[Adopted 12-22-1976 as Ch. 75 of the 1976 Code]
This chapter shall be known and may be cited as the "Rubbish Removal Law of the Town of Fenton."
A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the Town of Fenton and the safeguarding of their material rights against unwarranted invasion, and, in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the town and the general welfare of its citizens. The unrestrained accumulation of rubbish on private property is a hazard to such health, safety and welfare of the citizens of the town, necessitating the removal thereof. Therefore, pursuant to § 64, Subdivision 5-a, of the Town Law and § 10, Subdivision 1(ii)a(11), of the Municipal Home Rule Law, this chapter is enacted.
As used in this Article, the following terms shall have the meanings indicated:
JUNKYARD
Any business or activity, whether or not conducted for profit, involving the use of premises outside a building for the collection, storage, dumping, scrapping, salvaging or sorting and arranging for sale, storage or disposal of:
A. 
Bodies, engines or parts of autos.
B. 
Other secondhand or used property of whatever material.
C. 
Waste material, whether of wood, paper, cloth, cardboard, plastic, metal, stone or cement.
RUBBISH
A. 
All waste substances not intended for use in a manufacturing or reconditioning process carried out on the premises, including, but not limited to, any of the following:
(1) 
Garbage.
(2) 
Combustible refuse, including, but not limited to, paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood furniture and bedding.
(3) 
Noncombustible refuse, including, but not limited to, metals, tin cans, metal furniture, discarded or partially or wholly dismantled used motor vehicles, glass, crockery and other mineral waste.
(4) 
Solid and semisolid wastes resulting from industrial processes and manufacturing operations.
B. 
The term "rubbish" does not include any unprocessed earth, stone or minerals.
It shall be unlawful and a violation of this chapter for the owner or tenant of any real property located within the Town of Fenton, to allow the accumulation of rubbish on such property for more than 10 days.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
It shall be the duty of the owner of any real property located within the Town of Fenton to remove from such real property any accumulation of rubbish thereon within 10 days after notice and demand of a Town Constable or the duly designated enforcement officer.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
Any person alleged to have violated § 119-4 or § 119-5 of this Article, at the direction of the Town Board, shall be personally served with a written notice of such allegation, stating the time and place of a public hearing thereon by the Town Board, not less than five days subsequent to the service of the notice. Notice of such hearing shall be published in the official newspaper not less than five days prior thereto. The person charged with the violation shall be given an opportunity to be heard at the public hearing. If the Town Board shall determine, in writing, after the public hearing that the person so charged has violated § 119-4 or 119-5 of this Article, it shall cause such person to be personally served with a copy of such determination and a notice directing him to comply with the provisions of this Article. A copy of such written determination shall also be filed with the Town Clerk. If such person fails or refuses to comply with the order of the Town Board within three days after its service, the Town Board may direct the Town Superintendent of Highways to remove such rubbish. The owner of such real property shall pay to the town all costs of removal of the rubbish within 30 days upon written demand of the Supervisor, served by certified mail. Upon failure of the owner to pay such costs, they shall become a lien and charge against the real property from which the rubbish was removed, until paid or satisfied or discharged, and shall be collected at the same time and in the same manner as other town charges.
B. 
The town may enforce this Article by the administrative mechanism set forth in § 119-6A above or by direct application to any court of competent jurisdiction, or both.[1]
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
This Article shall not apply to any junkyard or place of business for processing scrap metal operated in accordance with other provisions of the Code of the Town of Fenton.
Each owner or tenant of real property who violates this chapter shall be guilty of an offense punishable by a fine up to $50 per violation or imprisonment of up to six months, or both. Separate violations shall occur until such owner complies with the provisions of this Article or until the Superintendent of Highways causes the removal of all refuse from the property of such owner.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.