New Castle, NY
§ 85-4. Shopping carts or wagons. [Amended 2-27-1990 by L.L. No. 5-1990]
Owners of shopping carts or wagons shall provide a place near or inside the building for the storage of such carts ; or wagons when they are not in use. Owners shall collect unused shopping carts or wagons at least once every hour during business hours and at the close of the business day and return them to the storage place.
§ 85-6. Clearing of litter by town; costs as lien.
A.Notice to remove. The Building Department or its duly appointed designee is hereby authorized and empowered to notify the owner, or the agent of such owner, of any open or vacant private property or commercial place with the town to properly dispose of litter located on such owner's property which is a nuisance, or dangerous to public health, safety or welfare or in violation of this chapter. Such notice shall be sent by certified mail, addressed to said owner at his last known address.
B.Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare or in violation of this chapter, within seven days after receipt of written notice provided for in Subsection A above or within seven days after the date of such notice or, in the event that the same is returned to the Building Department because of its inability to make delivery thereof, provided that the same was addressed to the last known address of such owner or agent, the Building Department or its duly appointed designee is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the town.
C.Charge included in tax bill. When the town has effected the removal of such litter or has paid for its removal, the actual cost thereof, plus accrued interest, at the rate of 6% per annum from the date of completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the town, and said charge shall be due and payable by said owner at the time of payment of such bill.
D.Filed statement constitutes lien. Where the full amount due the town is not paid by such owner within 20 days after the disposal of such litter, as provided for in Subsections A and B above, then and in that case the Building Department or its duly appointed designee shall cause to be filed in the office of the Town Clerk and Receiver of Taxes a sworn statement showing the cost and expense incurred for the work; the date the work was done; the location of the property, by school district, street address or description, on which said work was done; and the name of the reputed owner thereof. The filing of such a sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus the costs of the court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes, and further, shall be subject to a delinquent penalty of 6% in the event that the same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements filed in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. The remedy herein shall not be exclusive and any other action to collect said sum due may be maintained by the town.
§ 85-7. Penalties for offenses. [Amended 2-27-1990 by L.L. No. 5-1990]
A.A violation of any provision of this chapter shall be punishable by a fine. Each day such violation is committed or permitted to continue shall constitute a separate offense.
B.The fine for a first offense shall be not less than $50 nor more than $500.
C.For further offenses within a 24 month period:
(1)The fine for the second offense shall be not less than $250 nor more than $500.
(2)The fine for the third offense shall be not less than $500 nor more than $1,000.
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