2010-05-26 / Legal Notices

County of Putnam Local Laws # 4, 5, 6, 7

LEGAL NOTICE
County of Putnam
Local Law #4 of 2010
A LOCAL LAW TO AMEND CHAPTER 205 OF THE PUTNAM COUNTY CODE ENTITLED “SOLID WASTE”
Section 1.
Chapter 205 of the Putnam County Code entitled “Solid Waste” is hereby amended to read as follows:
Chapter 205, SOLID WASTE
[HISTORY: Adopted by the Legislature of the County of Putnam as indicated in article histories. Amendments noted where applicable.]
ARTICLE I, Tire Disposal  [Adopted 9-6-1988 by L.L. No. 8-1988]
§ 205-1  Legislative findings and declarations.
The County Legislature finds that there is a need for a comprehensive approach to regulating the accumulation, discarding and disposal of waste tires in the County of Putnam. Waste tires cannot be disposed of at conventional landfills or easily recycled. Consequently, waste tires tend to be discarded in large waste piles at unregulated sites across the state. Tires discarded in this manner provide a breeding place for mosquitoes, rats and other vermin. Tires discarded in an unregulated manner also pose the risk of uncontrollable fire.  
§ 205-2  Definitions.
As used in this article, the following terms shall have the meanings indicated:  
COLLECTION SITE  -- A permitted site or a site exempted from permit under § 205-4 of this article used for the limited storage of waste tires prior to the processing of those tires.   
COUNTY  -- The County of Putnam, State of New York.   
DEPARTMENT  -- The Putnam County Department of Environmental Health.   
DIRECTOR  -- The Director of the Putnam County Department of Environmental Health.   
DISCARDING  -- The abandoning, dumping, depositing or otherwise placing waste tires on any public or private property in this county or in the waters of this county.   
DISPOSAL  -- The abandoning, dumping, depositing or otherwise placing waste tires at an approved disposal facility.   
PROCESSING  -- Reducing or altering the volume or the chemical or physical characteristics of waste tires in order to produce usable materials, including fuel.   
SURPLUS  -- Any amount or number of waste tires at any collection, processing or disposal site or facility which is in excess of the amount or number allowed for that site or facility under §§ 205-4 and 205-6 of this article.   
TIRE COLLECTOR  -- A person who owns or operates a site used for the storage, collection or deposit of (more than 50) waste tires.   TIRE DUMP  -- An establishment, site or place of business in existence prior to or on the effective date of this article without a required tire collector or tire processor permit that has been used for the storage or stockpiling of unprocessed waste tires.   
TIRE PROCESSING SITE  -- A permitted site, or a site exempted from permit under § 205-4 of this article used for the processing of waste tires and for the limited and temporary storage of waste tires prior to processing.   
TIRE PROCESSOR  -- A person or business engaged in the processing of waste tires.   
VECTOR  -- A carrier that is capable of transmitting a pathogen from one organism to another, including, but not limited to, flies, mosquitoes and other insects, rodents, birds and vermin.   
WASTE TIRE  -- Any tire that has ceased to serve the purpose for which it was originally intended due to factors, such as, but not limited to, wear, damage, defect or imperfection, and has been discarded.   
§ 205-3  Discard prohibited except at processing site.
It shall be unlawful for any person, directly or indirectly, to discard any waste tires in this county except at a permitted processing site, collection site or waste disposal facility.  
§ 205-4  Permit requirements.  
A.    On and after the effective date of this article, no person shall engage in the collection or processing of waste tires or construction of facilities to do so without first having obtained an applicable permit pursuant to this article.  
B.    Preexisting sites.  
(1)    The owner or operator of any tire dump, collection site or processing site in existence on the effective date of this article shall, within 60 days of the effective date of this article, provide the Department with information concerning its location, size and the approximate number of waste tires stockpiled or stored at the site or dump. The owner or operator of a preexisting site which is not in compliance due to a surplus inventory of waste tires over and above the amounts set forth as limits in §§ 205-4 and 205-6 of this article shall, within 90 days after the effective date of this article, submit a timetable for the reduction and elimination of such surplus so as to come into compliance with the terms of this article within one year of its effective date.  
(2)    Within one year of the effective date of this article, all tire dumps, collection sites or processing sites shall either be in compliance with this article or shall cease operations and remove the waste tires from the facility and dispose or treat them in a lawful manner. When the facility attains the maximum number of tires allowed in the permit or when an exempt facility or person attains the maximum number of tires allowed under terms of the exemption in Subsection C, the facility must cease accepting tires.    
C.    Exemptions. A permit is not required under this article if the following facilities construct or operate areas for storing or stockpiling waste tires:  
(1)    If no more than 1,000 waste tires are stored on the facility premises of a:   
(a)    Facility at which waste tires are generated as a result of selling new tires;   
(b)    Tire retreading business;   
(c)    Business that in the ordinary course of its activities removes tires from motor vehicles; or   
(d)    Permitted solid waste management facility.    
(2)    A person using fewer than 500 waste tires for acceptable agricultural management practices, if the waste tires are kept on the site of use.  
(3)    A person using fewer than 250 tires for ordinary navigational purposes.      
§ 205-5  Powers and duties of Director.  
A.    Within one year after the effective date of this article, the Director may adopt and promulgate rules and regulations to carry out the provisions of this article. Such rules and regulations may provide for the administration of (waste) tire collector and tire processor permits, the regulations and operation of tire collection and processing facilities and waste tire nuisance abatement. Such rules and regulations, prior to implementation, must be approved by the Putnam County Legislature.  
B.    The Director may provide technical assistance to municipalities and other persons engaged in the collection or processing of waste tires.    
§ 205-6  Tire collection and processing facility operations.
All facilities storing or stockpiling or otherwise processing waste tires must operate in compliance with the following:  
A.    A facility that contains up to 2,500 tires (at a site that is exposed to the atmosphere and elements) shall comply with all of the following conditions:  
(1)    The facility may receive and accumulate only waste tires for stockpiling.  
(2)    All solid waste generated as a result of facility operation must be recycled or disposed of at an approved solid waste disposal facility within one week after generation.  
(3)    Tires shall be accumulated in piles no greater than 15 feet in height with horizontal dimensions no greater than 200 feet on the longest axis, and the base of each pile must have a surface area no greater than 8,000 square feet.  
(4)    Waste tire piles must have a minimum separation distance of 50 feet between piles and between a pile and the following: facility property boundaries, buildings and other structures, not including rights-of-way. These fifty-foot separation areas must be maintained free of obstructions at all times so that emergency vehicles will have adequate equipment access. Tire piles must be accessible to fire-fighting equipment on all sides.  
(5)    Approach roads to the facility and access roads within the facility must be constructed for all weather conditions and must be maintained in passable condition at all times to allow for access by fire-fighting and emergency response equipment.  
(6)    The facility must be maintained free from weeds, trees and vegetation which may restrict access or operations at the facility.  
(7)    Drainage shall be provided for the storage area to prevent the uncontrolled collection and pooling of water on the facility.  
(8)    All waste tire stocks must be maintained in a manner which limits mosquito breeding potential and other vectors.  
(9)    Methods of acceptable vector control may include one or more of the following:   
(a)    Covering by plastic sheets or other impermeable barriers, other than soil, to prevent the accumulation of precipitation.   
(b)    Chemical treating to eliminate vector breeding, provided that all chemical treatment programs used as part of the vector control plan first receive Department approval by the Department pesticide officer in the region in which the facility is located.   
(c)    Mechanical tire size reduction into pieces no larger than four inches by six inches with storing piles that allow complete water drainage.    
(10)    The person collecting or processing tires must provide financial security acceptable to the county in an amount sufficient to cover the cost of removing the tires from the site in case of an emergency at the site or the insolvency of the person collecting or processing the tires.  
(11)    An emergency procedures plan shall be prepared and displayed at the tire storage facility. The plan shall include telephone numbers of the local fire, police and other emergency service departments. The plan shall be reviewed by the local Fire Department and county fire officials prior to being posted.    
B.    A waste tire facility having a planned or actual capacity of 2,500 or more waste tires that are exposed to the atmosphere and elements shall comply with all the conditions of Subsection A of this section and the following:  
(1)    The area must be completely enclosed by a woven wire, chain-link or other acceptable noncombustible fence material. The fence must be at least six feet in height. Access must be controlled by lockable gates.  
(2)    A dirt berm or barrier not less than five feet in height shall be positioned at the perimeter of the area in which the tires are stored.  
(3)    The area must have at a minimum a hydrant or fire pond on the facility and large-capacity carbon dioxide or dry chemical fire extinguishers located in strategically placed enclosures throughout the entire site.  
(4)    If a fire pond is provided, the vector control plan must include provisions to limit mosquito breeding potential and other vectors in the vicinity of the pond.  
(5)    A timetable for volume reduction of waste tires must be submitted by the owner or operator of the site which must provide for a reduction in volume of at least 25% of (surplus) inventory per year until the facility comes into conformity with the requirements of §§ 205-4 and 205-6 of this article.      
§ 205-7  Waste tire fund.  
A.    There is hereby established within the custody of the County Commissioner of Finance a revolving fund, to be known as the "Waste Tire Fund."  
B.    Such Fund shall consist of all of the following:  
(1)    All fines or other sums payable to the Fund pursuant to § 205-8 of this article; and  
(2)    Moneys appropriated for transfer to the Fund.    
C.    Moneys in the account of this Fund, when allocated, shall be available to the Director of the Putnam County Department of Environmental Health for the purposes of carrying out the provisions of this article.  
D.    The moneys, when allocated, shall be paid out of the fund on the audit and warrant of the Commissioner of Finance on vouchers certified or approved by the Director of the Putnam County Department of Environmental Health.    
§ 205-8  Penalties for offenses.  
A.    Criminal sanctions. Any person who, having any of the culpable mental states defined in § 15.05 of the Penal Law, shall violate any of the provisions of or who fails to perform any duty imposed by this article or any rules and regulations promulgated thereto, or any final determination or order of the Commissioner made pursuant to this article shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine of not less than $1,000 nor more than $2,500 per day of violation.  
B.    Penalties and fines. All penalties and fines collected for violation of this article or any rules and regulations promulgated thereto, and all moneys collected in any action brought on behalf of the County of Putnam for damages resulting from unlawful storage or deposit of waste tires, shall be paid over to the Putnam County Commissioner of Finance for deposit to the credit of the waste tire fund established by this article.     
ARTICLE II, Recycling  [Adopted 8-5-1997 by L.L. No. 11-1997]
§ 205-9  Legislative intent and purpose.  
A.    The Legislature finds that the county faces an increasing threat to its environmental and economic well-being from the solid waste disposal crisis. It further finds that a significant amount of material which could be productively recycled is discarded each year, exacerbating the solid waste disposal crisis. The Legislature also finds that it is in the public interest, in order to protect the environment and the health of the citizens of the county, and to conserve energy and natural resources, to effect the recovery and recycling of waste materials which are currently being disposed of through landfilling or otherwise. Pursuant to these findings, and pursuant to the authority granted to the county by § 120-aa of the New York General Municipal Law, which requires municipalities to adopt a local law to require the source separation and segregation of recyclable or reusable materials from solid waste by September 1, 1992, and § 27-0107 of the New York Environmental Conservation Law, which authorizes planning units to adopt local plans to accomplish the solid waste management policies and goals delineated by the State at § 27-0106 thereof, the Legislature of the County of Putnam has enacted the Putnam County Recycling Law.  
