[HISTORY: Approved 10-17-1979, effective 11-17-1979; amended in its entirety 7-20-2011 by Ord. No. 07-11,
effective 8-19-2011. Subsequent amendments noted where applicable.]
The purpose of this Article is to set forth appropriate standards
and establish specific requirements to be adhered to by property owners
and tenants in maintaining their dwellings and properties at a reasonable
standard and that they be kept free from vermin and rodent infestation,
that dwellings be kept in such repair as to be fit for human habitation,
and to provide for the control of weeds on vacant lots and properties
within the Town limits; in addition, to granting the Mayor and Town
Council or their designee with authority to issue orders compelling
compliance with the provisions hereof, and to correct such conditions
at the expense of the property occupants or owners of properties upon
which violations occur. The intent of this Article is to require that
all dwellings, properties and vacant areas be kept clean and free
from accumulated litter, refuse or other nuisances and that the collection
of trash, garbage and recycling be done in an efficient, lawful and
sanitary manner.
A.
Every dwelling
lot or vacant area within the Town Limits, and every part thereof,
shall be kept clean, presentable and free from any accumulation of
litter, discarded appliances, dismantled and inoperative vehicles,
water craft, motor cycles, construction debris (e.g., scrap wood,
plumbing accessories, dry wall, broken-up concrete, etc.), automobile
parts and chemicals (e.g., engine blocks, fenders, bumpers, used and/or
drained motor oil or transmission fluid, etc.), rubbish, discarded
furniture, garbage and similar matter as not to be a danger to the
health of any occupant thereof, or hazard to the adjoining property
thereto, and shall be kept free from vermin and rodent infestation.
It shall be the duty and responsibility of each occupant or owner
of a dwelling unit, lot or vacant area to remove dead or dying trees
or dying limbs, except those planted by the Town, by reason of rotting,
deteriorating condition or storm damage which constitutes a hazard
to persons or property in the vicinity. These conditions will not
be allowed to exist or accumulate on any private property or property
adjoining any streets, alleys or lanes in the Town.
B.
All yards,
lawns, lots and vacant areas immediately adjacent to improved property
shall be kept covered with sufficient ground cover, such as grass,
and in addition, it shall be kept clean and free from weeds and brush
exceeding eight inches in height. It shall be the duty of each lessee,
occupant or owner of a dwelling unit, lot, parcel or vacant area,
to keep, in a clean and properly maintained condition the portion
of the property which he or she occupies or over which he has exclusive
control, and the unimproved portion of the public right-of-way immediately
abutting said property. If the lessee, occupant or owner shall fail
to keep his portion of the property clean or maintained as above provided,
the Mayor and Town Council or its designee may send a written notice
to such occupant or owner requesting him to remedy such condition
within the time specified in said notice, said time not to be less
than three days.
C.
Upon failure
of the owner of unimproved or vacant property to comply with such
notice, the Town, through its officers and agents, shall have the
power to enter upon the premises and cause such conditions to be abated
pursuant to Section 33-20(b)(49) of the Town Charter. The cost incurred
by the Town may be recovered in the manner prescribed in said Charter
Section 33-20(b).
A.
Littering.
(1)
Public property. It shall be unlawful for any person to keep exposed
or to deposit, throw or place, cause to be deposited, thrown or placed,
or to allow to accumulate any garbage or trash in any avenue, street,
alley or public place within the corporate limits of the Town, unless
the same shall be enclosed in proper vessels or containers as herein
provided. The word "garbage" in this article is defined and shall
be held to mean the refuse of any animal and vegetable food-stuffs,
bottles, cans, and packages containing particles thereof. The word
"trash" in this article is defined and shall be held to mean all refuse
not within the definition of "garbage" including other empty cans,
bottles, and paper products.
