The purpose of this chapter is to promote the health, safety, and/or welfare of the public by providing minimum standards for the operation of unattended donation/collection boxes (UDCBs). This includes establishing criteria to ensure that material is not allowed to accumulate outside of the UDCBs, the UDCBs remain free of blight and nuisance conditions, UDCBs are maintained in sanitary conditions, and residents and/or users are fully informed of those who operate the UDCBs so that they can be contacted if there are any blight- or nuisance-related questions or concerns.
Failure to comply with any of the provisions of this chapter shall be a violation of this chapter and shall be declared a public nuisance. Any person in violation will be subject to the penalties and abatement provisions set forth herein.
The parcel owner and the UDCB operator have joint and several liability for compliance with this chapter, including the fees, penalties, and abatement provisions of this chapter. The parcel owner remains liable for any violation of duties imposed by this chapter even if the parcel owner has, by agreement, imposed on the UDCB operator the duty of complying with the provisions of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY ACTIVITY
An activity that is incidental to, and customarily associated with, a specified principal activity.
AGENT
A person who is authorized by the parcel owner to act on their behalf to be the applicant for a UDCB permit. To be considered an agent, a person must be given express written authorization from the parcel owner on a form provided by the Borough to apply specifically for a UDCB permit. For the purpose of this chapter, a person who is only given general authorization to act on the behalf of a parcel owner for various activities and transactions in regards to a property is not considered an agent.
BOROUGH MANAGER
The Borough Manager of the Borough of New Britain or his/her designee(s).
BUILDING CODE OFFICIAL
The Building Code Official of the Borough of New Britain and his or her designee(s).
DONATED/COLLECTED MATERIAL
Salvageable personal property, such as clothing and books and household items, that is collected for periodic transport off-site for processing or redistribution, or both.
PARCEL OWNER or PROPERTY OWNER
The owner of real property on which a UDCB is or is proposed to be placed.
PRINCIPAL ACTIVITY
An activity that fulfills a primary function of an establishment, institution, household, or other entity.
PRINCIPAL BUILDING
A main building that is occupied by a principal activity.
UDCB OPERATOR or OPERATOR
A person or entity who utilizes or maintains a UDCB to solicit donations/collections of salvageable personal property.
UDCB PERMIT
The Borough of New Britain's annually renewable permit required to place, operate, maintain, or allow a UDCB within the Borough of New Britain.
UNATTENDED DONATION/COLLECTION BOXES or UDCBs
Unstaffed drop-off boxes, containers, receptacles, or similar facility that accept textiles, shoes, books and/or other salvageable personal property items to be used by the operator for distribution, resale, or recycling.
UNPERMITTED UDCB
A UDCB established either without a UDCB permit or with a UDCB permit that was issued in error or on the basis of incorrect or incomplete information supplied, or in violation of any law, ordinance, rule, or regulation.