City of Harrington, DE
Kent County
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Table of Contents
Table of Contents
[Adopted 11-1-2004 by Ord. No. 04-14]
As used in this article, the following terms shall have the meanings indicated:
WEEDS
Grass, weeds, bushes and any other vegetation other than trees, ornamental shrubbery, flowers and garden vegetables that are properly tended.
It shall be unlawful and a nuisance for the owner, occupant or tenant of any premises, or any agent caring for or in charge of the premises, to permit any weeds, underbrush, deleterious or unhealthful growths or other noxious matter to grow to a height of six inches or more.
[Amended 12-15-2008 by Ord. No. 08-07; 3-5-2012 by Ord. No. 12-01]
In the event that any owner, occupant or tenant of any premises, or any agent caring for or in charge of the premises, within the City shall permit any grass, weeds, underbrush, deleterious or unhealthful growths or other noxious matter to grow to a height of six inches or more as prohibited by this article, then the City Manager and/or his/her authorized agents shall issue a summons showing a violation of this article, said summons to be served personally or by certified mail upon the owner, occupant, or tenant of the premises, or any agent caring for or in charge of the premises. The summons shall cite the violation of this article and shall be accompanied by a letter or a copy of the relevant provisions of the article stating what corrective action must be taken and shall state the consequences for failure to take such corrective action. If the violation is not corrected within three days from the date of personal service of the summons or within seven days from the date of mailing of the summons by certified mail, then the City, at the direction of the City Manager and/or his/her designee, may remove the weeds, grass, underbrush, deleterious or other unhealthful growths or other noxious matter growing to a height in excess of six inches or more in violation of this article and charge the owner of the property for such work that must be done to render the property in compliance with this article. The fee for such work shall be as set forth in Chapter 180, Municipal Fees. When the owner, occupant, or tenant of any premises, or any agent caring for or in charge of the premises, has received summonses and fails to take corrective action, and the City has corrected the violation in accordance with this section, then no further notification shall be necessary for the City to take any further corrective action on any subsequent violations within the following twelve-month period starting from the date of the first corrective action by the City.
[Added 3-5-2012 by Ord. No. 12-01[1]]
The following shall be considered exceptions to the six-inch height maximum:
A. 
Riparian areas. Areas within 100 feet of the bank of a perennial stream or lake or within 25 feet from the outer edge of a stormwater management pond shall be permitted to include stream bank vegetation, including grasses, shrubs, and/or trees.
B. 
Agricultural areas. Areas that are actively used for the cultivation of fields, including seasonal cover crops, shall be exempt from this requirement.
C. 
Approved natural and/or meadow areas. Areas that have been planted as meadow areas or areas that are being allowed to revert to natural vegetation, with approval of the City Engineer and the City Manager, shall be permitted in accordance with the approvals granted by these offices.
[1]
Editor's Note: This ordinance also repealed former § 305-6, Liens.
[Amended 3-5-2012 by Ord. No. 12-01]
It shall be unlawful and a nuisance for the owner, occupant or tenant of any premises, or any agent caring for or in charge of the premises, to permit refuse, rubbish, trash or other waste material, including tires, to be placed or to accumulate upon land or improved premises or upon any street, alley, sidewalk, or public way within the City limits so as to be detrimental, in the opinion of the City Manager and/or his/her designee, to adjoining property or the health or safety of any persons.
[Amended 12-7-2009 by Ord. No. 09-02]
Participation in the solid waste collection program is mandatory, unless exempt. Those permitted an exemption from the mandatory collection program are those uses that provide a dumpster for collection with the following uses: vacant lots with no structures, commercial, industrial, institutional, multifamily apartments and other similar uses. The owner, occupant or tenant of any premises, or any agent caring for or in charge of the premises, shall adhere to the following rules with regard to refuse, rubbish, trash or other waste materials:
A. 
All garbage shall be placed in a container with lids securely affixed. Each container shall not exceed 35 pounds in weight. The containers and/or total amount of garbage collected shall not exceed 96 gallons per week.
B. 
All garbage, trash or rubbish containers shall be placed for collection along the curb and/or at a designated location not sooner than 3:00 p.m. of the day preceding the day that the same is normally collected by the collector and not later than 6:00 a.m. of the normal day of collection.
[Amended 3-5-2012 by Ord. No. 12-01]
C. 
All garbage, trash, or rubbish containers shall be removed from the collection area and returned to a point to the side or rear of the structure by 11:59 p.m. the day the container has been emptied by the collector and in such a manner as to prevent the creation of a nuisance or a health hazard. The garbage, trash, or rubbish containers must not be visible from the street and may be placed to the rear of the structure or to the side of the structure if hidden from view by screening consisting of fencing or landscaping that conforms to the zoning requirements of the property. The height of the screening may not be less than that of the garbage, trash, or rubbish containers. Any exceptions to this section must be approved by the City Manager.
[Amended 3-5-2012 by Ord. No. 12-01]
D. 
Permitted refuse in containers. The following refuse may be placed in the container:
(1) 
Paper, cans, and other normal household trash.
(2) 
Normal garbage.
(3) 
Cardboard boxes that have been flattened to save space.[1]
[1]
Editor's Note: Former Subsection D(4), regarding grass, leaves and brush, which immediately followed, was repealed 12-6-2010 by Ord. No. 10-03. See now Subsection E(11).
E. 
Prohibited refuse in containers. The following refuse may not be placed in containers:
(1) 
Large limbs and stumps.
(2) 
Rocks, bricks and tires.
(3) 
Hot ashes.