(2)
Private property. It shall be unlawful for any person to keep exposed or to deposit, throw or place, cause to be deposited thrown or placed, or to allow to accumulate any garbage or trash upon any private property, commercial or otherwise, whether owned by such person or not, except within the proper vessels or containers as herein provided. The word "garbage" and the word "trash" are defined in Section 11.3A(1).
(3)
Compost piles. Nothing in this subsection shall be interpreted to
prohibit private compost piles maintained in a manner to control and
prevent rodent infestation and obnoxious odors.
B.
Trash and garbage receptacles.
(1)
Public trash receptacles. It shall be unlawful for any person or
persons to take and carry away, or willfully break, damage or destroy
any containers or other receptacles maintained by the Town upon any
street or alley in the Town for the reception of paper, fifth, or
waste matter. Such receptacles shall not be used for the reception
of waste material from commercial establishments or residential homes.
(2)
Commercial trash and garbage receptacles. Proprietors of boardinghouses,
restaurants, stores, and other commercial properties where trash and
garbage is accumulated, or owners and agents of such places shall
provide for the use of such premises a suitable mechanical disposal
system approved by the local health officer, or, a receptacle or receptacles
to contain all garbage or trash which may be accumulated on said premises
during the interval between the collection of garbage or trash there
from. Such receptacles shall be kept in good repair at all times.
Each such receptacle shall be made of durable material, watertight,
provided with a tight cover and shall be so constructed such that
the contents can be removed easily by the waste collectors contracted
by the commercial establishment.
(3)
Noncommercial Trash and Garbage Receptacles - Receptacles for noncommercial
dwellings (i.e., private homes) containing "garbage" shall be leakproof
and shall be kept securely covered at all times. Garbage shall not
be placed in plastic bags or other containers which can be opened
by animals. Receptacles containing "trash" or other wastes must be
securely closed to prevent the contents from littering the area. These
receptacles must be of such size and girth that they can be easily
handled by the Town’s contracted refuse collectors and as otherwise
prescribed by the Town Council pursuant to the applicable municipal
solid waste removal contract. It shall be unlawful to use containers
other than those prescribed by Council in said contract or resolution.
C.
Trash and
garbage collection.
(1)
Regular
collection. Garbage and trash receptacles shall be placed within two
feet of the curbline on the regularly scheduled collection day or
days per week or the day after a holiday, if the holiday fell on a
collection day; however, these scheduled collection days may change
annually depending on the Town’s and the refuse contractor’s
negotiations prior to signing a contract. The Town shall give notice
of the designated collection dates in the Town newsletter prior to
any change thereto.
(2)
Bulky
trash collection. Bulky trash will be collected one day a week. Bulky
trash is considered to be non-metal items and discarded furniture
only, and must be placed in the same location as the trash receptacle
would typically be placed on the eve of the scheduled bulky trash
collection day. Water heaters and inoperative appliances will no longer
be picked up by the refuse contractor. Occupants will be responsible
for disposing of said items. Occupants are responsible for disposing
of automobile motors and parts, fallen trees, cinder blocks, concrete,
building materials, and motorcycles, and the like.
(3)
Placing
receptacles and bulky trash. No garbage, trash receptacles or bulky
refuse shall be permitted to be placed at curbside prior to sunset
on the evening prior to the designated collection day, and the empty
receptacles shall be removed prior to sunrise the day following the
scheduled collection day.
(4)
Yard
refuse. Bundled brush (i.e., length not to exceed four feet), bagged
leaves and grass clippings shall be picked up only on designated days
once per week.
(5)
Service
charge. When it becomes necessary for the Town employees to pick up
any appliance item there will be a charge of $35 per item. These items
must be located at curbside for pickup. Appliances are considered
to be all of the following: water heaters, washers, dryers, stoves,
refrigerators, freezers and electronic equipment. Occupants are also
responsible for disposing of these following items: automobile parts,
bicycles, sheds, exercise equipment, motorcycles, fallen trees, metal
items, and all types of building supplies. The charge for pickup of
rimless tires shall be $4, or with rim the charge shall be $6.
