[Adopted 7-11-2002]
There are instances in this community when persons place bulk
pick-up or refuse at the curbline many days in advance of the scheduled
pick-up day. The purpose of this article is to specify when bulk pick-up
or refuse may be placed at the curb and the containers to be used,
as well as to protect, preserve, and promote public health, safety,
and welfare.
For the purposes of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein:
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Any and all streets, highways and boulevards or other publicly
owned or controlled ways.
All putrescible and nonputresible solid wastes, including
garbage, rubbish, ashes, street cleanings, abandoned motor vehicles
and shopping carts.
Any container that is constructed of metal or other durable
material impervious to rodents and capable of being serviced without
mechanical assistance.
Nonputrescible solid waste consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard
and similar materials.
A.
No person shall deposit or place rubbish or refuse at any curbline
for pickup more than 48 hours before the Town's scheduled refuse/rubbish
pickup for the neighborhood. Refuse/Rubbish containers shall be removed
from any curbline no later than 24 hours after the refuse/rubbish
has been picked up.
B.
No person shall deposit/place items for heavy bulk pickup at any
curbline for heavy pickup more than one week (seven days) in advance
of a scheduled collection.
A.
Bulk storage containers which are used for the storage of garbage,
refuse, rubbish, litter and/or other waste material shall:
(1)
Be placed on paved surfaces which have proper drainage, and such
surfaces are to be maintained free of garbage, refuse, rubbish and
litter.
(2)
Be maintained in a clean and sanitary manner.
(3)
Be watertight, rodentproof, insectproof and structurally strong and
sound, and not allow leakage of their contents.
(4)
Be equipped with tight-fitting lids which shall be kept closed at
all times.
(5)
Have a capacity sufficient to meet the needs of the occupants of
each premises served thereby.
B.
All refuse containers used for the storage of garbage, refuse, rubbish,
litter and/or other waste material shall be:
C.
Plastic bags may be used as refuse container liners but shall not
be used for unprotected storage of garbage, refuse or rubbish out-of-doors
without being placed in a refuse or bulk container as defined by this
code. Plastic bags, not placed in a refuse or bulk container as defined
by this code, and containing garbage, refuse or rubbish, not including
leaves, grass clippings and hedge trimmings, which are outside of
any structure more than 24 hours prior to the collection day shall
be considered in violation of this section.
D.
All bulk containers and refuse containers shall be located and maintained
so as to:
(1)
Be placed in a location in back of the building line.
(2)
Be placed in a location which shall be as far away as practicable
from any adjacent dwelling unit.
(3)
Take all practicable measures, including, without limitation, cleaning
the containers in the surrounding areas and eliminating odors, to
minimize the noise and odor affecting the surrounding premises and
to prevent interference with the health and safety of the occupants
of the premises or of adjacent premises.
A.
It shall be the responsibility of each occupant residing in a one-,
two-, or three-family dwelling to provide bulk or refuse containers
for the sanitary and safe storage and disposal of rubbish, garbage
and litter.
B.
It shall be the responsibility of each owner of any building, structure
or dwelling arranged for four or more families to provide bulk or
refuse containers for the sanitary and safe storage of rubbish, garbage
and litter and to provide for the removal and legal disposal of such
rubbish, garbage and litter.
C.
Every occupant of a premises shall maintain, store and dispose of
all rubbish, garbage and litter in a clean, sanitary and safe manner
that shall prevent the spread of disease, the infestation of the structure
and premises and rodent and rat harborage, and shall dispose of such
rubbish, garbage and litter by placing it in the bulk containers of
refuse required by this code.
D.
The owner and every occupant of a premises shall be responsible for
closing and keeping closed all covers of bulk or refuse containers
required by this code.
E.
No owner or occupant of a premises shall store, place or allow to
accumulate any refuse, garbage, rubbish, litter or any other material
which may serve as food for rats, rodents or other pests or provide
harborage in or about any premises.
A.
The provisions in this article shall not be construed to prevent
the enforcement of other statutes, codes, ordinances or regulations
which prescribe standards other than those provided in this article.
B.
In any case where a provision of this article is found to be in conflict
with a provision of any zoning, building, fire, safety or health ordinance,
regulation or other code of the Town or state, the provision which
establishes the higher standard for the promotion and protection of
the health and safety, and property values of the people shall prevail.
C.
This article shall not affect violations of any other ordinances,
code or regulation existing prior to the effective date of this code,
and any such violations may be governed and continue to be punishable
under the provisions of those ordinances, codes, or regulations in
effect at the time the violation was committed.
The owner, lessee, or occupant of premises subject to this article,
including the agents thereof, shall be jointly and severally obligated
to comply with the provisions of this article. Whenever the person,
as herein defined, is a corporation or other legal entity, the officers
thereof shall be jointly and severally responsible with that corporation
or other legal entity.
A.
Complaints may be submitted to the First Selectman or his designee
by members of the public, but such complaints must be in writing and
signed on forms provided by the Town.
B.
Whenever the First Selectman or his designee determines that there
has been a violation of any provision of this article, such officer
shall give notice of such violation to the person responsible therefor,
as hereinafter provided. Such notice shall:
(1)
Be in writing;
(2)
Set forth the violations of this article;
(3)
Specify a final date for the correction of any violation;
(4)
Be served upon the owner or the owner's agent or the occupant
as the case may require; provided 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 the state;
(5)
Contain an outline of remedial action which, if taken, will effect
permanent compliance with the provisions of this article; and
(6)
State that the penalties and enforcement provisions of this article
will become effective on the final date set for the correction of
any violation.
C.
Any person notified in accordance with this section who fails to
correct any violation by the date specified in said notice shall be
in violation of this article and subject to its penalties and enforcement
procedures.
Any person notified in accordance with § 299-27 above may appeal said notice of violation(s) to the Housing Code of Appeals, in writing, within 10 days of the date of said notice.
B.
Enforcement.
(1)
The First Selectman, his designee, or any police officer in the Town
is authorized to issue a citation or summons for a violation of this
article.
(2)
In addition thereto, the First Selectman or his 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 attorneys fees incurred by the Town to
enforce this article.
(3)
All fines, court costs, costs of remedial action, and attorney's
fees as ordered by the Court shall constitute a lien on the subject
premises, provided the owner of said premises has been notified of
the violations as herein provided and was made a party to the enforcement
proceedings.