B.    It shall be the purpose of the Putnam County Recycling Law to require source separation of recyclable materials in order to facilitate recycling to the maximum extent possible on the part of each and every household, business and institution within Putnam County. It shall further be the purpose of the Putnam County Recycling Law to establish, implement and enforce recycling-related practices and procedures for the separation of all recyclable materials from solid waste, as those terms are defined herein, for separate curbside collection and/or drop-off disposal. The practices and procedures prescribed herein shall be applicable to all waste generators and transporters within Putnam County and shall be consistent with New York State law, taking into consideration existing local recycling ordinances and programs.    
§ 205-10  Definitions.
As used in this article, the following terms shall have the following meanings:  
COMMINGLED  -- Source-separated, nonputrescible, uncontaminated recyclables placed in the same container.   
COMPOSTING – the aerobic decomposition of biodegradable organic matter, resulting in the production of compost.
CONSTRUCTION AND DEMOLITION DEBRIS -- Waste resulting from construction, remodeling, repair and demolition of structures, road building and land clearing. Such waste includes but is not limited to bricks, concrete and other masonry materials, soil, rock, lumber, road spoils, paving material and tree and brush stumps. Construction and demolition debris shall not be construed to include garden and yard waste.   
COUNTY EXECUTIVE  -- The duly elected County Executive of Putnam County.   
COUNTY LEGISLATURE  -- The duly elected Legislature of Putnam County.   
CURBSIDE  -- In a dumpster designated for the collection of solid waste or within five feet of the town, county or state highway or driveway nearest to a residence or business.   
E-WASTE – discarded electric or electronic devices, components, or parts thereof.
FARM HAZARDOUS WASTE  -- All containers containing pesticides and/or pesticide residue, as well as herbicides, fertilizers and antibiotics and which can no longer be utilized for farm purposes.   
GARDEN AND YARD WASTE  -- Grass clippings, leaves and cuttings from shrubs, hedges and trees.
GREEN WASTE – biodegradable materials such as leaves, grass, weeds, and wood material from trees and shrubs   
HOUSEHOLD GARBAGE  -- Putrescible solid waste, including animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking or serving of food. Household garbage originates primarily in home kitchens, stores, markets, restaurants and other places where food is stored, prepared or served. Household garbage shall not he construed to include garden and yard waste.   
HOUSEHOLD HAZARDOUS WASTE (HHW)  -- All containers containing pesticides, herbicides, paints, solvents, turpentine and/or their residue. Household hazardous wastes are those materials found in the residential waste stream that would be regulated as hazardous wastes if they had been generated by industry. Additional examples of household hazardous waste include oil-based paint and other home maintenance products, pesticides, automotive fluids and hobby chemicals.   
LARGE HOUSEHOLD FURNISHINGS  -- All large and/or bulky articles actually used in the home (other than major appliances) and which equip it for living (such as chairs, sofas, tables, beds, carpets, etc.).   
MAJOR APPLIANCES  -- Any large and/or bulky household mechanism (such as a refrigerator, washer, dryer, stove, etc., sometimes referred to as "white goods") ordinarily operated by gas or electric current.   
PERSON  -- Any individual head of household, landlord, chief executive officer, owner, partner or manager of a commercial or industrial establishment or institution.   
PLASTIC BAGS – bags used to contain merchandise purchased in a grocery store or other retail store, or dry cleaning establishment for the purpose of transportation to the home of the consumer.
PLASTIC CONTAINER  -- Any container made from high density polyethylene (HDPE), or polyethylene terephthalate (PET), including but not limited to a plastic bottle which previously contained beverage, detergent, bleach, antifreeze, and/or a hair care product.   
RECYCLABLES  -- Any solid waste or other material which is separated from the waste stream and held for its materials recycling or reuse value. Recyclables include but are not limited to paper, glass, metals, plastics and garden and yard waste.   
REGULATED MEDICAL WASTE – discarded substances including, but not limited to, infectious animal waste, human pathological waste, human blood and blood products, needles and syringes, and cultures and stocks generated in research or healthcare.
SOLID WASTE  -- All putrescible and nonputrescible solid wastes, including but not limited to materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, or are being accumulated, stored or physically, chemically or biologically treated prior to being discarded or rejected, having served their intended purpose, or as a manufacturing by-product, including but not limited to garbage, refuse, industrial, commercial and agricultural waste sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal, but not including sewage and other highly diluted water-carried materials or substances and those in gaseous form, special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954, as amended, or waste which appears on the list or satisfies the characteristics of hazardous waste promulgated by the Commissioner of Environmental Conservation.   
SOLID WASTE MANAGEMENT PLAN  -- The solid waste management plan to be adopted by Putnam County pursuant to Title 1 of Article 27 of the Environmental Conservation Law.   
SOURCE SEPARATION  -- The segregation of recyclable materials from the solid waste stream at the point of generation for separate collection, sale or other disposition.   
SOURCE SEPARATION ORGANICS – putrescible solid waste, including animal and vegetable material, collected separately from non-putrescible solid waste.  Such waste includes, but is not limited to food scraps, vegetable waste, fruit waste, grain waste, dairy waste, meat waste, fish waste, food-contaminated paper and other compostable paper (such as pizza boxes, take-out containers, napkins, and paper towels), and other biodegradable residuals.
TOWNS AND VILLAGES  -- Each of the towns and incorporated villages in Putnam County, together with any town or village solid waste disposal district.   
VEHICULAR TIRES  -- Tires from cars, trucks and other vehicles and their casings.   
§ 205-11  Mandatory county-wide recycling.  
A.    Provision of recycling plans to county; schedule of implementation.  
(1)    In the interest of public health, safety and welfare, and in order to conserve energy and natural resources in Putnam County, each town and village within Putnam County shall be responsible for controlling the collection of recyclables within its jurisdiction in accordance with the provisions of this article and the Putnam County Solid Waste Management Law.  To the extent that they have not already done so, each such municipality shall provide to the Putnam County Department of Solid Waste a plan to provide for source separation and collection and/or drop-off of recyclable materials in accordance with the provisions contained herein and the Putnam County Solid Waste Management Law.  Such plan shall require regular source separation by all waste generators within the municipality and regular, reliable collection of recyclable materials by permitted waste collectors from each property that generates such material within the municipality.  
(2)    The County Legislature shall determine the schedule of implementation for source separation and collection of recyclable materials throughout the county, except that in no event shall implementation occur later than September 1, 1992. All mandatory recycling local laws or programs implemented by any town or village, so long as such ordinances or programs meet the minimum standards and timetables for such implementation set forth herein and conform with the County Solid Waste Management Law, will fulfill the requirements of this Putnam County Recycling Law.    
B.    Minimum standards and timetables for implementation of county-wide recycling.  
(1)    To the extent not already done so, implementation of all mandatory local recycling laws and/or plans shall have occurred no later than September 1, 1992.  
(2)    Commencing on or before January 1, 1992, all persons in the county in control of any premises shall be required to separate from all other solid waste that they set aside for disposal the following items:   
(a)    Newspaper.   
(b)    Corrugated paperboard.   
(c)    Glass containers.   
(d)    Plastic containers.   
(e)    Aluminum and bimetal beverage containers.   
(f)    Steel food containers.    
(3)    Commencing on or before January 1, 2000, all persons in the county in control of any premises shall be required to separate from all other solid waste that they set aside for disposal the following additional items:   
(a)    Magazines.   
(b)    Junk mail.   
(c)    Office paper.   
(d)    Brown kraft paper (i.e., grocery bags).   
(f)    Such other recyclables as may be determined from time to time by rule or regulation promulgated by the Director of the Putnam County Department of Environmental Health Services    
(4)    If a town or village plan so indicates, recyclable materials may be commingled for collection purposes.    
C.    Source separation and handling of recyclables.  
(1)    All generators of solid waste shall separate out all recyclable materials designated in §§ 205-11B and 205-14 of this article for separate curbside or drop-off collection. No person or persons shall dispose of recyclables, except by placing the same at curbside or other designated drop-off area which has been approved and designated as such by the municipality in which such person resides.  
(2)    All recyclable materials which have been source separated and placed at curbside or deposited at a designated drop-off center for separate collection shall, at all times, be collected, stored and transported separately from all other solid waste and shall be delivered to facilities duly permitted for the processing and marketing of recyclables.  
D.    Multidomicile buildings and complexes. All owners, managers and/or persons otherwise responsible for multidomicile buildings and/or complexes within Putnam County shall provide and maintain in a neat and sanitary condition a drop-off area complete with separate containers for the separate storage and collection of each recyclable material category generated by the residents of such building and/or complex. Such drop-off area shall be located on the premises and shall be conveniently accessible by all residents of such premises. It shall be the resident's responsibility to separate all designated recyclable materials from the solid waste they generate and deposit such materials into each separate designated container at the drop-off area. The owner, manager and/or person otherwise responsible for such building or complex shall be responsible for ensuring the separate collection and transport to market of all recyclable materials from such drop-off areas in accordance with the provisions of this article.    
§ 205-12  Waste Transporter Permit and Collection Requirements.  [Amended 12-4-2007 by L.L. No. 16-2007]  
A.    Permit required. In accordance with § 27-0305 of the New York State Environmental Conservation Law, no person shall engage in the transportation of regulated waste originating or terminating at any location in this County without first having obtained a permit to do so in accordance with the provisions of this article. Further, no person receiving a permit hereunder shall loan, rent or permit any person to use or receive the benefit of such license, directly or indirectly, by any arrangement whatsoever, and any person so doing shall subject his license to revocation as set forth in §§ 205-16 and 205-17 hereof.  
(1)    Applications for permit shall be made available at the Putnam County Department of Health and shall be distributed upon request to all waste transporters operating in Putnam County. Each permit issued hereunder shall expire on the last day of February of each calendar year and shall be renewed within 30 days preceding such expiration by applying to the Putnam County Department of Health.  
(2)    The Putnam County Commissioner/Director of Health or his/her duly authorized representative shall review all timely received applications and, if acceptable, shall issue a permit to the waste transporter.  
(3)    Any application which is deemed unacceptable and rejected by the Putnam County Commissioner/Director of Health or his/her duly authorized representative shall be promptly returned to the waste transporter, together with a written explanation of the reasons for the rejection thereof. Such waste transporter shall thereafter be afforded a reasonable amount of time, as determined by the Health Department, to remedy any deficiency in its application. If necessary, the Health Department may waive the thirty-day renewal period provided for in Subsection A(1) herein.  
(4)    In all cases, applications submitted by waste transporters who have outstanding violations and/or unpaid fines and/or penalties on file with the Putnam County Department of Health shall be denied until such time that such violation is remedied and/or such fine and/or penalty is paid in full.  
(5)    Violations of this section shall be subject to the enforcement and penalty provisions contained in §§ 205-16 and 205-17 herein.    
B.    Annual report. As a condition for the permit, the Putnam County Department of Health shall require the transporter to make an annual report to the Department, including the volume and nature of waste products, including recyclables, disposed of and the place and manner in which such waste products were finally disposed, and such other information as the Department may require. Failure to submit such annual report shall result in the automatic denial of the permit application.  
C.    Annual renewal. Such permit shall be renewed annually. A renewal may be denied by the Department for failure of the applicant to properly report as provided in Subsection B of this section.
D.  Permit Display.  Each person issued a permit under this chapter shall be issued a vehicle decal.  
    (1)    The vehicle decal must be affixed prominently on all vehicles owned, leased, or used by     the waste hauler in the performance of his or her business.
