[HISTORY: Adopted by the Mayor and Town Council of the Town
of Brentwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-2-1990 (Ch. 85, Art. I, of the 1986 Code)]
This article shall be known and may be cited as the "Brentwood
Clean Lot Ordinance."
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any putrescible animal and vegetable wastes resulting from
the handling, preparation, cooking and consumption of food.
Garbage, rubbish and refuse, as defined herein, and all other
waste material which creates or tends to create a danger to public
health, safety, welfare and property, but such term shall not mean
organic compost piles.
All solid waste consisting of both combustible waste (including
but not limited to paper, cardboard, wood, cloth and bedding material)
and noncombustible waste (including but not limited to metals, glass,
crockery, tin cans, junked household appliances, abandoned or wrecked
motor vehicles and any building and construction wastes).
The provisions of this article shall apply to any real property
within the Town.
No person shall allow litter to be deposited or to accumulate
either temporarily or permanently on his property. This section shall
not apply to those persons who temporarily store such litter in private
receptacles or in such other manner as may be permitted by Town regulations
for the collection of refuse, or under controlled conditions for industrial
processing, such as recycling (scrap metal, etc.); however, such storage
must be done with the permission of and in a manner prescribed by
the Town Council.
[Amended 6-3-2014 by Ord.
No. 2014-07]
A.
The Town
Administrator or Code Enforcement Officer is hereby authorized to
notify, in writing, the owner or the person responsible for the maintenance
of the property to remove or properly dispose of the litter from the
subject property. Such notice shall be sent by regular mail and by
certified mail and addressed to such owner or responsible person at
the last known address shown on the real property tax records of the
Town or county. Such notice shall identify the specific violation(s)
of the Town's Code of Ordinances and include a cost estimate,
as determined by the Town Administrator or Code Enforcement Officer,
for the removal and/or disposal of the litter in the event that the
Town incurs expenses to remove such litter due to the failure of the
owner or responsible person to comply with the notice to remove.
B.
Cost estimate. The Town Administrator or Code Enforcement Officer
shall have the authority to prepare a cost estimate to provide the
owner or responsible person upon notification of the notice to remove.
The cost estimate shall include all reasonable costs for removal and
disposal of litter found on the property(ies) to be abated to reflect:
(1)
The time and labor expense of the Town's Maintenance Department
staff involved in the removal and disposal of the litter. The time
and labor expense shall commence on the date of the removal of the
litter as specified in the notice of removal;
(2)
The time and labor expense of the Code Enforcement Officer staff
involved in the supervision of the Maintenance Department during the
removal of the litter from the property(ies);
(3)
The dumpster rental costs, tipping and all other fees associated
with storage and safe disposal of the litter; and
(4)
An impoundment fee of no greater than $25 per calendar day for any
litter stored by the Town, until such time as the owner or responsible
person reclaims the litter removed from the property(ies) or gives
the Town notification that he relinquishes all rights to the litter.
(5)
The cost estimate provided under § 143-5 is a nonbinding and initial estimate for the removal, storage and disposal of the litter, based on the visual assessment of the maintenance and code enforcement staff, and is subject to change based on the actual costs for removal, storage, and disposal of the litter. The owner or responsible person will be billed for actual costs.
(6)
After 30 calendar days from the date of the removal of the litter
from the property(ies), any litter remaining or unclaimed shall become
the property of the Town and will be disposed of in an appropriate
manner.
[Amended 11-21-2005 by Ord. No. 2005-5]
Upon the failure, neglect or refusal of any owner or responsible person so notified to properly dispose of litter within 15 business days after receipt of written notice provided for in § 143-5 or within 15 business days after the date of such notice in the event that the same is returned to the post office because of its inability to make delivery thereof, the Town Administrator is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Town. When the litter is removed, the items removed from the property will be generally described, in writing, on a document to be maintained in the Town offices. The document will identify the property address, the name(s) of the person(s) who removed the litter and the location to which the litter was removed. After the Town has effected the removal of such litter, a bill for the actual cost thereof and any related expenses shall be mailed to the owner or responsible party in the manner described in § 143-5. The owner or responsible party shall be notified that failure to pay shall result in charges being included in the next regular tax bill.
[Amended 6-3-2014 by Ord.
No. 2014-07]
When the Town has effected the removal of such litter or has paid for its removal, the actual cost thereof under § 143-6 and any related expenses shall be charged to the property owner or responsible person, and the Town may bring legal action to recover said costs. If the bill referenced in § 143-6A is not paid within 30 calendar days, the owner or responsible party shall be assessed a penalty equivalent to 1/2 the total costs for removal, storage, and disposal of the litter and notified in the manner described in § 143-5 of the assessed penalty and that the Town is initiating steps to charge the owner of such property for all charges on the next regular tax bill. If the bill referenced in § 143-6A is not paid within 60 calendar days, the Treasurer shall take all necessary steps to charge all outstanding costs and any additional penalties incurred to the owner of such property on the next regular tax bill forwarded to such owner by the Town, and such charges shall be due and payable by such owner at the time of payment of such bill.
Where the full amount due the Town is not paid by such owner
within 30 days after the disposal of such litter, then the Town Administrator
shall cause to be recorded in the office of the Treasurer for the
Town a sworn statement showing the cost and expense incurred for the
work, date the work was done and the location of the property on which
such work was done.
[Amended 11-21-2005 by Ord. No. 2005-5]
Within five business days from the mailing of the notice referred to in § 143-5, the owner or responsible person may file a protest with the Town Council, stating in detail the reasons as to why the actions proposed by the Town Administrator or Code Enforcement Officer should not be taken. Upon receipt of such protest, the Town Council shall put the cause on its agenda at its earliest convenience, notify the protestant thereof and hear the merits of the protests. The Town Council may reverse the action of the Town Administrator or 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.
[Added 6-3-2014 by Ord.
No. 2014-07[1]]
The Town assumes no liability and shall not be legally responsible
in any way for any damages or loss of any kind to persons or property
in undertaking the performance of any work the owner is obligated
to perform under this chapter. The owner shall be solely responsible
for any and all damages to persons or property that might arise from
any work performed by the Town due to the inaction of the owner or
responsible person.
[Adopted 11-17-2003 by Ord. No. 2003-2 (Ch. 84, Art. I, of
the 1986 Code)]
The provisions in force and effect in the State of Maryland
concerning littering contained in the Litter Control Law in § 10-110
of the Criminal Law Article of the Annotated Code of Maryland are
hereby adopted to be the litter control regulations for the Town of
Brentwood.
It shall be unlawful for any person to burn any litter, trash,
leaves or debris in any street or on any public or private property
or public or private place within the Town.
