The following definitions shall apply:
BUILDING MATERIAL
Lumber, brick, stone, carpet, plumbing materials, plaster,
concrete, floor coverings, roofing material, gutters or other material
or substances accumulated as a result of construction, repairs or
additions to existing structures or accessory structures or demolition
of those.
BULK WASTE
Large items of refuse, including, but not limited to: appliances;
furniture; large auto parts; trees, branches and stumps; and construction
and remodeling waste, which cannot be handled by normal municipal
waste processing, collection or disposal methods.
COLLECTION
The act of removing solid waste from a point of generation
to an approved disposal site. Collection shall be at the curb for
roll-out cart, yard waste, bulk and recyclable items.
CONTAINER
A portable device in which solid waste is held for storage
or transportation.
CONTRACTOR
A person, business or corporation which provides goods or
services to another person/entity under terms specified in a contract.
CUSTOMERS
Residential units and light commercial entities located within
the Town limits.
DISPOSAL
The deposition, injection, dumping, spilling, leaking or
placing of solid waste into or on the land or water in a manner that
the solid waste or a constituent of the solid waste enters the environment,
is emitted into the air or is discharged to the waters.
FEE
An amount established by the Mayor and Council for the collection
of solid waste.
FOUL ODOR
Offensive odors emanating from, but not limited to, garbage.
GARBAGE
Waste resulting from animal, grain, fruit or vegetable matter.
HAZARDOUS WASTE
Any industrial by-product, especially from the manufacturing
of chemicals, that is destructive to the environment or dangerous
to the health of people or animals. Examples include, but are not
limited to: car batteries, solvents, pesticides, herbicides, paints,
waste oil, tires, propane tanks and appliances containing Freon.
HEAVY COMMERCIAL ENTITY
A business entity within the Town limits that generates a
volume of solid waste that cannot be accommodated in fewer than four
roll-out carts.
HOUSEHOLD TRASH
Any waste accumulation of paper, sweepings, rags, bottles,
cans or other matter of any kind, which is usually attendant to housekeeping,
excluding recyclables and garbage.
INDUSTRIAL WASTE
Solid waste generated by industrial processes and manufacturing.
LIGHT COMMERCIAL ENTITY
A business entity within the Town limits that generates a
volume of solid waste that can be adequately accommodated by no more
than four roll-out carts.
NONRESIDENTIAL PROPERTIES
Any property which is not a residential unit within the meaning
of "residential units" as defined in this Code. Such properties include,
but are not limited to: multifamily dwellings; commercial and industrial
properties; strip malls and/or "mini-mart" plazas; institutional establishments;
or any combination of the aforementioned uses. Such properties shall
also include vacant land.
OCCUPANT
Any person, including the owner or operator, living, working
or sleeping in a unit.
OWNER
Any legally responsible person who, alone or jointly or severally
with others:
A.
Shall have legal title to any regulated residential or commercial
properties, with or without accompanying actual possession thereof;
or
B.
Shall have charge, care or control of any regulated residential
or commercial properties, as owner or agent of the owner or any executor,
administrator, trustee or guardian of the estate of the owner. Any
such person thus representing the actual owner shall be bound to comply
with the provisions of this chapter and of the rules and regulations
adopted pursuant thereto to the same extent as if he were the owner.
PHYSICAL DISABILITY
A medical condition verified by a registered physician that
makes an individual either physically unable to bring a roll-out cart
to the curbside for collection and/or that makes undertaking that
act clearly and seriously threatening to that person's health.
RECYCLABLES
The collection, separation, recovery and sale or reuse of
metals, glass, paper, cardboard, plastics and other materials which
would otherwise be disposed of or processed as municipal waste.
RECYCLING BIN
A container approved by the Town for the collection of recyclable
materials.
REFUSE
All materials which are discarded as useless. Such materials
may include, but are not limited to: shrub cuttings; grass clippings;
leaves; cardboard; paper; bottles; cans; clothing; and plastic containers,
which can be handled by normal municipal waste processing, collection
or disposal methods.
RESIDENTIAL UNITS
Single-family detached, single-family semidetached and single-family
attached residential housing units and apartments with three or fewer
units.
ROLL-OUT CART
A ninety-six-gallon container having wheels and a hinged
lid, issued by the Town, owned by the Town, for the disposal of refuse,
as defined.
SOLID WASTE
Garbage, refuse and other discarded materials, including,
but not limited to: solid, semisolid, liquid and contained gaseous
materials resulting from municipal, industrial, commercial, agricultural
and residential activities.
STORAGE
The containment of waste on a temporary basis which does
not constitute disposal of the waste.
TOWN
The Town of Snow Hill, Maryland.
WASTE
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed.
