[HISTORY: Adopted by the Town of Clinton 8-23-2006. Amendments
noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 447.
A.
For residential property of three living units or
fewer, a dumpster placed on private property for the purpose of disposal
of any solid or liquid waste material and at least 10 cubic yards
in size may be kept on the property no longer than 60 days from the
date of the dumpster's delivery. If a dumpster is placed on private
property in conjunction with a construction project that has an approved
building permit, the dumpster must be removed within 15 days of the
issuance of the certificate of occupancy or final inspection. The
dumpster must be located on private property and not on the public
highway or on the Town's property.
B.
For residential property of more than three living
units and all commercial/industrial property, a dumpster placed on
private property for the purpose of disposal of any solid or liquid
waste material and at least 10 cubic yards in size shall be shielded
on three sides by a fence, or similar barrier, so that the dumpster
is not visible from any Town or private roadway by passing vehicular
or pedestrian traffic. Only one entrance or access to the dumpster
will be permitted, with the other three sides sufficiently shielded
from view. The dumpster must be located on private property and not
on the public highway or on the Town's property.
Whenever the First Selectman or his/her designee determines that there has been a violation of any provision of this chapter, except as to § 280-3B, such officer shall give notice of such violation to the person responsible therefore, as hereinafter provided.
A.
Such notice shall:
(1)
Be in writing, sent by certified mail, return receipt
requested;
(2)
Set forth the violations of this chapter;
(3)
Specify a final date for the correction of any violation;
however, an extension of time may be granted by the enforcement officer;
(4)
Be served upon the owner or the owner's agent and
the occupant, provided that such notice shall be deemed to be properly
served upon such owner or agent, or upon such occupant, if a copy
thereof is posted in a conspicuous place in or about the dwelling
affected by this notice or if such person is served with such notice
by any other method authorized or required under the laws of this
state;
(5)
Contain an outline of remedial action which, if taken,
will effect permanent compliance with the provisions of this chapter;
and
(6)
State that the penalties and enforcement provisions
of this chapter will become effective on the final date set for the
correction of any violation.
B.
Any person notified in accordance with this section
who fails to correct any violation of this chapter by the date specified
in said notice shall be in violation of this chapter and subject to
its penalties and enforcement provisions.
C.
Notwithstanding the foregoing, the First Selectman
or his designee may elect to first provide informal verbal notice
to the owner or owner's agent and the occupant of the property in
an attempt to resolve the matter prior to formal written notice being
sent.
A.
Any person notified in accordance with § 280-2 above may appeal said notice of violation(s) to the Board of Selectmen within 15 days of the date of said notice. If an appeal is taken as aforesaid, the first day of violation shall be seven days after the decision of the Board of Selectmen or on such later date as established by the Board of Selectmen.
B.
The Town hereby specifically adopts the provisions
of C.G.S. § 7-152c for the establishment of an appeal and
citation hearing process for considering all appeals under this chapter.
B.
Enforcement.
(1)
The First Selectman, his/her designee, or any police
officer in the Town of Clinton is authorized to issue a citation for
a violation of this chapter.
(2)
In addition thereto, the First Selectman or his/her
designee is authorized to initiate legal proceedings in the Superior
Court for the immediate correction of the violation(s), collection
of any penalties, and the recovery of all costs, including costs of
remedial action(s) authorized by the Court and reasonable attorney
fees incurred by the Town to enforce this chapter.
(3)
All fines, Court costs, costs of remedial action,
and attorney fees, as ordered by the Court, shall constitute a lien
on the subject premises, provided that the owner of said premises
has been notified of the violation(s) as herein provided and was made
a party to the enforcement proceedings.
