[HISTORY: Adopted by the Town Council of
the Town of Hillsville as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch.
34.
Animals — See Ch. 42.
Outdoor burning — See Ch. 56.
Fire prevention — See Ch. 76.
Littering — See Ch. 88.
Nuisances — See Ch. 97.
Parades — See Ch. 101.
Peace and good order — See Ch. 108.
Peddling and soliciting — See Ch. 112.
Special events — See Ch. 132.
Streets and sidewalks — See Ch. 136.
Inoperable vehicles — See Ch. 160.
[Adopted 10-11-1978 as Ch. 11, Art.
II, of the 1978 Code]
[Amended 9-28-1992]
Every person owning real estate within the Town
shall keep their property free of all trash, garbage, refuse, litter
and other substances which might endanger the health and safety of
the residents of the Town.
[Added 4-9-1986]
A.
The Town will provide special trash, rubbish and brush
pickups with the following conditions and rules:
(1)
All trash, rubbish and brush will be placed at curb-
or roadside.
(2)
All trash, rubbish and brush must be in a condition
whereby two men can load into a dump truck without mechanical aid.
(3)
Brush must be cut into lengths that can be loaded
compactly into a dump truck.
(4)
There shall be a limit of one load per month. Any
additional loads shall be charged at $25 per load.
[Amended 11-11-1996]
(5)
All real estate and personal property taxes must be
paid in full in order to receive free special pickups.
[Added 4-24-2000; amended 9-9-2019]
(6)
Nothing in this section should be construed to apply to landowners
who wish to landscape, garden or plant native flowers, trees or shrubs
on their property to sustain birds, bees, butterflies and other beneficial
insects as befits a community with as many natural resources as Hillsville.
However, all such plantings shall be conducted and maintained in an
orderly fashion in keeping with other aspects of Town Code regarding
appropriate maintenance and upkeep of properties.
[Added 2-27-2012]
B.
If the above conditions and rules create a hardship
for the landowner, arrangements may be made with the Town Manager
to accommodate the situation.
[Amended 11-13-1995; 6-10-2013; 11-22-2021]
A.
The owners of property within the Town shall, at such time or times
as the Town may prescribe, remove therefrom any and all trash, garbage,
refuse, litter, clutter, except on lands zoned for or in active farming
operation, and other substances which might endanger the health or
safety of other residents of the Town; or may, whenever the Town deems
it necessary, after reasonable notice, have such trash, garbage, refuse,
litter, clutter, except on lands zoned for or in active farming operation,
and other like substances which might endanger the health of other
residents of the Town removed by its own agents or employees, in which
event the cost or expenses thereof shall be chargeable to and paid
by the owners of such property and may be collected by the Town as
truces are collected. Trash, garbage, refuse, litter and other debris
shall be disposed of in personally owned or privately owned receptacles
that are provided for such use and for the use of the persons disposing
of such matter or in authorized facilities provided for such purpose
and in no other manner not authorized by law. Clutter includes mechanical
equipment, household furniture, containers, and similar items that
may be detrimental to the well-being of the Town when left in public
view for an extended period or are allowed to accumulate.
B.
The Town Manager or agents of the Town shall, upon their own initiative
or when requested to do so in writing, investigate any land or lot.
If it has been determined that there is a violation of this section,
the Town Manager or an agent of the Town shall notify the owner of
the land or lot upon which the violation exists to remedy the condition.
Such notice shall be in writing and delivered or mailed by certified
mail to the last known address of the owner. If, after 30 days from
the mailing of the certified notice, the condition remains, the owner
shall be deemed to be in violation of this section. After that date,
the Town Manager or the Town's agents shall have such trash,
garbage, refuse, litter or other like substances removed, in which
event the cost and expenses thereof shall be chargeable to and paid
by the owner of such property and may be collected by the Town by
billing or as taxes are collected.
C.
It shall. be unlawful for the owner of any land or lot within the
Town to permit grass, weeds, brush and other foreign growth standing
more than eight inches in height to remain upon so much of the property
as lies within 100 feet of any street, dwelling house or commercial
building. The Town Manager or agents of the Town shall, upon their
own initiative or when requested to do so in writing, investigate
any land or lot. If it has been determined that there is a violation
of this section, the Town Manager or an agent of the Town shall notify
the owner of the land or lot upon which the violation exists to cut
and/or remove the condition. Such notice shall be in writing and delivered
or mailed by certified mail to the last known address of the owner.
If, after seven days from the mailing of the certified notice, the
condition remains, the owner shall be deemed to be in violation of
this section. Whenever the Town deems it necessary, after seven days
from the time of notice, the Town Manager or the Town's agents
shall have such grass, weeds, foreign growth or debris cut and/or
removed, in which event the cost and expenses thereof shall be chargeable
to and paid by the owner of such property and may be collected by
the Town by billing or as taxes are collected.
