All owners and occupants of any premises in
the Town, whether improved or unimproved, shall keep such premises
in a clean, orderly, and sanitary condition and shall remove therefrom
all refuse, including trash, garbage, brush, weeds, grass over 12
inches in height, or any other objectionable matter, whether vegetable,
animal, or mineral.
[Amended 3-17-2007 by Ord. No. 706-08]
A.
In addition to other remedies and penalties provided in this article, in the case of any owner of such real property, or both the owner and occupant if such property is not owner-occupied, who neglects to or refuses to comply with the provisions of § 240-19, such owner of such real property, or both the owner and occupant if such property is not owner-occupied, shall be notified of such noncompliance by the Town's Building Official and such notice shall be by registered mail addressed to said owner of such real property, or both the owner and occupant if such property is not owner-occupied, at his/her last known address, and if such compliance has not been effected within one week from the date of such notice, the Town's Building Official is authorized and empowered to enter upon such premises and perform such acts as are necessary to bring such premises into compliance with the provisions of such section.
B.
When the Town has completed the removal of such refuse, litter and/or weeds or has paid for its removal, the actual cost thereof shall be billed to the owner of such real property, or both the owner and occupant if such property is not owner-occupied, and shall become due and payable 30 days from the bill date and will incur interest at the rate of 1 1/2% per month until paid. The removal costs constitute a lien against each affected real property to be collected pursuant to the provisions of Chapter 50, Finance and Taxation, § 50-3 of this Code.
A.
Except as provided in this article, no person shall
throw or deposit any refuse, garbage, rubbish, or waste matter of
any kind or cause the same to be thrown or deposited upon any street,
alley, gutter, park, waterway, lot or building in the Town.
B.
No person shall store, deposit or keep refuse of any
kind accessible to rodents for feeding, nesting or breeding.
C.
No person shall burn refuse, garbage, rubbish, or
waste matter at any place or in any manner which would create a health
or fire hazard, excessive smoke, noxious odor, or release of toxic
substances upon combustion or which would violate any municipal, county,
or state law.
D.
Any rags, clothing, bedding, mattresses, shoes and
similar materials to be discarded which are known to carry or reasonably
suspected of carrying infections or contagious substances or diseases
shall be disposed of as directed by the appropriate health authorities.
A.
During the intervals between refuse collection, but
in no event for a period exceeding seven days, refuse, including garbage,
filth, decayed fruits, vegetables and articles of glass, metal and
other material which might be dangerous to handle, or any other offensive
matter or debris, may be kept within the Town only if the same is
placed in sanitary and rodent-proof containers of twenty-gallon maximum
volume or in such other containers as may from time to time be approved
by the Director of Public Works, all containers to be equipped with
tight-fitting lids.
B.
The period specified in Subsection A above may be shortened if the Director of Public Works finds that such storage of refuse or waste creates or tends to create a health hazard, offensive odors, rodent and insect breeding places, dust and unsafe conditions, surface pollution, or an excessive accumulation of waste. In such case, a written notice shall be issued by the Director of Public Works to the owner or occupier of any premises on which such conditions exist specifying the time limit for removal of such waste material.
No dry trash, including but not necessarily
limited to newspapers, magazines, wastepaper, and paper cartons, shall
be kept within the Town unless the same is tied in bundles or placed
in boxes or cartons of gross weight not exceeding 50 pounds and further
secured so as to prevent scattering. Cardboard boxes which are not
used as containers for such trash shall be flattened and tied in bundles.
In addition to adherence to other requirements
of this article, any person, corporation, contractor or subcontractor
owning or engaged in the alteration, repair, construction, excavation,
or demolition of a structure, walk, driveway or other appurtenance
shall maintain the premises upon which such activities are taking
place in a clean, orderly, and sanitary condition, shall adopt measures
to prevent the scattering of debris, and shall remove and dispose
of, at his expense, all refuse, rubbish, or waste matter resulting
from such alteration, repair, construction, excavation, or demolition.
Such refuse and waste matter shall be removed in a sanitary manner
with seven days of final cessation of work, unless otherwise specifically
authorized by the Director of Public Works.
A.
The Town shall collect on a regular schedule, without
extra charge, all household-originated refuse from single-family dwellings,
provided that such dwellings abut on a public right-of-way and that
refuse is placed in approved containers of not less than 20 gallons
nor more than 32 gallons in volume nor more than 40 pounds in loaded
weight and provided further that the containers are placed at the
curb of a public right-of-way permitting loading and passage of collection
vehicles. Such containers shall not be placed at the curb before 6:00
p.m. on the day preceding the collection and shall be removed before
9:00 a.m. on the day following the collection.
