§ 45-8. Failure to perform collection of solid waste.

It shall be the duty of each permittee authorized to collect solid waste pursuant to § 45-7A to effect the collection of solid waste on the days and at the places as specified on the permit application. In the event that the permittee fails to effect said collections for a period of 48 hours after the due date of said collection, exclusive of Saturdays, Sundays or holidays, the Town shall have the right to provide for substitute collection. The imposition of substituted collection shall be subject to the following:

A. 

The Town shall give to the permittee written notice by certified mail of his failure to collect and of the Town's intention to invoke substituted collection. The Town shall take no action until 24 hours after said notice has been mailed to the permittee.

B. 

In the event that the failure to effect collections is caused by a strike, an act of God or a state of emergency, the penalties imposed by virtue of substituted collection shall not be applicable.

C. 

The fee to be charged against the deposit of the permittee shall be $75 for every hour of labor required to effect substituted collection, with a required minimum of four hours of labor.

D. 

A permittee appointed by the Town to make substituted collection shall be paid only upon receipt by the Town of a voucher submitted by the substituted permittee and of written verification thereof to be issued by the Department of Recycling and Sustainable Materials Management of the Town of Brookhaven.

[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]

E. 

The Town Attorney is hereby authorized to recover any costs incurred by the Town as a result of effecting substituted collection, by commencement of an action in the appropriate court against the permittee, property owner or such other responsible person as may be appropriate.

Amended 6-18-2002 by L.L. No. 14-2002, effective 6-24-2002