[Ord. 2545, 8-16-2011]
(a)
No person shall dump or otherwise dispose of refuse, recyclables
or solid waste on any public property or premises, unless it is properly
placed at a licensed solid waste disposal facility. Any owner of a
car, commercial car, trailer, semitrailer, pole trailer, truck or
other vehicle who permits or employs another person to use the vehicle
and who knows or should have known through due diligence that the
vehicle will be used for the purpose described in this section shall
be found in violation of this article.
(b)
Solid waste dumped or otherwise deposited on public property or premises
not licensed as a solid waste disposal facility, constitutes a public
nuisance which may be abated by the town. Any expense or costs incurred
by the town, including staff time, in removing waste dumped or deposited
in violation of this section shall be paid by the violator. The Recycling
Coordinator is hereby authorized to send written notice to violators
of this section to remove waste dumped or deposited in violation of
this section within five days of receipt of the notice. If the violator
fails to remove the waste within the time provided in the notice,
the town may remove or cause to be removed the waste and the Town
Manager may take any legal action necessary to collect the cost of
the removal from the violator. In addition, the town shall have a
lien against the property for such recovery and may file a certificate
of lien in the land records of the town, and such lien shall have
priority over all other liens and encumbrances in the same manner
as real estate tax liens, shall bear interest at the same rate as
delinquent real estate tax liens, and may be foreclosed in the same
manner as real estate tax liens. Nothing in this section shall limit,
in addition to the collection of expenses, the town's authority to
issue fines for violations in accordance with this chapter.
(c)
In addition, a violation of this section shall constitute a violation
of the town's blight ordinance.
(d)
The Town Manager is hereby authorized to pay a reward to any person who provides the town with information leading to the identification and conviction of any person for a violation of divisions 1 or 2 of article VII. Such reward shall be in an amount equal to 1/2 of the fine that is actually imposed by a court against the violator and collected by the town. A person entitled to a reward as provided in this section must file a claim with the Town Manager to collect the reward.
(e)
The Town Manager shall include in all such contracts a provision
providing that it is a material breach and cause to cancel the contract
for the contractor to dump solid waste from the demolition on any
public or private property or place not licensed as a solid waste
disposal facility. In the event that a demolition contract is cancelled
pursuant this section; the contractor shall be barred from obtaining
another contract with the town for demolition services for a period
of one year from the date of cancellation.