    (2)    All vehicles which are owned, leased or used in the name of a business entity, the owners, principals and/or employees of which are subject to the provisions of this chapter, must prominently display the business name and the Putnam County decal.
    (3) Failure to comply in any manner with the provisions of this section shall be a violation of this chapter and shall subject the permit holder to the sanctions provided for herein.
E.    Source Separation.  All waste transporters operating within Putnam County shall be responsible for collecting from their accounts all source-separated recyclable materials, as specified in § 205-11B herein, and shall, at all times, keep all recyclable materials separate from all other solid waste throughout the collection, transportation and delivery processes.
(1)  Solid waste shall not be mixed with recyclables (including scrap metals), or with green waste; each such waste must be separately collected or collected in a vehicle equipped to keep recyclables separated from solid waste.  Said vehicle must be approved by the Department of Environmental Health.    
(2)     Tires shall not be mixed with solid waste but must be separately collected, transported and delivered.
F.    Handling of CFCs.  It shall be a violation of this chapter for any hauler to handle any appliance containing CFCs, such as Freon, in such a manner that would allow for it to be crushed or for CFCs to escape into the atmosphere.
G.    Tire Collection.  Tires shall not be mixed with solid waste but must be separately collected and disposed in accordance with Article I of this chapter
H.    Every hauler shall offer recyclables collection to those persons for whom said hauler provides removal, collection or transport of solid waste.
§ 205-13  Marketing of recyclables.
It is the intent of the Putnam County Legislature that the county assist the towns and villages in the marketing of all recyclables generated in the county. At such time as a county materials recovery or recycling facility becomes operational, the county shall be responsible for marketing all recyclables properly delivered thereto. Until such facility is operational or contracted for by the county, the county, acting through the Putnam County Department of Environmental Health, will offer ongoing marketing consulting services to all towns, villages and/or approved organizations engaged in recycling activities within Putnam County.  
§ 205-14  Additional county-wide recycling programs.
In accordance with the New York State Environmental Conservation Law, and the rules and regulations promulgated thereunder at 6 NYCRR Part 360 (Chapter 152, Laws of 1990), the following specified waste stream items shall be disposed of in the manner prescribed herein:  
A.    Household hazardous waste.  
(1)    In accordance with 6 NYCRR Subpart 373-4, household hazardous waste may be separated from other household solid waste and self-hauled and dropped off at the location designated for the annual Household Hazardous Waste Collection Day hosted by the County of Putnam for such purpose; or, if the generator of such hazardous household waste so chooses, he or she may contract with a duly registered hazardous waste transporter for the collection, transportation and disposal of the generator's hazardous household waste.  
(2)    All such hazardous waste transporters operating in Putnam County, and their disposal facilities, must possess a valid and current permit issued pursuant to Title 7 of the New York State Environmental Conservation Law Article 27.    
B.    Lead-acid batteries.  
(1)    Legislative authority. In accordance with New York State Environmental Conservation Law, § 27-1701, the Putnam County Legislature finds that the improper disposal for lead-acid batteries constitutes a threat to the health and safety of the citizens of this county. To address such threat, the following practices relating to the recycling and disposal of lead-acid batteries are now required by law:   
(a)    Mixing and/or disposal of lead-acid batteries with solid waste is strictly prohibited.   
(b)    All lead-acid batteries shall be disposed of by delivering the same to a retailer, distributor, collector, battery recycling facility or, as a method of last resort, to an authorized hazardous waste facility.   
(c)    Every retailer and distributor shall accept, at no charge, up to two used lead-acid batteries per calendar month from any individual.   
(d)    Distributors shall accept, at no charge, used lead-acid batteries from any retailer to which the distributor sells new batteries.   
(e)    A five-dollar return incentive payment shall be imposed on consumers purchasing a new lead-acid battery who do not return a used lead-acid battery to the retailer at the time of purchase. This payment shall be refunded if the consumer returns a used lead-acid battery to such retailer within 30 days of the purchase date. If, after the thirty-day period expires, the consumer has not returned a used lead-acid battery to the retailer, then such retailer may retain the return incentive payment.   
(f)    Every retailer and distributor shall post a conspicuous sign displaying the universal recycling symbol and stating: "IT IS ILLEGAL TO DISCARD VEHICLE BATTERIES. STATE LAW REQUIRES US TO ACCEPT VEHICLE BATTERIES AT NO CHARGE FOR RECYCLING."   
(g)    The local Department of Motor Vehicles is required to provide information materials describing lead-acid battery collection requirements and used oil management practices at the time of vehicle registration.    
(2)    Administrative and civil sanctions.   
(a)    In conjunction with the procedures provided for in § 205-16 of this article, any person who knowingly or intentionally violates any of the provisions or fails to perform a duty imposed by § 205-14B of this article, except the duty to accept a lead-acid battery pursuant to § 205-14B(1)(d), shall be liable for a civil penalty not to exceed $50 for each violation, provided that such civil penalty shall be in addition to any other penalties authorized under this or any other local or state laws governing the illegal disposal of lead-acid batteries.   
(b)    Any retailer or distributor who refuses to accept a lead-acid battery as required pursuant to § 205-14B(1)(d) of this article shall be liable for a civil penalty not to exceed $500.   
(c)    Penalties under this section shall be assessed by the Putnam County Commissioner/Director of Health or his/her duly authorized representative pursuant to § 205-16 of this article. For the purposes of this section, disposal of each lead-acid battery, except as authorized pursuant to § 205-14B(1)(b) of this article, shall constitute a separate violation. [Amended 12-4-2007 by L.L. No. 16-2007]      
C.    Used motor oil. [Amended 12-4-2007 by L.L. No. 16-2007]  
(1)    "Used oil" defined. For the purpose of this section, the term "used oil" means all petroleum-based lubricating oils which have, through use, been contaminated by physical or chemical impurities which have not been removed by subsequent rerefining.  
(2)    Legislative authority. In accordance with Title 23 of Article 23 of the New York State Environmental Conservation Law, regarding the rerefining of used oil, the following practices and policies governing the disposal and recycling of used oil are now required by law:   
(a)    No person shall engage in the improper disposal of used oil. Used oil shall only be deposited in an available used oil retention facility or disposed of as otherwise authorized or permitted by the Putnam County Commissioner/Director of Health or his/her duly authorized representative.   
(b)    Every service and/or retail establishment and every other person, industrial operation, airport, trucking terminal or government facility generating at least 500 gallons of used oil annually shall provide and maintain used oil retention facilities in accordance with regulations contained in 6 NYCRR Subpart 360-14, or contract for used oil storage with another such establishment or municipality with an on-premises used oil retention facility. The used oil shall be periodically removed from the retention facility by a duly permitted waste transporter, who may dispose of used oil only by delivery to a rerefiner, except where otherwise permitted by the Putnam County Commissioner/Director of Health or his/her duly authorized representative.   
(c)    Every retail and/or service establishment that sells over 1,000 gallons of motor oil per year shall be required to accept during the normal business hours of the establishment, at no additional charge, used oil in quantities not exceeding five gallons per day from any individual. This requirement does not apply if the used oil retention facility is temporarily filled to capacity; and provided further that such establishment need only accept used oil that is uncontaminated and in screw-top, rigid, closed containers. In no event shall a used oil retention facility be allowed to remain at capacity for a period exceeding one week.   
(d)    Every service and retail establishment with an on-premises used oil retention facility shall post a conspicuous sign open to public view, stating: "WE ACCEPT USED OIL FOR RECYCLING AT NO CHARGE."   
(e)    Every service and retail establishment that contracts with another retail or service establishment shall post a conspicuous sign open to the public view stating: "USED OIL FOR RECYCLING WILL BE ACCEPTED BY (name of contracted establishment) AT (address of contracted establishment) AT NO CHARGE."   
(f)    A retail or service establishment shall not be required to accept used oil if such establishment has been granted a hardship waiver by the Commissioner of the New York State Department of Environmental Conservation for the inability to provide for on-premises used oil retention facilities or to contract for off-premises used oil collection. Written proof of such hardship waiver shall be presented to the Putnam County Commissioner/Director of Health or his/her duly authorized representative in defense of a charged violation of this section.    
(3)    Administrative and civil sanctions.   
(a)    In conjunction with the procedures provided for in § 205-16 of this article, any person who knowingly or intentionally violates any of the provisions or fails to perform a duty imposed by § 205-14C of this article shall be liable for a civil penalty not to exceed $50, except that any service or retail establishment that refuses to accept used oil as required by § 205-14C(2)(c) or who fails to post a sign pursuant to § 205-14C(2)(d) or (e) shall be liable for a civil penalty not to exceed $500.   
(b)    Penalties under this section shall be assessed by the Putnam County Commissioner/Director of Health or his/her duly authorized representative pursuant to § 205-16 of this article. Such civil penalty shall be in addition to any other penalties authorized under this or any other local or state laws governing the illegal disposal of used motor oil.      
D.    Tires.  
(1)    Disposal. In accordance with the New York State Environmental Conservation Law and the State of New York Codes, Rules and Regulations, Title 6, Part 360 (6 NYCRR Part 360), tires shall be disposed of in the following manner:   
(a)    Disposal of whole tires in any landfill is prohibited.   
(b)    Mixing and/or disposing of tires in any form with solid wastes is prohibited.   
(c)    Used tires shall be delivered to a duly authorized tire retailer at the time of purchase of new tires; or delivered to a local recycling drop-off center duly authorized to accept used tires; or delivered to a tire retailer that is authorized to accept used tires for disposal from the general public.    
(2)    Storage. No person shall engage in storing 1,000 or more waste tires at a time without first having obtained a permit to do so in accordance with 6 NYCRR Part 360.    
E.    Appliances and scrap metal.  
(1)    Terms defined.   
(a)    For purposes of this article, an appliance shall include any large industrial, commercial and/or residential appliance, including but not limited to such items as refrigerators, freezers, washing machines, clothes dryers, dishwashers, hot water heaters, stoves, ovens and the like.   
(b)    For purposes of this article, scrap metal shall include but not be limited to various types of metals from equipment, appliances and fixtures.    
(2)    All appliances and scrap metal shall be recycled by one of the following methods:   
(a)    Picked up, transported and delivered to an appropriate scrap metal recycling facility by the appliance retailer, vendor and/or distributor who delivers a new replacement appliance to a consumer at the time of such delivery;   
(b)    Picked up, transported and delivered by a duly permitted waste hauler to an appropriate scrap metal recycling facility; or   
(c)    Otherwise delivered to the appropriate local recycling drop-off center or scrap metal recycling facility that accepts used appliances and/or scrap metal.    
(3)    Once a consumer delivers an appliance to either a duly permitted waste hauler or appliance vendor, distributor and/or retailer, such consumer's responsibilities under this subsection shall be deemed to have been satisfied. Thereafter, full responsibility for the proper disposal of any appliances so delivered shall rest with the waste hauler, vendor, retailer and/or distributor who accepts such delivery.  
(4)    Disposal of appliances and scrap metal in any manner not prescribed herein is expressly prohibited.    
F.    Additional regulations to be promulgated.  
(1)    The county may also establish, through amendment to this Putnam County Recycling Law or through the promulgation of regulations, (pursuant to § 205-11B(3)(f) herein,) specific county-wide recycling programs for the following additional categories of solid waste:   
(a)    Residential, commercial and industrial construction and demolition debris.   
