[HISTORY: Adopted by the City Council of the City of New
Carrollton 11-19-2014 by Ord. No. 15-04.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Health and sanitation — See Ch. 66.
Housing and property maintenance — See Ch. 71.
[1]
Editor's Note: This ordinance also repealed former Ch.
63, Garbage and Recycling, adopted 11-4-2009 by Ord. No. 10-06.
A.
It shall be unlawful for any person to store, place, dump or litter
the streets, roads, sidewalks, parks, public parking areas, recreation
areas or other public areas or open spaces within the City, by causing
to be discarded, dropped, spilled, scattered, leaked, thrown or let
fall any paper, boxes, cans, bottles, refuse, trash, garbage, trimmings
from lawns, hedges, shrubs or trees, fuel oil or lubricating oil in
the servicing or repair of motor vehicles, or any rubbish or loose
material of any kind.
B.
Every person having charge of building construction or renovations,
either as owner or contractor, shall remove or cause to be removed,
at the expiration of each working day, from the City sidewalks, gutters,
and roadways adjacent to such building construction or renovation,
all earth, sand, gravel, dirt, mortar, stones, broken brick, shavings,
rubbish and all other litter that may have been deposited or accumulated
thereon as a result of such building construction or renovation.
A.
Single-family and household refuse must be placed in watertight,
heavy plastic or metal containers that do not exceed thirty-five (35)
gallons in capacity and are equipped with tight-fitting covers, which
covers shall remain on the containers at all times. Garbage shall
be placed in plastic bags prior to being placed in containers. The
containers shall be kept in a sanitary condition.
B.
Refuse collection containers shall be stored on each resident's
property either at the rear or side of each residence.
C.
Refuse containers are NOT to be set out on the street or between
the curb and the sidewalk for collection. Trash placed in refuse containers
shall be collected from the rear or the side of the house, but not
in the street, alley or other public right-of-way. Trash containers
shall be accessible for pick-up by 7:00 a.m. on the scheduled day
of collection.
A.
Single-family and household recycling must be placed in City-provided
multicolored, sixty-five-gallon containers. All recycling material
may be commingled in the sixty-five-gallon recycling container.
B.
Recycling collection containers shall be stored on each resident's
property either at the rear or side of each residence.
C.
Recycling containers SHALL be set out on the street or between the
curb and the sidewalk for collection. Recycling placed in recycling
containers shall be collected from the street or other public right-of-way.
Recycling containers shall be accessible for pickup by 6:00 a.m. on
the scheduled day of collection. Empty containers will not be returned
to the side or rear of the premises by contract or City employees.
The owner or person in charge of each property shall return the empty
containers to their original location prior to 10:00 p.m. local time
of the day of collection.
[Amended 5-15-2019 by Ord. No. 19-15]
The owner or person responsible for the maintenance of real
property located in the City must call the City Department of Public
Works to schedule the collection of special bulky items. Special bulky
collections are to be placed at the curb for collection; however,
shall not be placed on the curb until the Tuesday evening prior to
a scheduled collection. All items placed for collection as a special
bulky item must comply with all applicable City regulations, including
but not limited to the requirement that all mattresses and box springs
placed at the curb for collection be inside of a mattress disposal
bag. Mattresses and box springs placed for collection that are not
in a mattress disposal bag will not be picked up by the City. Property
eviction set-outs are not considered to be the collection of special
bulky items under this section. A fee shall be charged for the collection
of special bulky items in accordance with the Schedule of Fees adopted
by the City Council.
[Added 5-15-2019 by Ord.
No. 19-15]
The City does not provide for the removal of property eviction
set-outs on a routine basis. It is the property owner's responsibility
to call the City Department of Public Works and schedule an eviction
set-out removal. Property owners must provide the Department of Public
Works at least forty-eight (48) hours' advance notice of a property
eviction set out. When a set-out is identified for which a removal
has not been scheduled, the City will notify the property owner and
give the property owner forty-eight (48) hours to remove the items
or schedule a removal with the City. In the event that the property
owner shall fail or refuse to comply with the City's request
to remove the items or schedule a set-out removal, the owner will
be required to pay a fee as set forth in the City's Fee Schedule
for the City to remove and dispose of the items that remain on or
in front of the property after the forty-eight (48) hours' notice,
and the owner shall be fined in accordance with the City's Fines
and Penalties Schedule for failure to comply with the notice to remove
the items. It shall be lawful for the City to remove and dispose of
the material in accordance with the provisions of this section.
[Amended 5-15-2019 by Ord. No. 19-15]
Commercial refuse collection receptacles shall be maintained
in a manner so as to prevent rodent access and harborage, in a sanitary
and structurally sound condition, and secured in a manner so as to
prevent the scattering or discharge of any contained refuse material.
[Amended 5-15-2019 by Ord. No. 19-15]
The City Council shall have the authority to adopt, by resolution,
additional regulations relating to the disposition and collection
of garbage, trash and recycling, as well as the fees to be charged
therefor, as are needed to safely and efficiently provide for the
removal and collection of garbage, trash and recycling in the City,
and to otherwise achieve compliance with the provisions of the chapter,
provided that such regulations are not inconsistent with this chapter.
[Amended 5-15-2019 by Ord. No. 19-15]
The City Code Enforcement Manager, or their designee, is hereby
authorized to notify, in writing, the owner or the person responsible
for the maintenance of property to remove or properly dispose of the
litter, garbage and refuse from the subject property within twenty-four
(24) hours, inclusive of Sundays and holidays, after the date of such
notice. Such notice shall advise the owner or responsible person that
the City shall take action and the owner or responsible person shall
bear the cost if they fail to remove and properly dispose of the litter,
garbage or refuse in accordance with the provisions of this chapter.
[Amended 5-15-2019 by Ord. No. 19-15]
A.
In any situation where the Code Enforcement Manager or their designee
determines that a violation exists that is or could be a health hazard,
such official may order compliance with any correction order issued
for that violation within twenty-four (24) hours of notice to the
owner of the property or any tenant in possession.
B.
If compliance is not accomplished within the stated time period,
the Manager or designee may request the City Department of Public
Works, or a contractor, to alleviate the health hazard and charge
the property owner for the costs of compliance, including the salary
of any City employee involved. However, if the person failing to comply
shows good cause therefor by filing an objection, in writing, with
the City Administrative Officer on or before seven (7) business days
after receipt of such correction order and the City Administrative
Officer, in his or her sole discretion, accepts such cause, the cost
of compliance shall not be assessed against the property owner.
C.
Failure, neglect or refusal of any owner or person responsible for the maintenance of property to comply with a written notice to properly dispose of litter, garbage or trash in accordance with the provisions of the chapter shall constitute a violation. In addition to the fee set forth in Subsection B, any failure to comply with an immediate correction order shall be a municipal infraction for which the fine shall be as is set forth in the City's Schedule of Fines, as adopted from time to time by the City Council, in addition to the costs noted above.
[Amended 5-15-2019 by Ord. No. 19-15]
Violations of this chapter are municipal infractions, subject to the penalty and enforcement provisions of § 1-21A of the Code of the City of New Carrollton. It shall be the obligation of the owner of the property to which the City provides any collection services or related service under this chapter to pay for the costs incurred by the City in providing such services to the property. Accordingly, any municipal infractions issued for violations of this chapter shall be issued to the property owner. All charges for any form of collection services provided by the City pursuant to this chapter, if unpaid, shall be a lien upon the property to be collected in the same manner as municipal taxes are collected.
If a court of competent jurisdiction shall hold any section
or part of a section of this chapter invalid, such holding shall not
affect the remainder of this chapter.