B.
The Town shall collect on a regular schedule, without
extra charge, all refuse from institutional, industrial and commercial
establishments, apartment houses and condominiums, provided that such
establishments abut a public right-of-way and that refuse is placed
in approved containers of not less than 20 gallons nor more than 32
gallons in volume nor more than 40 pounds in loaded weight and provided
further that the containers are placed at the curb of a public right-of-way
permitting loading and passage of collection vehicles. Such containers
shall not be placed at the curb before 6:00 p.m. on the day preceding
the collection and shall be removed before 9:00 a.m. on the day following
the collection.
C.
The Town, acting through the Director of Public Works,
shall decline to pick up refuse from institutional, industrial and
commercial establishments, apartment houses and condominiums where
such refuse regularly exceeds the volume of 10 thirty-two-gallon cans
for an institutional, industrial or commercial establishment or three
cans per unit per collection for an apartment or condominium or when
in the opinion of the Director of Public Works the placing of cans
at a public curb constitutes a nuisance or health hazard or excessively
encroaches upon public space or where vehicular entry upon private
premises is required for collection. In the event that any of the
foregoing conditions exist, the Director may require such institution,
industrial or commercial establishment, apartment house or condominium
to be serviced by a private contractor.
D.
The Town may collect, on an unscheduled basis, at
such extra charge, if any, as the Commissioners may from time to time
establish, dry yard trash, leaves, tree trimmings, flattened boxes
or wood refuse, provided that such dry yard trash, leaves, tree trimmings,
flattened boxes or wood refuse is bundled, boxed or bagged in bundles,
boxes or bags, not exceeding five feet in length, six feet in girth
and 50 pounds in weight for each item, and also discarded furniture,
appliances, rugs and other bulky items of household trash. Application
for such unscheduled collection should be made to the Department of
Public Works, which will inform the applicant of the day of collection.
Nonexclusive franchises, renewable annually,
may be granted to commercial refuse collectors under the following
conditions:
A.
The holder of a franchise shall:
(1)
Maintain such compensation and liability insurance
as will protect the Town from any and all claims under workers' compensation
acts and from any other claims for damages or for personal injury
or damage to property which may arise from his operations under the
franchise. The public liability and automobile liability insurance
shall be not less than $500,000 bodily injury and $100,000 for property
damage arising out of any occurrence. The holder shall provide the
Town certificates of such insurance. Such certificates shall provide
at least 10 days' written notice of cancellation or termination to
the Town of Bel Air, 39 Hickory Avenue, Bel Air, Maryland 21014.
(2)
Provide the Town copies of licenses for vehicles operating
within the Town evidencing approval, by an agent of the Maryland State
Department of Health and Mental Hygiene, of the equipment for hauling
refuse.
(3)
Maintain containers provided to customers in a serviceable
condition.
(4)
Provide service to customers on a timely basis.
(5)
Provide the Town with a list of customers detailing
service provided, i.e., size and number of containers and schedule
of pickups, and a route schedule and shall keep the Town informed
of changes in either.
(6)
Comply with the rules of conduct which have been established
by the operator of a landfill to which he is conveying refuse originating
within the Town.
(7)
Bear full responsibility for segregating refuse generated by customers located within the corporate limits of the Town of Bel Air from that collected outside the corporate limits for purposes of avoiding fees which may be imposed by the operator of a landfill. Failure to segregate such refuse while operating under the franchise shall be subject to a fine as provided in § 240-29 of this article. Subsequent offenses shall be deemed a misdemeanor and shall be subject to a penalty as provided in Chapter 1, Article II, of this Code.
[Amended 11-17-2008 by Ord. No. 715-08]
B.
Failure on the part of the holder of a franchise to
comply with any one of the above conditions will be deemed sufficient
cause for the voidance of the franchise. The purpose of granting a
franchise is to grant the holder the right to avoid tipping fees charged
by Harford County. Commercial refuse collectors are free to collect
refuse within the Town.
[Amended 11-17-2008 by Ord. No. 715-08]
No garbage, trash, or debris shall be transported,
conveyed or hauled over streets or highways unless the same shall
be in covered containers or a covered vehicle or, if carried in an
open vehicle, held down by a netted wire covering or any other covering
of sufficient weight and size to prevent the blowing, scattering,
or dropping of the garbage, trash or debris.
The Commissioners may, from time to time, by
resolution, adopt reasonable and uniform rules and regulations to
carry out the provisions of this article.