(b)    Sewage sludge.
(c) E-waste.    
(2)    Any such amendment or regulations shall be consistent with and subject to the provisions of the Putnam County Solid Waste Management Plan, once adopted, and the Putnam County Solid Waste Management Law.
§ 205-15  Scavenging.
To ensure full compliance with the provisions of this article, all recyclables, once separated from solid waste and placed at curbside for separate collection or deposited at any designated drop-off center, immediately become the property of the registered and authorized recyclables collector and/or transporter for any curbside location or drop-off center where such recyclables are deposited. It shall be unlawful for any unauthorized person or organization to scavenge or remove recyclables for any purpose whatsoever from their collection containers at any location.  
§ 205-16  Enforcement.  [Amended 12-4-2007 by L.L. No. 16-2007]  
A.    Investigation. The Putnam County Commissioner/Director of Health or any representative authorized in writing by the Putnam County Commissioner/Director of Health for such purpose may investigate any application, complaint or alleged violation of any provision of this article by conducting site inspections, informal interviews or preliminary hearings pertaining thereto.  
B.    Notice. Upon the finding of a violation of and/or noncompliance with any provision of this article or the rules, regulations and orders promulgated and issued pursuant hereto, the Putnam County Commissioner/Director of Health or a duly authorized representative shall serve upon the alleged violation a notice of violation, in writing, setting forth the exact nature of such violation and/or noncompliance.  
(1)    Such notice may be served in person; by mail; by telegraph; or by posting such notice conspicuously at the premises.  
(2)    Such notice shall set forth the date or dates of violation and/or noncompliance, or best approximation thereof, and section of law claimed to have been violated.        
C.    Hearing. In the event that the party served with a notice of violation in accordance with Subsection B of this section desires to challenge or contest the accuracy or legitimacy of such notice and/or the findings contained therein, then such person or persons may request a hearing on the violation.  
(1)    A request for hearing shall be made in writing to the Putnam County Commissioner/Director of Health or duly authorized representative and shall clearly state the basis upon which the notice of violation is being contested.  
(2)    In the event that such written request for hearing is not received by the Putnam County Commissioner/Director of Health or duly authorized representative within 14 days from the date of service of the notice of violation, then such hearing shall be deemed waived.  
(3)    Upon receipt of a timely written request, a hearing shall be set down for a certain day and shall be on due and adequate notice to the person or persons concerned. In no event shall such hearing be held within 30 days after receipt of such written request.  
(4)    The notice of hearing shall set forth the time and place of the hearing; the name of the person or persons concerned; the purpose of the hearing; general specifications with reference to the particular provisions of law, or rules and regulations, if any, involved; the right to present evidence and to examine and cross-examine witnesses; and the right to be represented by counsel.  
(5)    The Putnam County Department of Law shall appear on behalf of the Putnam County Department of Health and shall function as the presentment agency with respect to the alleged violation.  
(6)    On the return day of the hearing, a duly appointed hearing officer shall note the appearance of the person(s) in attendance; swear in all witnesses; and record their testimony.  
(7)    The hearing officer shall thereafter prepare findings of fact, conclusions and recommendations upon which the Putnam County Commissioner/Director of Health or his/her duly authorized representative shall make a formal order, setting forth the determination, conditions, if any, to be complied with and civil penalties, if any. Civil penalties shall be assessed in accordance with the provisions of § 205-17 of this article.  
(8)    The order of the Putnam County Commissioner/Director of Health or his/her duly authorized representative shall be filed in the Putnam County Department of Health, and a copy thereof shall be served upon the person or persons concerned.    
D.    Administration. This Putnam County Recycling Law shall be administered by the Putnam County Department of Health. The Office of the County Executive shall have oversight responsibilities.  
E.    Additional rules and regulations. Additional rules and regulations as may be promulgated by the Putnam County Department of Health, for the administration and/or enforcement of this Recycling Law shall be subject to the approval of the Putnam County Legislature. Following approval by the Putnam County Legislature, such additional rules and regulations shall be filed with the Clerk of the Putnam County Legislature.    
§ 205-17  Penalties for offenses; civil penalties.  [Amended 12-4-2007 by L.L. No. 16-2007]  
A.    Subject to the provisions of § 205-14B(2)(a) and C(3)(a), violations of this article shall be subject to a civil penalty not to exceed $500 for every such violation. All civil penalties and fines collected for any violation of this article shall be paid over to the Putnam County Commissioner of Health or his/her duly authorized representative for deposit in a general fund.  
B.    Each day on which a violation or failure to comply with any provision of this article continues shall constitute a separate violation.  
C.    The penalties provided for by Subsection A of this section may be recovered, if necessary, by an action instituted by the Putnam County Attorney in any court of competent jurisdiction.  
D.    Nothing contained herein shall prohibit the Putnam County Commissioner/Director of Health or duly authorized representative from seeking to obtain voluntary compliance with the provisions of this article by way of notice, warning or educational means.  
E.    In addition to the penalties provided for herein, any person, persons or entity who or which disposes of said solid waste in any manner inconsistent with the provisions contained herein shall further be subject to such criminal and/or civil penalties as may be imposed under applicable New York State law.  
F.    Any transporter of solid waste who fails to comply with the provisions of this Putnam County Recycling Law shall be subject to suspension or revocation of its permit, as provided for in § 205-12 hereof.     
ARTICLE III, Solid Waste Management  ARTICLE III, Solid Waste Management  [Adopted 7-2-1991 by L.L. No. 6-1991; amended in its entirety 12-4-2007 by L.L. No. 17-2007]
§ 205-18  Legislative intent and purpose.  
A.    Pursuant to the clearly articulated policy of New York State, as set forth in § 27-0106 of the Environmental Conservation Law, the Legislature finds that the County faces an increasing threat to its environmental and economic well-being from the solid waste disposal crisis. The Legislature also finds that it is in the public interest, safety and welfare, in order to conserve energy and natural resources and protect the environment and the health of the citizens of the County, to monitor the solid waste stream within Putnam County and to ensure the efficient and effective implementation of waste reduction, reuse, disposal and recycling programs for all sectors of Putnam County.  
B.    The adoption of this Solid Waste Management Law is authorized pursuant to New York Environmental Conservation Law § 27-0107 and County Law, § 226-b.    
§ 205-19  Definitions.
As used in this article, the following terms shall have the meanings indicated;  
SOLID WASTE  -- All putrescible and nonputrescible solid waste(s), including but not limited to materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, or which are being accumulated, stored or physically, chemically or biologically treated prior to being discarded or rejected, having served their intended purpose, or as a manufacturing by-product, including but not limited to garbage, refuse, industrial, commercial and agricultural waste, sludge(s) from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, construction and demolition debris and offal, but not including sewage and other highly diluted water-carried materials or substances and those in gaseous form, special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954, as amended, or waste which appears on the list or satisfies the characteristics of hazardous waste promulgated by the Commissioner of Environmental Conservation.   
§ 205-20  Permits for transporters of solid waste.  
A.    Permit required. In accordance with § 27-0305 of the New York State Environmental Conservation Law, no person or persons shall engage in the transportation of regulated waste originating or terminating at any location in this County without first having obtained a permit to do so in accordance with the provisions of this article. Further, no person or persons receiving a permit hereunder shall loan, rent or permit any person or persons to use or receive the benefit of such license, directly or indirectly, by any arrangement whatsoever, and any person or persons so doing shall subject such license to revocation as set forth in §§ 205-21 and 205-22 hereof.  
(1)    Applications for permit shall be made available at the Putnam County Department of Health and shall be distributed upon request to any waste transporters operating in Putnam County. Each permit issued hereunder shall expire on the last day of February of each calendar year and shall be renewed within 30 days preceding such expiration by applying to the Putnam County Department of Health.  
(2)    The Putnam County Commissioner/Director of Health or his/her duly authorized representative shall review all timely received applications and, if acceptable, shall issue a permit to the waste transporter.  
(3)    Any application which is deemed unacceptable and rejected by the Putnam County Commissioner/Director of Health or his/her duly authorized representative shall be promptly returned to the waste transporter, together with a written explanation of the reasons for the rejection thereof. Such waste transporter shall thereafter be afforded a reasonable amount of time, as determined by the Putnam County Commissioner/Director or his/her duly authorized representative, to remedy any deficiency in its application. If necessary, the Putnam County Commissioner/Director or his/her duly authorized representative may waive the thirty-day renewal period provided for in Subsection A(1) hereof.  
(4)    In all cases, applications submitted by waste transporters who have outstanding violations and/or unpaid fines and/or penalties on file with the Putnam County Department of Health shall be denied until such time that such violation is remedied and/or such fine and/or penalty is paid in full.  
(5)    Violations of this section shall be subject to the enforcement and penalty provisions contained in §§ 205-21 and 205-22 herein.    
B.    Annual report. As a condition for the permit, the Putnam County Department of Health (the "Department") shall require the transporter to make an annual report to the Department, including the volume and nature of waste products, including recyclables, disposed of and the place and manner in which such waste products were finally disposed, and such other information as the Department may require. Failure to submit such annual report shall result in the automatic denial of the permit application.  
C.    Annual renewal. Such permit shall be renewed annually. A renewal may be denied by the Department for failure of the applicant to properly report as provided in Subsection B of this section.
 D.  Permit Display.  Each person issued a permit under this chapter shall be issued a vehicle decal.  
    (1)    The vehicle decal must be affixed prominently on all vehicles owned, leased, or used by     the waste hauler in the performance of his or her business.
    (2)    All vehicles which are owned, leased or used in the name of a business entity, the owners, principals and/or employees of which are subject to the provisions of this chapter, must prominently display the business name and the Putnam County permit.
    (3) Failure to comply in any manner with the provisions of this section shall be a violation of this chapter and shall subject the permit holder to the sanctions provided for herein.
E.    Exemptions. This permit requirement shall not apply to persons whose solid waste collection activities are limited to solid waste collected at their own residences or to persons conducting recycling and/or scrap activities on a noncommercial basis on behalf of a not-for-profit organization.    
§ 205-21  Enforcement.  
A.    Investigation. The Putnam County Commissioner/Director of Health or any representative authorized in writing by the Putnam County Commissioner/Director of Health for such purpose may investigate any application, complaint or alleged violation of any provision of this article by conducting site inspections, informal interviews or preliminary hearings pertaining thereto.  
B.    Notice. Upon the finding of a violation of and/or noncompliance with any provision of this article or the rules, regulations and orders promulgated and issued pursuant hereto, the Putnam County Commissioner/Director of Health or a duly authorized representative shall serve upon the alleged violation a notice of violation, in writing, setting forth the exact nature of such violation and/or noncompliance.  
(1)    Such notice may be served in person; by mail; by telegraph; or by posting such notice conspicuously on the premises.  
(2)    Such notice shall set forth the date or dates of violation and/or noncompliance, or best approximation thereof, and section of law claimed to have been violated.  
(3)    Such notice shall provide that the violation and/or noncompliance shall be abated or removed within the period of time set forth in such notice as determined by the Putnam County Commissioner/Director of Health or his/her duly authorized representative.    
C.    Hearing. In the event that the party served with a notice of violation in accordance with Subsection B of this section desires to challenge or contest the accuracy or legitimacy of such notice and/or the findings contained therein, then such person or persons may request a hearing on the violation.  
(1)    A request for hearing shall be made in writing to the Putnam County Commissioner/Director of Health or duly authorized representative and shall clearly state the basis upon which the notice of violation is being contested.  
