[Rev. Ords. 1989, §§ 6-16, 9-17; Ord. No. 2015-01, January 5, 2015, § 6-16]
(a) It shall be unlawful for any person to deposit or discard or cause
to be deposited or discarded or carelessly transport any garbage,
refuse, waste or rubbish of any name or nature on or along any highway
or public roadway, and by public land, any beach or any part of the
shoreline except in appropriate closed containers or covered vehicles
or in such manner as to prevent the contents from blowing or falling
on or about the highway.
(b) It shall be unlawful for any person to throw, deposit, place, cast,
scatter or leave any litter, including cigarette and cigar butts,
in, about, or upon any public property or public waters in the town,
except in authorized public receptacles for collection.
(c) It shall be unlawful for any person to throw, deposit, place or leave
any household or commercial garbage or refuse in any public receptacle.
[Rev. Ords. 1989, § 6-17]
Whenever a complaint in writing is made to the health officer
by any person aggrieved that any privy vault, drain, sewer, sink or
sink gutter or any dirt, filth, offal, or animal or vegetable matter,
situated on the premises owned or occupied by any person, is calculated
to injure the health or by reason of noxious air annoys the neighborhood,
such health officer shall ascertain by personal examination that such
complaint is well founded; and in all other cases, without such complaint,
when from the health officer's own observation or inspection,
it shall be manifest that any such nuisance exists, it shall be the
duty of such health officer to cause the owner or occupant of such
premises to be notified in writing of the existence of such nuisance
or annoyance. He shall be directed forthwith to abate the nuisance.
If such nuisance or annoyance shall not be abated by such owner or
occupant within 48 hours after such notice shall be received, the
health officer, provided such nuisance or annoyance can be abated
for a sum not exceeding $10, shall be authorized to cause it to be
abated or removed at the expense of the owner or occupant.
[Rev. Ords. 1989, § 6-18]
The allowing of any building, sign, structure or any part thereof,
through abandonment, lack of use or proper maintenance and repair,
to deteriorate or become uninhabitable and unusable and the allowing
of debris, rubbish, trash, junked automobiles, tin cans, papers, filth,
and stagnant water to accumulate or a dense growth of trees, vines,
weeds, hedges, grass and other underbrush to develop on any land,
tract or parcel of land within the town to such an extent that it
constitutes a menace to life, property, the public health, the public
welfare or creates a fire hazard is hereby prohibited and declared
to be a public nuisance.
[Rev. Ords. 1989, § 6-19]
It is unlawful for any owner, lessee or occupant of any building,
sign, structure, tract or parcel of land in the town to permit any
building, sign or structure to deteriorate through lack of occupation,
use, maintenance and repair or to allow any debris, rubbish, trash,
junked automobiles, tin cans, papers, filth and stagnant water and/or
a dense growth of trees, vines, weeds, hedges, grass and other underbrush
to develop thereon to such an extent that it constitutes a menace
to life, property, public health, or the public welfare or creates
a fire hazard.
[Rev. Ords. 1989, § 6-20]
If the building official, the health officer, the director of
public welfare or such other officer appointed by the town council
to serve in a similar capacity finds that the buildings, signs, structures
or parts thereof have deteriorated through lack of use, vandalism
or failure on the part of the owner or lessee to occupy and/or properly
maintain and repair or that debris, rubbish, trash, junked automobiles,
tin cans, papers, filth and stagnant water has accumulated or a dense
growth of trees, vines, weeds, hedges, grass, and other underbrush
has developed on any lot, tract or parcel of land within the town
to such an extent that it constitutes a menace to life, property,
the public health or the public welfare or creates a fire hazard,
he shall cause the town clerk to issue a notice to the record owner
or lessee of such property. The notice shall state the condition complained
of and a demand that such owner or lessee cause such condition to
be remedied within a reasonable time. The notice shall be served by
any sheriff, deputy sheriff, chief of police, constable, police constable
or town sergeant by reading the same in the presence and hearing to
the owner, lessee, occupant or his authorized agent or by leaving
a copy of the order personally with or at the last and usual place
of abode of the owner, lessee, occupant or agent, if within this state.
If the premises are unoccupied or the residence of the owner, lessee
or agent is unknown or without the state, the notice may be served
by posting a certified copy of the same on the premises and by mailing
by certified or registered mail a certified copy of the notice to
the person or corporation to whom the premises were taxed by the most
recent tax assessment rolls and to the address appearing on the tax
rolls.
[Rev. Ords. 1989, § 6-21]
Within 20 days after the service of the notice as prescribed in §
6-20, the owner or lessee of the property shall have the right to have a hearing before the council to show that the condition does not exist or does not constitute a menace to life, property, the public health and the public welfare, or create a fire hazard, or why the condition should not be remedied by the town at the expense of the owner of the property. At the hearing, the town and the property owner may introduce such witnesses and evidence as deemed necessary by the council in hearing the matter.
[Rev. Ords. 1989, § 6-22]
If the condition described in the notice has not been remedied
within 20 days after service of the notice and a hearing is held by
the town council, after notice to the property owner of the decision
of the town council, the town council may cause the condition to be
remedied at the expense of the owner or lessee of the property. All
expenses incurred in remedying the condition shall constitute a lien
upon the premises and shall be paid by the owner, lessee, occupant
or person who caused or permitted the same to exist. If the expense
is not paid within a reasonable time, the costs may be recovered in
an action brought in the name of the town. Notice of such action by
the town shall be recorded in the land records for the town.
[Rev. Ords. 1989, § 6-23]
Any property owner, or lessee, shall have a right to have a hearing before the town council to show cause, if any, why the expenses and charges should not be collected against him. The finding by the officer that the condition described in §
6-19 exists shall be final. The finding of the council with reference to the property shall be final and conclusive.