YARD WASTE
Grass, weeds, leaves, tree trimmings, plants, shrubbery pruning
and other similar materials which are generated in the maintenance
of yards and gardens, and which are separated from other solid waste
materials and placed in a designated collection area. Yard waste shall
not include trees, tree limbs, brush and other material resulting
from commercial tree trimmers and/or lawn care services.
This chapter shall be administered by the Town Manager or a
designee. The Mayor and Town Council may establish regulations regarding
the collection or disposal of solid waste, including recyclables.
Upon approval by ordinance of the Mayor and Town Council, any such
regulation shall have the force and effect of law. These regulations
may include, among other subjects, the days and hours and routes for
collection of solid waste, including recyclables; the specifications
for recyclables bins, and the times and manner in which they shall
be set out for pickup of the contents thereof by the collectors and
removal of such containers after they have been emptied; preventing
the mixture of certain types of solid waste in any one container;
limiting the amount of solid waste or the number of containers that
may be set out for any one premises at any one time; the imposition
of reasonable fees to cover the costs of the administration of the
chapter, including the cost of licensing and inspection; and such
other matters as may be deemed appropriate. Copies of any such regulations
shall be maintained in the office of the Town Manager at Town Hall
and are available for inspection during regular hours of business.
Christmas trees shall be picked up as scheduled by the Director
of Public Works.
Owners or designated agents of multiple-family dwellings or
heavy commercial entities. The owners or designated agents of these
dwellings/businesses must arrange with a contractor for the collection
of all solid waste and recyclables.
Bulk trash generated by rental and residential move-outs, estate
settlements and evictions will not be collected by the Town. Property
owners, property managers and estate property managerial firms must:
A. Secure a container/dumpster of sufficient size and accessibility
from a private waste hauling company to contain the trash generated
by rental and residential move-outs, estate settlements and evictions.
B. Have the containers/dumpsters removed by the private waste hauling
company when they reach capacity, when cleaning is complete or within
10 days, whichever occurs first. Should additional time be required,
property owners, property managers and estate property managerial
firms must contact Town Hall for approval.
C. Containers/dumpsters being placed on a Town street must have prior
approval from the Town Manager.
The Town will not provide pickup service of waste material which
is the result of work done by a private contractor even though a building
or demolition permit was issued to the owner of said premises. Whenever
a private contractor performs work on private premises from which
waste material results, the owner or contractor shall be responsible
for its disposal. This includes but is not limited to general contractors
and landscaping contractors.
The Town Manager or his/her designee is hereby authorized to
notify the owner of the property, as determined by the official tax
rolls of the Town of Snow Hill, to remove or properly dispose of the
refuse from the subject property.
Upon the failure, neglect or refusal of any owner so notified
to remove or properly dispose of such refuse within 10 days after
service of notice, as provided for in this chapter, the Town Manager
or his/her designee is hereby authorized and empowered to cause such
condition to be corrected by removing and disposing of such refuse
and is hereby authorized and empowered to pay for the disposing of
such refuse or to order its disposal by the Town of Snow Hill.
Any notice required by this chapter to be served shall be deemed
to have been served by any of the following methods:
A. When forwarded to the last-known address of the owner as recorded
in the real estate assessment records of the Town of Snow Hill, by
registered or certified mail with return receipt, and such receipt
shall constitute prima facia evidence of service upon such owner if
such receipt is signed either by the owner or by a person of suitable
age and discretion located at such address, provided that valid service
upon the owner shall be deemed effected if such notice shall be refused
by the owner and not delivered for that reason;
B. When delivered to the person to be notified;
C. When left at the usual residence or place of business of the person
to be notified with a person of suitable age and discretion then resident
or employed therein; or
D. When posted on the property (only if occupied).
Where the full amount due the Town is not paid by such owner
within 30 days after the disposal of such refuse, then the Town Manager
shall cause to be recorded in the Finance Department for the Town
a sworn statement showing the cost and expense incurred for the work,
the administrative fees, the date the work was done and the location
of the property on which such work was done.
Within 10 days from the service of notice as provided for in
this chapter, the owner or his agent may file an appeal with the Town
Council stating in detail the reasons as to why the action proposed
by the Town Manager or his/her designee should not be taken. Upon
receipt of such appeal, the Town Council shall put the case on its
agenda at its earliest convenience, notify the protestant thereof
and hear the merits of the appeal. The Town Council may reverse the
action of the Code Enforcement Officer for any error of fact or law
or upon a finding that the enforcement constitutes an undue hardship
upon the property owner which the property owner is physically or
financially unable to comply with. If the protestant is dissatisfied
with the decision of the Town Council, he shall have the right to
appeal to the Circuit Court of the county, provided that such appeal
shall be taken within 30 days after the protestant is notified (either
at the hearing or in writing) of the Town Council's decision.