(2)    In the event that such written request for hearing is not received by the Putnam County Commissioner/Director of Health or duly authorized representative within 14 days from the date of service of the notice of violation, then such hearing shall be deemed waived.  
(3)    Upon receipt of a timely written request, a hearing shall be set down for a certain day and shall be on due and adequate notice to the person or persons concerned. In no event shall such hearing be held within 30 days after receipt of such written request.  
(4)    The notice of hearing shall set forth the time and place of the hearing; the name of the person or persons concerned; the purpose of the hearing; general specifications with reference to the particular provisions of law, or rules and regulations, if any, involved; the right to present evidence and to examine and cross-examine witnesses; and the right to be represented by counsel.  
(5)    The Putnam County Department of Law shall appear on behalf of the Putnam County Department of Health and shall function as the presentment agency with respect to the alleged violation.  
(6)    On the return day of the hearing, a duly appointed hearing officer shall note the appearance of the person or persons in attendance; swear in all witnesses; and record their testimony.  
(7)    The hearing officer shall thereafter prepare findings of fact, conclusions and recommendations upon which the Putnam County Commissioner/Director of Health or his/her duly authorized representative shall make a formal order, setting forth the determination, conditions, if any, to be complied with and civil penalties, if any. Civil penalties shall be assessed in accordance with the provisions of § 205-22 of this article.  
(8)    The order of the Putnam County Commissioner/Director of Health or his/her duly authorized representative shall be filed in the Putnam County Department of Health, and a copy thereof shall be served upon the person or persons concerned.    
D.    Administration. This Putnam County Solid Waste Management Law shall be administered by the Putnam County Department of Health. The office of the Putnam County Executive shall have oversight responsibilities.  
E.    Additional rules and regulations. Additional rules and regulations as may be promulgated by the Putnam County Department of Health, for the administration and/or enforcement of this Putnam County Solid Waste Management Law shall be subject to the approval of the Putnam County Legislature. Following approval by the Putnam County Legislature, such additional rules and regulations shall be filed with the Clerk of the Putnam County Legislature.    
§ 205-22  Penalties for offenses; civil penalties.  
A.    Violations of this article shall be subject to a civil penalty not to exceed $500 for each such violation. All civil penalties and fines collected for any violation of this article shall be paid over to the Putnam County Commissioner/Director of Health for deposit in a general fund.  
B.    Each day on which a violation or failure to comply with any provision of this article continues shall constitute a separate violation.  
C.    The penalties provided for by Subsection A of this section may be recovered, if necessary, by an action instituted by the Putnam County Attorney in any court of competent jurisdiction.  
D.    Nothing contained herein shall prohibit the Putnam County Commissioner/Director of Health or his/her duly authorized representative from seeking to obtain voluntary compliance with the provisions of this article by way of notice, warning or educational means.  
E.    In addition to the penalties provided for herein, any person or persons, or entity who or which disposes of said solid waste in any manner inconsistent with the provisions contained herein shall further be subject to such criminal and/or civil penalties as may be imposed under applicable state law.  
F.Any transporter of solid waste who fails to comply with the provisions of this Putnam County Solid Waste Management Law shall be subject to suspension or revocation of its permit, as provided for in § 205-20 herein.   
Section 2.
This local law shall take effect immediately.

County of Putnam
Local Law #5 of 2010
A LOCAL LAW TO AMEND CHAPTER 135 OF THE PUTNAM COUNTY CODE ENTITLED “CONTRACTORS”
Section 1.
Chapter 55 of the Putnam County Code is hereby amended to read as follows:
Chapter 135, CONTRACTORS
§ 135-1  Legislative purpose.
It is the purpose of the Legislature of Putnam County in enacting this chapter to safeguard and protect the homeowner against abuses on the part of home improvement contractors by regulating the home improvement, remodeling and repair businesses and by requiring the registration of such persons engaged in such business. The County Legislature recognizes the tradition of friend, neighbor and/or relative assisting a homeowner in self initiated home improvement projects and does not intend to impair this tradition.  Therefore, these traditions shall be taken into account by the County Code Enforcement Officer and the Home Improvement Board of Putnam County while using their discretionary powers in assessing and enforcing Chapter 135 of the Home Improvement Contractors Law.  The registration of those engaged in business will protect and promote the health, safety and welfare of the residents of the County of Putnam, pursuant to § 10, Subdivision (12), of the Municipal Home Rule Law.  
§ 135-2  Definitions.
As used in this chapter, the following terms shall have the meanings indicated:  
BOARD  -- The Home Improvement Board of Putnam County, as provided herein.   
CUSTOM HOME  -- A new single-family residence to be constructed on a parcel of land designated by a tax map number and owned by the purchaser at the time of contract, provided that such residence is intended for residential occupancy by such purchaser.   
DIRECTOR  -- The Director of Consumer Affairs, Weights and Measures.   
HOME IMPROVEMENT   
A.    The repair, replacement, remodeling, refinishing, installation, construction, alteration, conversion, modernization, beautification, improvement or addition to a parcel of land designated by a tax map number or a building or that portion thereof which is used or designed to be used as a private residence apartment or dwelling place, including, but not limited to: [Amended 12-4-2007 by L.L. No. 18-2007]   
(1)    Asphalt or blacktop or driveway sealing.   
(2)    Landscaping and gardening.   
(3)    Arboriculture.   
(4)    Lawn mowing/ground maintenance/leaf blowing/or any similar outdoor vocation. (Note: shall not apply to full-time students under the age of 22 engaged in seasonal or part-time employment and who do not have employees).   
(5)    Swimming pools.   
(6)    Porches, patios, terraces, decks and any other outdoor stonework.   
(7)    Garages and garage doors.   
(8)    Central vacuum cleaning systems.   
(9)    Storm windows.   
(10)    Septic systems.   
(11)    Insulation.   
(12)    Waterproofing.   
(13)    Tiling.   
(14)    Fencing.   
(15)    Painting and wall coverings.   
(16)    Flooring and wall-to-wall carpeting.   
(17)    Masonry.   
(18)    Roofing.   
(19)    Awnings or siding.   
(20)    Antennas or satellite dishes.   
(21)    Carpentry.   
(22)    Excavation.   
(23)    Environmental reclamation.   
(24)    Other interior or exterior improvements.     
B.    "Home improvement" shall also mean the construction of a custom home, the installation of home improvement goods or the furnishing of home improvement services.   
C.    Notwithstanding the foregoing, "home improvement" shall not include:   
(1)    The sale or construction of a new home, other than a custom home as defined in this section.   
(2)    The sale of goods or materials by a seller who neither arranges to perform nor performs directly or indirectly any work or labor in connection with the installation or application of the goods or materials.   
(3)    Work performed upon a residence by the owner, or upon a building owned by or controlled by any federal, state or local government, including school districts.   
(4)    The sale or installation of appliances, such as stoves, refrigerators, freezers, room air conditioners, dishwashers, clothes washers or dryers, which are designed to be removable from the premises without material alteration thereof.   
(5)    The sale or installation of decorative goods or services, such as draperies and carpets.   
(6)    The performance of repairs, replacements, or other services pursuant to an express or implied warranty, or a maintenance agreement as defined in § 395-a of the New York State General Business Law.       
HOME IMPROVEMENT BUSINESS  -- The business of providing a home improvement to an owner for a profit, fee, remuneration, favor or as part of a barter agreement.   
HOME IMPROVEMENT CONTRACT  -- An agreement in writing or contained in one or more documents, which is signed by the parties, for the performance of a home improvement between a home improvement contractor and an owner.   
HOME IMPROVEMENT CONTRACTOR  -- Any person, firm or corporation who owns, operates, maintains, controls, transacts or conducts a home improvement business or who undertakes or advertises a home improvement service, or offers to undertake or agrees to perform any home improvement for the owner for a fee, remuneration, favor or as part of a barter agreement, other than a bona fide employee of the registrant. "Home improvement contractor" does not include a person, firm, corporation, landlord, cooperative corporation, condominium board of managers, joint tenant or co-tenant that owns, in whole or in part, the property to be improved.   
LEGISLATURE  -- The Putnam County Legislature.   
OWNER  -- Any homeowner, tenant, or any other person who orders, contracts for or purchases a home improvement or the service of a contractor, or the person entitled to the performance of the work of a contractor pursuant to a home improvement contract.   
PERSON  -- An individual, firm, partnership, association, corporation, trust, owner, contractor, salesman or other legal entity.   
REGISTRANT  -- A person registered to engage in the home improvement business under the provisions of this chapter.   
SUBCONTRACTOR  -- A person, other than a supplier of materials or laborer, who enters into a contract, written or verbal, with a contractor for the performance of any part of the contractor's contract, or a subcontractor's contract, as the case may be, and who does not perform work other than as a subcontractor.   
§ 135-3  Registration required; home improvement business.  
A.    Registration required. No person shall maintain, conduct, operate or engage in a home improvement business within the County of Putnam, or hold himself or herself out as being able to do so, unless such person is registered pursuant to this chapter.  
B.    Exceptions.  
(1)    No registration shall be required of any person who performs labor or services for a contractor or subcontractor duly registered hereunder for wages or salary.  
(2)    A license issued by the Putnam County Plumbing Board or the Putnam County Board of Examiners for Electrical Contractors shall be deemed a registration in compliance with this section for the benefit of the holder thereof to perform work within the scope of his or her profession.    
C.    Rules governing registration application.  
(1)    An application for an original or renewal registration required by this subsection shall be in writing upon a form prescribed by the Director. The Director may seek from an applicant sufficient relevant information about the applicant's character, experience, financial stability and other relevant information necessary to evaluate the applicant's qualification to be registered.  
(2)    Each application shall be accompanied by a surety license and permit bond in the amount of $25,000 with a minimum policy term of two years, conditioned upon the assurance that during the term of the registration, the registrant will continue to comply with the provisions of this title to assure that upon default in the performance of any contract, the advance payments made thereon, less the reasonable value of services actually rendered to the date of such default, of the reasonable costs of completion of the contract in the event of noncompletion thereof, will be refunded to the purchaser, owner or lessee with whom such contract was made. In addition, the bond shall inure to the benefit of any owner with whom the registrant shall enter into any home improvement contract or provide any home improvement during the period of registration.  
(3)    Each applicant shall be required to provide a valid certificate of liability insurance naming Putnam County Department of Consumer Affairs as a certificate holder and additional insured.  
(4)    Each applicant shall provide proof that worker's compensation insurance is in full force and effect for all workers within the applicant's employ, including subcontractor personnel, along with the application.  
(5)   Any licensed or registered contractor who has completed the appropriate “no employee” affidavit (Form CE 200) and is found in violation of the worker’s compensation waiver shall be subjected to a civil penalty as provided for in this Chapter.
(6)    Each applicant shall provide the Director with a copy of his or her photo identification as a precondition to the issuance of a registration.    
D.    Content of registration application.  
(1)    An application for an original or renewal registration required by this section shall be in writing upon a form prescribed by the Director.  
(2)    In addition to that information sought on an application for registration, the Director, or his or her duly authorized designee, may seek from an applicant such sufficient and relevant information about the applicant's character, experience, financial stability and other relevant information necessary to evaluate the applicant's qualifications to be registered.
