers, adult care centers, or other types of business enterprises not heretofore or hereinafter described, shall be charged at the rate of one (1) unit per commercial space whether occupied or not.

4.        Churches, lodges and religious or charitable organizations shall be charged at the rate of one (1) unit.

5.        Bowling Alleys shall be charged at the rate of two (2) units

6.        Lunch bars, restaurants and similar properties shall be charged at the rate of five (5) units.

7.        Supermarkets and similar establishments shall be charged at the rate of ten (10) units.

8.        In the event the use of any parcel or real property combines two or more of the classifications herein set forth (except public schools), the number of units in each classification shall be determined, and the total thereof shall constitute the number of units to be charged to the entire parcel.

9.        The Village Board shall determine any classification not covered above including but not limited to public schools, industrial plants, nursing homes, hotels and motels.

B.                   All charges are based on what exists at the time of presentation of this law. Any changes will be resolved by resolution of the Village Board.

C.                EXEMPTION – Any commercial establishment may be exempted from the applicability of this local law and the charges hereunder by resolution of the Village Board after providing evidence that they have entered into a contract for the pickup and disposal of all garbage and trash generated by such commercial establishment with a commercial hauler, provided however, that no such exemption shall become effective unless application is made therefore at least six (6) months prior to the termination of the then existing contract between the village and its contract hauler, and with such new exemption to be effective upon the effective date of any new contract.

V.                Sanitation Charges.

A.                  The quarterly sanitation charge includes the pick-up of garbage and recyclables, tipping fees, trash days and fees for the disposal of the trash.

B.                   The pickup of tires and small appliances shall continue to remain separate and will have a separate charge per tire and per appliance.

C.                   The Village Board shall establish the amount of the sanitation charge. These levies shall be separate from this law and controlled by resolution of the Village Board after a public hearing.

VI.            Sanitation Payment.

A.                  Sanitation charges shall be due and payable in advance at the office of the Village Clerk on the 1st days of January, April, July and October of each year. In the event any sanitation charge shall not be paid within 45 days from the date such charge is due, it shall be considered delinquent, and a penalty in the amount equal to ten percent (10) of the amount of the bill, shall be added to the amount due. Notice will then be given and 15 days allowed for payment in full.

B.                   The Village Clerk shall keep a record of all owners of real property within the Village, and this record shall indicate the number of units charged to such property. Bills shall be mailed to the owners of such property at the address to which Village tax bills are mailed. Failure of any owner or designated agent to receive a bill promptly shall not excuse non­payment of same as herein provided, and in the event an owner fails to receive a bill promptly, he shall obtain a bill at the office of the Village Clerk.

C.                   The Village may enforce collection of delinquent sanitation charges directly against the responsible party and by relevy of such charges in the annual village tax levy.

D.                Sanitation bills may be paid by mail and must be postmarked on or before last date acceptable to avoid penalty, in person, or by use of the drop box a the Village Hall.

VII.        Inconsistent Agreements and Separability.

A.                  INCONSISTENT AGREEMENTS: This system of sanitation charges determination shall take precedence over any terms or conditions of agreements, or contracts between the grantee and users (including special districts, other manipulations, other states or Federal agencies or installations).

B.                   SEPARABILITY: The invalidity of any section, clause, sentence or provision of this local law shall not affect the validity of any other part of this local law which can be given effect without such invalid part or parts.

VIII.        Conflicts

All local laws or parts of local laws in conflict herewith are hereby repealed.

IX.           Unified Billing.

A.                  The Village of Oriskany Falls shall send out a Utility Bill on the 1st day of January, April, July and October of each year.  This Utility Billing shall consist of three (3) components: Water Billing, Sewer Billing and Sanitation Billing.

B.                   The customer has 45 days from the date of billing to pay this Utility Bill in full. The customer must pay the entire bill. No partial payments will be accepted.  If not paid on or before 45 days, a penalty fee of 10% will be added. Notice shall then be given and 15 days allowed for payment in full or water service will be disconnected.  Reinstatement of water services inside the village can be accomplished only by paying all charges, penalties and fees due at the time of reconnect.

X.     Local Law in Force

This local law shall be in full force and effect from and after its passage, approval, recording, and publication as provided by state and local law. This local law shall take effect July 1, 2000 to coincide with the unified billing. Water use charges are for what has been used. All other charges are payments in advance.