A.
The Town
of Forest Heights shall participate in the Prince George’s County
residential recycling program and shall be subject to the Prince George’s
County recycling regulations. Should any provision of this section
conflict with the Prince George’s County Recycling Regulations
or the Prince George’s County Code of Ordinances, said Regulations
and Code shall apply.
B.
Except for
qualifying households having all occupants above age 65 or disabled,
a resident or tenant customer shall place a yellow bin or wheeled
cart within two feet of the curbline on a regularly scheduled pickup
day by 6:30 a.m.
C.
The wheeled
cart shall be placed with the arrow on the lid and the lift bar facing
the street, and when placing the cart on the street nothing shall
be placed in front of or beside the cart in such a manner as to obstruct
its access by the contractor.
D.
Items that
may be placed in the yellow recycling bins or carts are as enumerated
in the Prince George’s County Recycling Regulations which include
but are not limited to: glass food and beverage containers; certain
metals; empty aerosol cans; aluminum, bimetal, ferrous, and steel
food and beverage containers; aluminum foil; coat hangers; mixed paper,
corrugated cardboard, magazines, newspapers, books; certain plastics,
narrow-neck plastic containers with code identification numbers 1
through 7, and wide-mouth plastic containers.
E.
The recycling
containers (i.e., yellow bin or cart) shall be removed prior to sun
up the following day.
F.
Subject
to the Prince George’s County Recycling Regulations, recyclables
shall not be collected on Memorial Day, Independence Day, Labor Day,
Thanksgiving Day or Christmas Day, and recycling collection shall
resume on the next regularly scheduled collection day.
G.
A wheeled
recycling cart issued to a customer shall remain the property of Prince
George’s County.
[Amended 8-4-2014 by Ord. No. 09-14]
A.
Payment
of the municipal solid waste service charge by each residential home
or property owner receiving or served by the Town’s refuse disposal
system pursuant to this Article and Title 9, Subtitle 7 of the Environment
Article of the Annotated Code of Maryland shall be billed on behalf
of the Town and made payable directly by the property owner to Prince
George’s County by way of the consolidated tax bill issued for
each fiscal year. The Council shall establish or levy the municipal
solid waste service fee each year concurrent with or before the deadline
of the annual levy of real property or other tax rates. Unpaid fees
or charges made pursuant to this Article shall be deemed a lien on
the serviced or subject property collectable in the same manner as
real property taxes.
B.
The contractor
shall initially supply each occupied dwelling unit with a cart or
bin (i.e., ninety-five-gallon) without cost to the Town or the customer.
The contractor or the Town shall as permitted by contract or resolution
replace or supply additional carts (i.e., ninety-five-gallon) to any
residents requesting said carts or bins for service to a dwelling.
Unless the applicable contract or a resolution states otherwise, the
contractor or the Town may charge a reasonable delivery fee not to
exceed $15 in addition to a fee of $60 for the cost of an additional
cart. This fee shall be added to the contractor’s or Town’s
invoice to be sent to the property owner or designated occupant. The
fees stated in this Article are subject to change pursuant to the
applicable contract or resolution of the Town Council.
C.
The status
or condition of any residential property’s occupancy, use or
ownership, whether rented, vacant, occupied, temporarily vacant, undergoing
foreclosure, or pending sale, shall not relieve the record owner of
liability for the Town’s annual solid waste service charges.
D.
The Treasurer,
with the cooperation of the Public Works Director or the Mayor’s
designee, shall annually review and certify to the Council the assessment
of all properties in the Town thereby classified as being served by
the Town’s refuse disposal system and subject to billing pursuant
to this section.
Any person violating the provisions of the Article shall be
guilty of an, infraction and shall, upon conviction, be fined not
more than $200 for the first offense. Repeat offenders may be assessed
a fine not to exceed $400 for each repeat offense.