(3)  All applications for an original or renewal registration certificate shall include a representation by the applicant, in a form as determined by the Putnam County Legislature, that they will (a) use the E-Verify Internet based system, operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), to verify the employment authorization of  the applicant and all  newly-hired employees, and (b) maintain records documenting their use of E-Verify during the term of their registration certificate.  If such representations are not made, such registration certificate will not be issued.  All applications shall also be accompanied by documentation issued by the U.S. Department of Homeland Security, indicating that the applicant has registered as an E-Verify user.  An applicant’s failure to comply with the provisions as described herein, shall constitute grounds for the imposition of a fine and/or the suspension or revocation of an application for the renewal of a registration certificate, in accordance with the applicable provisions of this Chapter.  This paragraph shall not apply to applicants who have no employees or applicants who reasonably anticipate that no employees will be hired during the term of such registration certificate.  
    (a)  Applicants who hire workers from a temporary agency or temporary staffing company shall not be required to use the E-Verify internet based system to verify employment authorization of those workers hired through the temporary agency or staffing company.  
E.    Proper display of registration.  
(1)    Each and every registration certificate issued pursuant to this chapter shall be posted in a conspicuous location at the registrant's place of business, and a wallet identification card, which shall contain a photograph of the holder thereof and which shall be issued by the Director, shall be carried with each contractor or employee and displayed upon request. The registration number shall be included on all documents distributed by the registrant, including all advertisements.  
(2)    Each registrant shall be required to affix to a location to be determined by the Director on all vehicles owned/leased or used in the performance of the occupation so registered, a valid sticker in a form to be determined by the Director.   
(a)    Said bumper sticker shall be provided by the Putnam County Department of Consumer Affairs.   
(b)    Each registrant shall be issued one bumper sticker at no cost at the time of registration. Any additional stickers shall be provided to registrant at a cost to be determined by the Director on an annual basis.   
(c)    A valid vehicle registration must be provided at the time of registration, renewal or at any time in which a sticker is requested.   
(d)    All stickers issued pursuant to this chapter shall remain the property of the Putnam County Department of Consumer Affairs.      
F.    Assignment or transfer of registration.  
(1)    A registration to conduct a home improvement business issued to an individual may be assigned or transferred for the remainder of the registration period to a partnership or corporation if the registrant is a member of such partnership or a stockholder of such corporation owning not less than 25% of the outstanding stock at the time of such assignment or transfer, and the remaining stockholders or partners meet the requirements of this chapter.  
(2)    Registration of a partnership may be assigned or transferred or the remainder of the registration period to any one member of such partnership, provided that he or she obtains the consent of all of the other members of such partnership and otherwise meets the requirements of this chapter.    
G.    Miscellaneous provisions governing registration.  
(1)    Any change in status, ownership, management, address, trade name or other material change shall be communicated to the Director, in writing, within 15 days of said change.  
(2)    Unless suspended, revoked or voluntarily surrendered, any registration issued hereunder shall expire on the last day of the 24th month after issuance.
(3)  Registered contractors shall require all workers working for the licensed or registered contractor on a job site to carry identification at all times the job site.  A violation of this section shall subject the licensed or registered contractor to a civil penalty as provided for tin this chapter.
(4)  Should a registered contractor be charged with a violation of Chapter 135-3(G)(3) for a worker not carrying identification, the registered contractor shall have two County business days to produce the worker’s identification to the Department of Consumer Affairs for a reduction in the civil penalty.  In order to receive a reduction in the civil penalty, at the time the identification is produced to the Department of Consumer Affairs the registered contractor shall present evidence of the use of the E-Verify internet based system to verify the employment authorization of the worker and/or the payroll records of the worker.
§ 135-4  Home improvement contracts.  
A.    Every home improvement contract, as defined herein, subject to the provisions of this chapter, and all amendments thereto, shall be evidenced by a writing and shall be signed by all parties to the contract. The writing shall contain the following:  
(1)    The name, address, telephone number, registration or license number of the contractor.  
(2)    The approximate dates, or estimated dates, when the work will begin and be substantially completed, including a statement of any contingencies that would materially change the approximate or estimated completion date. In addition to the estimated or approximate dates, the contract shall also specify whether or not the contractor and the owner have determined a definite completion date to be of the essence.  
(3)    A description of the work to be performed, the materials to be provided to the owner, including make, model number or any other identifying information, and the agreed upon consideration for the work and materials.  
(4)    A notice to the owner purchasing the home improvement that the contractor or subcontractor who performs on the contract and is not paid may have a claim against the owner which may be enforced against the property in accordance with applicable lien laws.  
(5)    A notice to the owner purchasing the home improvement that, except as otherwise provided in Subsection A(7) herein, the home improvement contractor is legally required to deposit all payments received prior to completion in accordance with Subdivision 4 of § 71-a of the Lien Law and that, in lieu of such deposit, the home improvement contractor may post a bond, contract of indemnity or irrevocable letter of credit with the owner guaranteeing the return or proper application of such payments to the purposes of the contract.  
(6)    If the contract provides for one or more progress payments to be paid to the home improvement contractor by the owner before substantial completion of the work, a schedule of such progress payments showing the amount of each payment, as a sum in dollars and cents, and specifically identifying the state of completion of the work or services to be performed, including any materials to be supplied before each such progress payment is due. The amount of any such progress payments shall bear a reasonable relationship to the amount of work to be performed, materials to be purchased or expenses for which the contractor would be obligated at the time of the payment.  
(7)    If the contract provides that the home improvement contractor will be paid on a specified hourly or time basis for work that has been performed or charges for materials that have been supplied prior to the time that payment is due, such payments for such work or materials shall not be deemed to be progress payments for the purposes of Subsection A(6) and shall not be required to be deposited in accordance with the provisions of Subsection A(5).  
(8)    A notice to the owner that, in addition to any right otherwise to revoke an offer, the owner may cancel the home improvement contract until midnight of the third business day after the day on which the owner has signed an agreement or offer to purchase relating to such contract. Cancellation occurs when written notice of cancellation is given to the home improvement contractor. Notice of cancellation, if given by mail, shall be deemed given when deposited in a mailbox properly addressed and postage prepaid. Notice of cancellation shall be sufficient if it indicates the intention of the owner not to be bound. Notwithstanding the foregoing, this subsection shall not apply to a transaction in which the owner has initiated the contract and the home improvement is needed to meet a bona fide emergency of the owner and the owner furnishes the home improvement contractor with a separate dated and signed personal statement in the owner's handwriting describing the situation requiring immediate remedy and expressly acknowledging and waving the right to cancel the home improvement contract within three business days. For the purposes of this subsection, the terms "owner" shall mean an owner or any representative of an owner.  
(9)    A notice that all inquiries and complaints or issues about a contractor should be made to the Director, in writing, with copies transmitted to the Board.    
B.    The writing shall be legible, in plain English so that it is understood by both parties to the contract, and shall be in such form to describe clearly any other document which is to be incorporated into the contract. Before any work is done, the owner shall be furnished a copy of the written agreement, signed by the contractor. The writing may also contain other matters agreed to by the parties to the contract.    
§ 135-5  Home Improvement Board.  
A.    The Home Improvement Board, hereinafter referred to as the "Board," shall consist of nine members and one alternate member. The members of such Board shall be residents of the County and shall be appointed by the Legislature as follows:  
(1)    Two members who are primarily engaged in business as home improvement contractors.  
(2)    One member who is primarily engaged in business as a licensed engineer or building inspector.  
(3)    Three members who are citizens independent of the home improvement business.  
(4)    Three members who are primarily engaged in business as a tradesman. EN    
B.    Of the members first appointed, five shall be appointed for a term of one year, and four shall be appointed for a term of two years. Their successors shall be appointed for a term of two years from and after expiration of the terms of their predecessors in office.  
C.    The Board shall elect a Chairman and a Vice Chairman from its own members.  
D.    A majority of the Board shall constitute a quorum for the transaction of business.  
E.    The Legislature shall fill any vacancy of said Board for the unexpired portion of the term, upon the recommendation of the Board.  
F.    A member of the Board may be removed by the Legislature for misfeasance or malfeasance in office, incompetency, incapacity, neglect of duty or other good and sufficient cause, including absenteeism from meetings of 50% or greater within a one-year period.  
G.    The Director shall have the power to temporarily suspend a registrant from engaging in the home improvement business within the County of Putnam for a maximum of 30 days upon an initial determination by the Director that such a registrant is in violation of this chapter. Within 30 days of the issuance of a temporary suspension order, the Board shall convene for a special meeting to consider a full revocation or suspension of the registration pursuant to § 135-10.    
§ 135-6  Powers and duties of Board.
The Board shall have the following powers and duties in addition to those elsewhere prescribed in this chapter:  
A.    To hold meetings at least one time per month, and at such other times as the Board may determine as necessary or desirable for the efficient discharge of the business of the Board. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall also keep records of all of its other official actions.  
B.    To adopt rules and regulations in respect to procedure before it and in respect to any subject matter over which it has jurisdiction under this chapter or any other law, which such rule or regulation shall not be inconsistent with the various provisions of this chapter, after a public hearing is held by the Board and subject to the approval of the Legislature. Upon adoption and approval of such rules and regulations, same shall be duly filed with the Clerk of the Legislature and with the Director.  
C.    To prepare a manual of its rules and regulations and to furnish copies thereof to persons desiring the same for a fee as fixed by the Board.  
D.    To hold hearings on complaints and charges which have been filed by homeowners or the Director of Consumer Affairs, and to make findings of fact and impose penalties and sanctions, in accordance with the provisions of § 135-10 hereof.    
§ 135-7  Powers and duties of Director.
The Director or his or her duly authorized designee shall have the following powers and duties in addition to those elsewhere prescribed in this chapter:  
A.    To establish categories of registration under this chapter and to set fees therefor, subject to the approval of the Legislature.  
B.    To examine the qualifications and fitness of registrants for registration under this chapter or of the representatives of such applicants designated for such purpose.  
C.    To register applicants possessing or whose representatives possess the requisite qualifications.  
D.    To suspend or revoke registrations in accordance with the various terms and provisions of this chapter.  
E.    To keep records of all registrations issued, suspended or revoked.  
F.    To employ experts, clerks and secretaries and to pay for their services and such other expenses as may be necessary and proper, not exceeding in all the appropriation that may be made therefor by the Legislature (for such Board). The Legislature is hereby authorized and empowered to make such appropriations as it may see fit for such expenses; the amount of appropriation shall be the estimated charges and expenses, less fees, if any, collected.  
G.    To adopt such rules and regulations not inconsistent with the provisions of this chapter as may be necessary with respect to the form and content of applications for registration, the receipt thereof, the investigation and examination of applicants and their qualifications, and the other matters incidental or appropriate to his powers and duties as prescribed by this chapter and for the proper administration and enforcement of the various provisions of this chapter, and to amend or repeal any of such rules and regulations.  
H.    To suspend the registration of any person pending payment of any fine or penalty, pending compliance with any order of the Director or the Department of Consumer Affairs or with any other lawful order of the Department of Consumer Affairs.  
I.    To automatically suspend the registration of any person who has failed to maintain the required insurance or bond, as outlined in § 135-3 hereof, during the full term of his or her registration, which such suspension shall be retroactive to the date upon which said insurance or bond had been canceled or revoked, and to reinstate any such registration upon proof that the aforesaid insurance or bond requirement has been fully complied with.  
J.    To issue appearance tickets, summonses, information, or any other legal process necessary to effectuate the provisions of this chapter.    