D.
Whenever the Town deems it necessary, after seven days from the time
of notice, the Town Manager or the Town's agents shall have such
grass, weeds, foreign growth or debris cut and/or trash, refuse removed,
in which event the cost and expenses thereof shall be chargeable to
and paid by the owner of such property and may be collected by the
Town by billing or as taxes are collected.
[Amended 6-11-1980; 9-28-1992]
Every charge authorized by this Article with
which the owner of any such property shall have been assessed and
which remains unpaid shall constitute a lien against such property,
and the Treasurer shall file with the Clerk of the County Court a
statement of the lien claim. This statement shall contain the legal
description of the premises served, the name of the recorded owner,
the amount of the unpaid bill and a notice that the Town claims a
lien of this amount for service rendered. This statement shall be
recorded in a lien book provided by the Town for the purpose of recording
such liens. Settlement or payment of these liens can be made upon
paying the amount of the recorded lien plus 6% interest from the date
of such filing and any costs involved in their recordation and in
the recording of the release of such lien. Release of such liens shall
be executed by the Treasurer upon presentation of evidence that the
amount of the lien and cost involved have been paid into the treasury
of the Town.
[Added 6-10-2013; amended 11-22-2021]
Any person violating any of the provisions of this article shall
be subject to a civil penalty, not to exceed $50 for the first violation.
Each business day during which the violation is found to have existed
shall constitute a separate offense. The civil penalty for subsequent
violations not arising from the same set of operative facts within
12 months of the first violation shall not exceed $200. A series of
specified violations arising from the same operative set of facts
shall not result in civil penalties which exceed a total of $3,000
in a twelve-month period. In the event three civil penalties have
been previously imposed on the same defendant for the same or similar
violation, not arising from the same set of operative facts, within
a twenty-four-month period, any subsequent violation may be charged
as a Class 3 misdemeanor. No civil penalty shall be imposed for any
violation charged as a Class 3 misdemeanor.
[Adopted 10-11-1978 as Ch. 11, Art.
III, of the 1978 Code]
A.
All householders and apartment house owners with garbage
and refuse to be collected by the Town shall provide one or more metal
or plastic containers with a capacity of not more than 32 gallons,
and with tight-fitting lids that shall be kept thereon at all times,
except when the container is being filled or emptied, and lined with
trash bags.
[Amended 10-24-1984; 9-28-1992]
B.
Apartment house owners or business establishments
may provide any approved type of truck-lift container for garbage
and refuse. The number of truck-lift containers shall be limited to
two.
[Amended 1-14-2013]
C.
Eating establishments and all business firms handling
foods, including grocery stores, produce markets and dairies, shall
provide metal or plastic containers with a capacity of not more than
32 gallons, and with tight-fitting lids, lined with trash bags of
a size and quality to hold trash without bursting, or an approved
type of truck-lift container for waste and food products.
[Amended 10-24-1984; 9-28-1992]
D.
Business establishments shall provide storage rooms
or covered storage bins for waste products other than food wastes
and shall put all trash in large boxes or cartons and place in the
storage room or bin for collection.
A.
Householders shall place all refuse containers at
one location at the edge of any street adjacent to their property.
Town employees will not enter private property for the collection
of garbage and refuse except when so authorized by the Town Manager.
[Amended 10-26-1983]
B.
Refuse containers shall not be set out before 12:00
noon the day prior to the scheduled pickup. For the first offense
of this subsection, a warning letter shall be sent by the Town Manager.
The second offense shall be a civil penalty with a fine of $25. The
third offense shall be a misdemeanor with a fine of $50.
[Added 3-27-1995[1]]
C.
Business establishments will place their refuse containers
at the rear or side of the establishments in such a manner that they
will be readily accessible to the sanitation crew. Trash that is placed
in said container must be done in such a manner that it is within
the container proper. Also, no grease shall be placed within the container.
Failure to keep the trash properly within the container or placing
grease within the container shall cause the Town to refuse service
until such conditions are corrected.
[Amended 11-14-1990]
D.
Collections will be made for households and business
establishments in accordance with a schedule prepared by the Town
Manager.
[Amended 11-11-1996]
E.
The provisions of this section shall exclude special
pickup items.
[Added 3-27-1995]
[Amended 7-12-1993]
A charge for the services provided by this Article
and payable to the Town shall be made in accordance with a schedule
of charges prepared by the Town Manager.
[Added 4-23-2001]
It shall be unlawful for any person to deposit,
throw, cast or dump any solid waste or refuse generated outside of
the Town of Hillsville in the public trash bins on Town streets, at
residences within the Town, or in bulk containers located at businesses
within the Town.
