§ 14-15. Penalties and remedies for violation.

(a)

Except as otherwise provided herein, any person or generator who shall knowingly and willfully violate or assist in the violation of this article shall be guilty of an offense and upon conviction shall be subject to a fine of two hundred fifty dollars ($250.00). Each day such violation shall continue shall be deemed a separate violation subject to a separate fine.

(b)

Except as otherwise provided herein, violation of any provision of this article which shall result in the discharge or accumulation of commercial waste, construction and demolition debris, garbage, hazardous waste, household waste, industrial waste, regulated medical waste, refuse, rubbish, solid waste, and yard waste, as those terms are defined herein, shall, in addition to any penalties otherwise provided, be deemed a nuisance for purposes of civil remedies.

(c)

In addition to any penalty or other measure provided herein any violation of this article which results in the discharge or accumulation of commercial waste, construction and demolition debris, garbage, hazardous waste, household waste, industrial waste, regulated medical waste, refuse, rubbish, solid waste, special wastes, unacceptable waste, untreatable waste, and yard waste, as those terms are defined herein, shall be deemed to constitute a threat to public health and safety. It shall therefore be the duty and responsibility of the commissioner to (i) provide notice of the condition to the waste generator and/or person as defined herein, responsible for the property where the violation has occurred by placing a prominent marker on the discharge or accumulation; (ii) mail notice of such condition to the waste generator and/or person as defined herein, responsible for the property where the violation has occurred at the address filed by him in the office of the department of finance, and if his address is not so filed, then in such case notice shall be sent by certified mail to his last known address or place of residence; (iii) if the condition remains uncorrected for twenty-four (24) hours after placing of a marker, take such steps as shall be appropriate in the judgment of the commissioner to correct the condition; and (iv) deliver a bill for the reasonable cost of the corrective action plus an administrative surcharge of the greater of one hundred dollars ($100.00) or fifty (50) percent of the cost of the corrective action to the waste generator and/or the person as defined herein, responsible for the property where the violation has occurred and the commissioner of assessment who shall add any unpaid amount of said bill to the next succeeding property tax bill as a "special solid waste charge" which shall be a lien against the property.

(d)

Each occurrence of any violation of the provisions of this article with respect to the handling, storage, collection, and disposal of hazardous waste or regulated medical waste shall be a misdemeanor and shall be punishable by a term of imprisonment of not less than thirty (30) days nor more than one (1) year.

(e)

Violation of any provision of this article pertaining to the licensure, or operation of solid waste collection vehicles shall be punishable as follows:

(1)

First violation of an operating provision within twelve (12) consecutive months: $250.00.

(2)

Second violation of an operating provision within twelve (12) consecutive months: $500.00.

(3)

Third and succeeding violations of an operating provision: Suspension of license for a period of up to one (1) year.

(4)

Operating without a license or on a suspended license shall be a misdemeanor punishable by a fine of two hundred fifty dollars ($250.00) or by a term of imprisonment of not less than sixty (60) days nor more than one (1) year.

(5)

Failure to deliver all solid waste collected within the city of Syracuse and destined for disposal within New York State to the city of Syracuse approved disposal site: $250.00, plus revocation.

(6)

Failure to attach a municipal sticker to the hauler vehicle: $250.00.

(7)

Duplication or imitating the municipal sticker or engaging in the selling of the municipal sticker: $250.00, plus revocation.

(f)

Accepting and or disposing of county designated recyclable materials as solid waste: $200.00

(g)

Removing, destroying or disposing of a recycling container or using same for other than storage of a county designated recyclable: $150.00.

(h)

Failure to notify the city of Syracuse, thirty (30) days prior written notice of any cancellation, nonrenewal or modification of required insurance policy: $50.00.

(i)

Failure to comply with the designated hours of operation: $200.00.

(j)

In addition to the above-provided penalties and revocations, or in lieu thereof, the corporation counsel may also institute and maintain an action or proceeding in the name of the city of Syracuse in a court of competent jurisdiction to compel compliance with or to restrain by temporary restraining order, preliminary and/or permanent injunction, any violation of this ordinance.

(k)

This ordinance shall be enforced by the city department of public works, department of community development, office of code enforcement, city police department, city building inspector, city fire inspector, superintendent of highways, Onondaga County Sheriff's Department, New York State Police, department of environmental conservation officers and all other law enforcement agencies with jurisdiction over such violations.

(Gen. Ord. No. 48-2001, 10-22-01)