K.  To investigate alleged violations of Section 135-3(D)(3) herein.  The Director, or his duly authorized designee, shall be entitled to request and review records maintained by registrants which demonstrate their compliance with said Section 135-3(D)(3).  Upon the completion of an investigation, the Director shall have the power to forward his or her findings to the Board for institution of proceedings pursuant to Section 135-10 herein.  The determination of the Board shall be subject to judicial review in any court of competent jurisdiction.  
§ 135-8  Prohibited acts.
The following acts are strictly prohibited:  
A.    Abandonment or failure to perform, without justification, any home improvement contract or project engaged in or undertaken by the contractor.  
B.    Making any substantial misrepresentation in the procurement of a home improvement contract, or making any false promise likely to influence, persuade or induce.  
C.    Any fraud in the execution of or in the material alteration of a home improvement contract, or making any false promise likely to influence, persuade or induce.  
D.    Any fraud in the execution of or in the material alteration of any contract, mortgage, promissory note or other document incident to a home improvement transaction.  
E.    Making a false statement or providing false information in making an application for registration, including renewal or duplicate.
F.    Preparing or accepting any mortgage, promissory note or other evidence of indebtedness upon the obligation of a home improvement transaction with knowledge that it represents a greater monetary obligation than the agreed-upon consideration for the home improvement work.  
G.    Demanding or receiving any payments prior to the signing of a home improvement contract.
H.    Receiving at or before the time of execution of a contract, a deposit of more than 1/3 of the contract price.
I.    Directly or indirectly publishing any advertisement relating to home improvements which contains an assertion, representation or statement of fact which is false, deceptive or misleading, provided that any advertisement which is subject to and complies with then existing rules, regulations or guides of the Federal Trade Commission shall not be deemed false, deceptive or misleading; or by any means or advertising or purporting to offer the general public any home improvement work with the intent not to accept contracts for the particular work or at the price which is advertised or offered to the public.  
J.    Disregard and violation of the building, sanitary and health laws of this state or of any political or municipal subdivision thereof.  
K.    Failure to notify the Director, in writing, of any change or control in ownership, management or business name or location.  
L.    Failure to adhere to any of the requirements as set forth in § 135-3 of this chapter.
M.    Conducting a home improvement business in any name other than the one in which the contractor is registered.  
N.    Conducting a home improvement business in any manner other than the one in which the contractor is registered.
O.    Failure to comply with any order, demand or requirement made by the Director pursuant to the various provisions of this chapter.  
P.    Failure to list registration number in any and all advertisements for the registered home improvement contracting business.  
Q.    Failure to establish or maintain financial solvency, taking into account the scope and size of a person’s business in relation to the person’s total current assets, liabilities, credit rating, net worth and circumstances affecting solvency.  Such financial information shall be confidential and not a public record, but, where relevant, shall be admissible as evidence in any administrative hearing or judicial action or proceeding.
R.    Failure to maintain the proper insurance, surety license and permit bond, as required by § 135-3 hereof.    
S.  Any fraud in the recommending the installation, repair or replacement of any item the tradesman knew or should have known was not required.
T.  Work which is not consistent with  New York State Building Codes, local codes, contemporary industry standards or any other applicable codes..
§ 135-9  Grant or denial of registration or renewal.  
A.    Within 60 days after receipt of a complete application in proper form, the Director, and his or her duly authorized designee, shall grant or deny it. The Director shall grant the registration or renewal unless it is determined that the applicant:  
(1)    Is not financially responsible.  
(2)    Is unqualified to engage in the home improvement business.  
(3)    Has failed to furnish information as required.  
(4)    Has made a false statement of a material fact or a material omission in the application for the registration.  
(5)    Has consistently failed to perform contracts.  
(6)    Has manipulated assets or accounts or has engaged in fraud or bad faith.  
(7)    Has failed to carry and maintain worker's compensation, public liability insurance and a surety bond as required by § 135-3 of this chapter.  
(8)    Has been subject to the imposition of penalties or sanctions as a result of a hearing held by the Board upon a violation of any provision of this chapter at least two times in the past two years.    
B.    Military service exceptions.  
(1)    Registrants who are called to active duty will have their registrations frozen as of the date of their deployment. Upon return from active duty, the registrant will provide documentation to the secretary of the Home Improvement Board detailing the dates of his or her deployment and proof he or she meets all other requirements of the Home Improvement Law prior to the reactivation of his or her frozen registration. If the deployment was greater than 30 days, the registrant will be credited for each day of military deployment, and his or her registration will be extended by a similar number of days.  
(2)    Once the reactivated registration expires, the registrant's renewal registration will be credited with the same amount of credit time as the hold accrued during his or her "frozen" period. All fees charged for that year will be prorated to take into account this credit time.  
(3)    This military service exception will be retroactive to any deployment that occurred after September 11, 2001.    
C.    A denial of a registration or renewal shall be made by the Director in writing and shall set forth a statement of the reason or reasons therefor. If the registration or renewal is refused, the applicant may, within 10 days from the date the notice of refusal is mailed, request a hearing. Such hearing must be held within 30 days of the request and the Director must render a decision within a reasonable time, but in no case shall such time be more than 45 days from the date of the hearing. Said hearing shall be conducted in accordance with the procedures outlined in § 135-10 hereof.  
D.    The determination made by the Director shall be subject to judicial review in accordance with Article 78 of the New York State Civil Practice Law and Rules in a proceeding brought within four months after the Director issues a written denial.    
§ 135-10 Civil penalties or procedures.  
A.    The Board and/or Director may revoke or suspend for a period of time the registration issued under this chapter in accordance with the procedure set forth in Subsections B, C and D of this section. Grounds for suspension, revocation or any other penalty included in Subsection G hereof shall include grounds to deny a registration renewal under § 135-9, or the commission by a registrant/person of an act or acts in violation of §§ 135-4 and 135-8, or any violation described in § 135-11 hereof.  
B.    In order to commence the hearing process, the Director shall forward written notice to the registrant/person by registered or certified mail to the address given in the application made by the registrant/person for said registration, which such notice shall contain the following:  
(1)    A copy of the charges upon which the hearing is brought;  
(2)    A notice of the fact that the registrant/person shall answer the charges in writing within 10 days of the date of the written notice;  
(3)    The date of the hearing to be held before the Board;  
(4)    Notice of the fact that the registrant/person has the right to be represented by counsel at said hearing;  
(5)    Notice of the fact that the registrant/person has the opportunity to call witnesses to testify at said hearing; and  
(6)    Notice of the potential penalties which may imposed upon the registrant/person if the Board concludes that the registrant/person has committed the offenses for which he has been charged.    
C.    The Director shall have the power to subpoena witnesses to testify and to produce documents at said hearing.  
D.    A hearing shall be held before the Home Improvement Board on the charges within 60 days of the date of the written notice outlined in Subsection B of this section. A record of such hearing shall be made and kept by the Board.  
E.    At such hearing, the registrant/person may be represented by counsel and may offer evidence in his or her behalf. Compliance with technical rules of evidence shall not be required, but evidence must be relevant and material. The burden of proving the charges by substantial evidence shall be upon the Director, or his or her duly authorized designee. Once the Board hears all of the testimony, it shall issue findings of fact, and shall make a determination as to the penalties or sanctions to be imposed upon the registrant/person, if any, within 30 days. Such determination shall be subject to judicial review in accordance with Article 78 of the New York State Civil Practice Law and Rules in a proceeding brought within four months of when written determination is rendered.  
F.    Subsequent to receipt of the findings of fact and determinations of the Board, the Director, or his or her duly authorized designee, shall immediately notify the registrant/person in writing, by registered or certified mail, of the penalties which have been imposed upon him or her, their effective date, and the length of time in which the registrant/person will be subject to and restrained by such penalties or sanctions.  
G.    Any one or a combination of the following sanctions and penalties may be recommended by the Director as a result of a hearing held in accordance with the provisions of Subsections B, C, D, E and F hereof, and which may be imposed upon a registrant/person by the Board:  
(1)    Issuance of a written warning to the registrant/person, the content of which shall be determined by the Director;  
(2)    Suspend the registration for such period of time as shall be recommended by the Director and determined by the Board;  
(3)    Revoke the registration for a specified period of time as recommended by the Director and determined by the Board;  
(4)    Payment of a civil penalty, as recommended by the Board and determined by resolution of the Legislature, which amount shall not exceed $5,000;  
(5)    The requirement that the registrant/person provide restitution, in whole or in part, to the aggrieved homeowner, if any.   

§ 135-11  Criminal violations.
A.    In addition to any civil penalties that may be imposed pursuant to § 135-10 of this chapter, it shall be a Class A misdemeanor, as defined in New York State Penal Law, punishable by a term of imprisonment not exceeding one year and a fine not exceeding $1,000, to own, operate, conduct or hold oneself out as being able to conduct a home improvement business in Putnam County without registration as required by this chapter, or to continue to own, operate or conduct a home improvement business after such registration has been denied, suspended, revoked or has expired.
B.   This section shall be enforced by the Putnam County Sheriff’s Department.  Arrests made pursuant to this section shall be made by a police officer or a peace officer acting under his or her special duties.
§ 135-12  Fees.  
A.    The fee for a registration to conduct a home improvement business shall be determined by resolution of the Putnam County Legislature.  Fees for renewals received after the expiration date shall be determined by resolution of the Putnam County Legislature. The fee for issuing a duplicate registration for one lost, destroyed or mutilated shall be determined by resolution of the Putnam County Legislature.  
B.    The Director shall refund a portion of the fee paid by an applicant, as determined by resolution of Putnam County Legislature, in the event that the application for a registration is denied or the applicant for the registration has predeceased its issuance or has been inducted into the military service prior to the issuance. Such refund is subject to approval by the Director and after audit by the Commissioner of Finance.    
§ 135-13  Advertising.
All advertising for a home improvement business shall contain the registration number issued pursuant to this chapter.  
§ 135-14  Construal; other licenses.  
A.    Any registration issued pursuant to this chapter shall not be construed to authorize the registrant to perform any particular type of work or kind of business that is reserved to qualified licensees under separate provisions of state or local law.  
B.    Nothing in this chapter shall be construed to limit or restrict the power of a town or village to regulate the quality, performance or character of the work of contractors, including a system of permits and inspections that are designed to secure compliance with and aid in the enforcement of applicable state and local building laws or to enforce other laws necessary for the protection of the public health and safety. Nothing in this chapter shall be construed to limit or restrict the power of a town or village to adopt any system or permits requiring submission to and approval by the town or village of plans and specifications for an installation prior to the commencement of construction of the installation of or inspection of work done.  
C.    This chapter relates only to the area of Putnam County. Notwithstanding, any village or town within Putnam County may preempt this chapter by expressly stating such and enacting its own regulating or licensing of the home improvement business.    
§ 135-15 Provisions not subject to waiver.
The provisions of this chapter are intended for the protection of an owner and shall not be subject to waiver by an owner in a home improvement contract otherwise.  
§ 135-16  Applicability.  
A.    Nothing set forth in this chapter shall subject the County of Putnam or its officials, agents, or employees to liability for damages or otherwise arising out of or related to the conduct of any home improvement business by a registrant.  
B.    The provisions of this chapter shall not apply to any home improvement to be performed under a home improvement contract entered into prior to the effective date of this chapter.  
C.    Notwithstanding any provision of this chapter to the contrary, this chapter shall not apply to:  
(1)    Plumbing, as defined in Chapter 190, Plumbers;  
(2)    Electrical, as defined in Chapter 145, Electricians; and  
(3)    Work or services performed by a person within the scope of an occupation, craft, or profession in which such person has met the standards of competency or experience established by state law as a condition to engaging in such occupation, craft or profession.    
