[HISTORY: Adopted by the Town of Clinton 8-23-2006. Amendments noted where applicable.]
Solid waste — See Ch. 447.
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.
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.
Such notice shall:
Be in writing, sent by certified mail, return receipt requested;
Set forth the violations of this chapter;
Specify a final date for the correction of any violation; however, an extension of time may be granted by the enforcement officer;
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;
Contain an outline of remedial action which, if taken, will effect permanent compliance with the provisions of this chapter; and
State that the penalties and enforcement provisions of this chapter will become effective on the final date set for the correction of any violation.
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.
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.
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.
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.
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.
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.
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.