(4) 
Flammable items; paint; automobile batteries.
(5) 
Chemicals.
(6) 
Corrosive solvents.
(7) 
Construction, demolition or remodeling debris.
(8) 
Concrete, dirt or plaster.
(9) 
Appliances or furniture which does not allow the container lid to close.
(10) 
Any items of any nature whatsoever that do not allow the container lid to close.
(11) 
Any yard waste (grass, leaves, small hedge/brush trimmings, tree limbs, etc.).
[Added 12-6-2010 by Ord. No. 10-03]
F. 
All garbage shall be wrapped in paper or plastic bags and placed inside the container. The plastic or paper bags shall be constructed of material and in a manner sufficiently adequate in strength and weight to keep the contents from rupturing such bags. All bags shall be secured at the top to prevent spillage.
G. 
Under no circumstances shall the City of Harrington be obligated to perform collections which violate any of the terms of this article. Upon persistent violation of the terms of the article by any property owner or occupier, the City may refuse to perform further collections.
H. 
A fee established by the City Council shall be paid in advance to the City for the solid waste collection services as stated in the Code of the City of Harrington, § 180-1, Fees established. This fee covers the cost of a weekly solid waste collection not to exceed 96 gallons per service.
I. 
In case of dispute over whether any items shall be collected by the City of Harrington pursuant to this article, all decisions of the city manager or his/her designee shall be final.
J. 
No solid waste, trash, brush, or any other material shall be placed in the street or on the sidewalk in such a manner as to obstruct or interfere with vehicular or pedestrian traffic. No solid waste of any description shall be disposed of within the limits of the City in any manner other than prescribed herein. Deposit of solid waste upon any land, alley, street, public place, vacant lot, watercourse, ditch, or any other method of disposal not in accordance with this article shall be a violation as prescribed in § 305-13.
[Added 3-5-2012 by Ord. No. 12-01]
[Amended 12-15-2008 by Ord. No. 08-07]
No person, firms, corporation or other entity shall bury any refuse, rubbish, trash or other waste material with the City limits without first obtaining a permit from the City Manager and/or his/her designee, and in no event shall any act of burying such materials be done in a manner which creates a nuisance detrimental to adjoining property or to the health or safety of any person.
No person, firms, corporation or other entity shall bring into the City and deposit upon any street, alley, public way, or private property any refuse, rubbish, trash or other waste material not generated by a residence or business located within the City.
[Amended 12-15-2008 by Ord. No. 08-07; 3-5-2012 by Ord. No. 12-01]
In the event that any owner, occupant or tenant of any premises, or any agent caring for or in charge of the premises, within the City shall permit refuse, rubbish, trash or other waste material to be placed or to accumulate upon land or improved premises or upon any street, alley, sidewalk, or public way within the City limits so as to be detrimental, in the opinion of the City Manager and/or his/her designee, to adjoining property or the health or safety of any persons as prohibited by this article, then the City Manager and/or his/her designee shall issue a summons showing a violation of this article, said summons to be served personally or by certified mail upon the owner, occupant, or tenant of the premises, or any agent caring for or in charge of the premises. The summons shall cite the violation of this article and shall be accompanied by a letter or a copy of the relevant provisions of the article stating what corrective action must be taken and shall state the consequences for failure to take such corrective action. If the violation is not corrected within three days from the date of personal service of the summons or within seven days from the date of mailing of the summons by certified mail, then the City, at the direction of the City Manager and/or his/her designee, may remove the refuse, rubbish, trash or other waste material so placed or so accumulated in violation of this article and charge the owner of the property for the work that must be done to render the property in compliance with this article. The fees for such work shall be as set forth in Chapter 180, Municipal Fees. When the owner, occupant, or tenant of any premises, or any agent caring for or in charge of the premises, has received summonses and fails to take corrective action, and the City has corrected the violation in accordance with this section, then no further notification shall be necessary for the City to take any further corrective action on any subsequent violations within the following twelve-month period starting from the date of the first corrective action by the City.
In the event that the owner, occupant, tenant or other agent caring for or in charge of the premises is deemed to be in violation of this article and in the event that the violation is corrected in compliance with the preceding section and if the charges assessed by the City for correcting said deficiency are not paid, then the City, after having corrected the deficiency and violation, shall place its charges and expenses as specified in the municipal lien docket as a lien against said property and in the lien docket maintained by the Prothonotary; and the City Solicitor shall be directed to enforce said lien or to collect the charges imposed by the City by any other means that he/she may deem desirable and most advantageous.
[Amended 3-5-2012 by Ord. No. 12-01]
A. 
Any person convicted of a violation of this article, regardless of corrective actions taken, shall be punished for that violation by a fine of not less than $25 nor more than $100. Any such fine shall be in addition to any charges or assessments imposed upon the violator pursuant to this article. All fines imposed shall be in accordance with the minimum fine schedule set in Chapter 180, Fees, Municipal.
B. 
Every day that a violation of this article continues shall be considered a separate offense, for which the violator may be fined without necessity of further notice.
C. 
In determining the applicable minimum fine, an offense shall be considered a recurring offense only if the owner of the property has previously been found to have caused or permitted the same nuisance at the same location within the past 18 months, or for every day that the violation of this article continues.
[1]
Editor's Note: Former § 305-14, Fine schedule, was repealed 3-5-2012 by Ord. No. 12-01.
Any fines imposed pursuant to this article which remain unpaid shall be placed by the City as specified in the municipal lien docket as a lien against the property on which the violation occurred, and the procedures for enforcement or collection of said lien shall be as set forth herein.