D.    The Director is empowered to establish administrative procedures to carry out the provisions of this chapter in conformity with the provisions thereof.    
Section 2.
This Local Law shall take effect immediately.


County of Putnam
Local Law #6 of 2010
APPROVAL/LOCAL LAW TO AMEND CHAPTER 90, ARTICLE II OF THE PUTNAM COUNTY CODE ENTITLED “RECORDS – PUBLIC ACCESS TO SHERIFF’S DEPARTMENT RECORDS”
Section 1.  
Section 90-11(A) of the Putnam County Code is hereby amended to read as follows:
A.  The Sheriff is responsible for ensuring compliance with the regulations herein, and designates the following person as records access officer:  The individual performing the duties of Civil Bureau Captain at the Sheriff’s Department, Gleneida Avenue, Carmel,  New York 10512.
Sections 2.
This local law shall take effect immediately.

County of Putnam
Local Law #7 of 2010
APPROVAL/LOCAL LAW/AMEND ARTICLE 1 OF CHAPTER 31/CODE OF PUTNAM COUNTY ENTITLED “DISPOSAL OF PROPERTIES”

Section 1. Article I of Chapter 31 of the Code of Putnam County entitled “Disposal of Properties” is hereby amended to read as follows:
ARTICLE I, DISPOSAL OF PROPERTIES
ARTICLE I-A, Property No Longer Needed For County Purposes
§31-1 Purpose.
The purpose of this sub-article is to establish the policy and procedures in the County of Putnam for the sale of parcels of real property no longer needed for County purposes in lieu of N.Y.S. County Law § 215.
§31-2 Definitions.
When used in this article, the following definitions apply:
COUNTY: The County of Putnam, a political subdivision of the State of New York.
LEGISLATURE: The Putnam County Legislature.
§31-3 Legislative intent.
A.  This subject is presently regulated by N.Y.S. County Law § 215 which requires, except for property which the County acquired by tax title or accepted for welfare assistance, or lands purchased or acquired for highways or canals or pursuant to § 850 of the N.Y.S. County Law, that upon a determination of the County Legislature that County property is no longer necessary for public use, such governing body, by resolution adopted by the affirmative vote of two-thirds of the total membership taken by roll call and entered into the minutes, may sell and convey all of the right, title and interest of the County therein; and that such property may be sold only to the highest responsible bidder after public advertising.
B.  Occasions arise where it is in the best interest of the County to dispose of real and/or personal property to a specific third party without the necessity of complying with the requirements of N.Y.S. County Law § 215. In order to accommodate this need, the Putnam County Legislature hereby provides for the modification of the provisions of N.Y.S. County Law § 215 so that in the future, conveyances of property no longer necessary for public use shall be simplified.
§31-4 Sale by resolution.
A. When the County Legislature shall determine that any County real or personal property is no longer necessary for public use, it may, by resolution adopted by the affirmative vote of two-thirds of the total membership of the Legislature taken by roll call and entered in the minutes, sell or otherwise convey all the right, title and interest of the County therein and declare the terms governing said transaction, including the consideration therefore. The documents of conveyance shall be approved by the County Attorney and executed by the County Executive. A contract of sale preceding the conveyance shall be desirable but not mandatory, and the absence of a contract shall not negate or otherwise impair the conveyance itself once there has been execution and delivery. A resolution authorizing a conveyance shall not be deemed to be a contract, nor to be contractual in nature, and may be rescinded and revoked by subsequent resolution of the Legislature at any time prior to the actual consummation of the conveyance. Property sold or otherwise conveyed pursuant to this provision shall be to the highest responsible bidder after public advertisement, except that the Legislature shall have the option to approve the transfer of a parcel of real property without having first advertised for bids, by a two-thirds vote of its membership, in the following instances:
1. Where it has been determined by the Legislature that an environmental condition may exist on said parcel, such that it would likely be unmarketable to the general public.  In such instance, the Legislature may approve said transfer upon such conditions as it may deem to be in the best interests of the County; or
2. Where a not-for-profit agency/entity has approached the County with respect to a particular parcel of real property, and has requested that said parcel be transferred to it for a charitable purpose. Any such transfer shall be subject to the retention of a reversionary interest by the County, the terms of which shall be determined by the Legislature; together with any/all other conditions as the Legislature may deem to be in the best interests of the County; or
3. Where a not-for-profit agency/entity has approached the County with respect to a particular parcel of real property, and has requested that said parcel be transferred to it for future use by the general public for a legitimate public purpose. Any such transfer shall be subject to the retention of a reversionary interest by the County, the terms of which shall be determined by the Legislature; together with any/all other conditions as the Legislature may deem to be in the best interests of the County.
B. In no event shall the Legislature approve the transfer of any property pursuant to this sub-article for the purpose of promoting economic development, except to the highest responsible bidder after public advertisement.
C . The income and proceeds of the sale of any County property no longer necessary for public use may be applied toward the payment of the cost of new sites and buildings or expended for other lawful County purposes.
D . Nothing herein shall be construed to authorize the sale of any County property where such disposition is prohibited or restricted by law.
E . All other provisions of N.Y.S. County Law § 215 and other statutes not the subject of this legislation shall remain in full force and effect.
ARTICLE I-B, Property Acquired For Delinquent Property Taxes
§31-5 Purpose.
The purpose of this sub-article is to establish the policy and procedures in the County of Putnam for the sale of parcels of real property not redeemed for delinquent real property taxes, in accordance with New York State Real Property Tax Law Article 11.
§31-6 Definitions.
When used in this article, the following definitions apply:
COUNTY: The County of Putnam, a political subdivision of the State of New York.
DELINQUENT TAX: An unpaid tax, special ad valorem levy, special assessment or other charge imposed upon real property by or on behalf of a municipal corporation or  tax imposing entity, plus all applicable charges, relating to any parcel which is included in the return of unpaid delinquent taxes prepared pursuant to Real Property Tax Law or such other general, special or local law.
ENFORCING OFFICER: The Putnam County Commissioner of Finance.
LEGISLATURE: The Putnam County Legislature.
§31-7 Taking title to parcels.
A.  When the appropriate Court executes a judgment pursuant to Real Property Tax Law Article 11 awarding title to one or more parcels of real property to the County, then the County shall take possession of any such parcel, unless:
1. Such parcel has been withdrawn from the proceeding; or
2. The County as a matter of law is not permitted to take possession of such parcel; or
3. The Enforcing Officer and the County Attorney, consistent with applicable law, had determined that it would not be in the County's interest to take title to the parcel. In such event the Enforcing Officer shall provide written notice of same to the Legislature.
B.  Upon execution by the Enforcing Officer of a deed to such parcel or parcels, pursuant to Real Property Tax Law Article 11, the County, shall be seized of an estate in fee simple absolute. Upon the execution of the judgment of foreclosure by the Court, the execution and/or recording of the deed by the Enforcing Officer shall be ministerial.
C. Once a tax deed is recorded by the Enforcing Officer, the County Attorney shall submit a detailed list of those parcels included in said deed to the Legislature for review.  The Legislature may then decide to retain title to one or more properties for public use, by resolution, or it may sell or release its interest in such parcels as set forth herein.
D. The judgment may include a provision granting title to all personal property deemed abandoned on the realty.
§31-8 Sale of property acquired by County.
A. Public auction.
1. Within a reasonable time after the Court renders judgment in favor of the County, authorizing the Enforcing Officer to convey title to the County, the Enforcing Officer and the County Attorney shall establish a date for a public auction. The County shall endeavor to hold at least one public auction each year, or when otherwise needed, as is determined by the Enforcing Officer and the County Attorney. Such auction or auctions shall be conducted on behalf of the County by the Enforcing Officer and the County Attorney. The Enforcing Officer and the County Executive may execute a contract from time to time with an auction company to assist with the auction. All parcels, except those sold through a private sale pursuant to the provisions herein, or retained for public use, or retained by the County of Putnam for future determination, or conveyed to another municipality for public use, shall be subject to a public auction. Public notice of such auction shall be made at such times, places and manner in the discretion of the Enforcing Officer and the County Attorney who may seek the advice of the auction company, if any, hired by the County to assist with the auction.
2. The terms of sale for the annual public auction shall be prepared, and modified from time to time, by the Enforcing Officer and the County Attorney, who may seek the advice of the auction company, if any, hired to assist in the auction. Bids made at such auction shall be subject to final approval by resolution of the Legislature, and any bid may be rejected by resolution of the Legislature in its sole discretion.
3. The Enforcing Officer and the County Attorney shall have the authority to make any and all decisions of a ministerial or procedural nature which may arise during the course of the conduct of said public auction,
4. The Enforcing Officer and the County Attorney shall be authorized to conduct more than one public auction annually, if necessary.
5. After all unredeemed parcels have been offered for sale at not less than two (2) public auctions, the County shall attempt to sell any unsold parcels at private sale or subsequent public auction or retain one or more specific parcels for public use.
B.  Private sale.
1. Anything above to the contrary notwithstanding, a private sale may be authorized on a case-by-case basis by resolution of the Legislature after considering the recommendation of the Enforcing Officer, the County Attorney and the Director of Real Property Tax Services. Any such private sale agreement must be approved by a resolution adopted by the affirmative vote of two-thirds of the total membership of the Legislature.
2. The Legislature retains sole discretion to approve a private sale, or not, in the best interest of the County, keeping in mind that it is otherwise the policy of the County, as expressed herein above, that real property not retained for public use shall be sold at public auction. The following are examples of criteria to be used to approve a private sale, but this list is not intended to be exhaustive.
(a)  Sale of property when it has been determined by the Legislature that an environmental condition may exist on said property, such that it would likely be unmarketable to the general public.  
(b)  Sale of property to a governmental entity for public use.
(c) Sale of property when physical or legal conditions exist which would make the sale thereof at public auction impractical or unadvisable.
(d)  Sale of property to a contiguous owner:
(i) To provide access to a landlocked property.
(ii) To resolve a problem created by an encroachment, shared well or septic system, or common driveway, etc.
(iii) If the parcel cannot be otherwise improved under existing zoning regulations.
3. In no event shall any property be sold at private sale pursuant to this sub-article for the purpose of promoting economic development.
4. The Legislature may engage the services of a real estate broker and/or the auction company retained by the County, if any, to assist the County with the sale of parcels.
5. In addition to the sales price, the purchaser shall pay to the County of Putnam all other lawful charges and fees.
§31-9 Conveyance of subject parcels.
A. The County may convey all parcels to be conveyed to a third party by the terms of this sub-article by quitclaim deed. All sales may include a concurrent sale of the personalty acquired by the County and authorized by the judgment. All sales may include all other lawful charges and fees as is determined by the Enforcing Officer.
B. The County of Putnam shall not be liable for any physical condition of the property notwithstanding the County's ownership thereof.
C. The Legislature shall have final approval over all conveyances covered by this legislation.
Section 2.
Article II, Section 31-2 “Purposes” is hereby renumbered to Section 31-20
Section 3.
Article II, Section 31-3 “Definitions” is hereby renumbered to Section 32-21
Sections 4.
Article II, Section 31-4 “Authorization” is hereby renumbered to Section 32-22
Section 5.
Article II, Section 31-5 “Occupancy” is hereby renumbered to Section 31-23.
Section 6.
This local law shall take effect immediately.



 

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