[Adopted 11-1-2004 by Ord. No. 04-14]
As used in this article, the following terms
shall have the meanings indicated:
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; 3-4-2019 by Ord. No. 19-01]
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 violation notice of this article, said violation notice to be served personally upon or mailed by first-class mail to the owner, occupant, or tenant of the premises, or any agent caring for or in charge of the premises. The notice shall cite the violation of this article and shall state 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 notice or within eight days from the date of mailing of the notice, 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 a violation notice 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.
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.
