City of Hyattsville, MD Refuse Collection and Enclosure

In order to effectuate the collection, conveyance and disposal of refuse, each property owner, agent or manager of multifamily units shall furnish such special refuse containers and provide for the collection thereof.

(1)

All special refuse containers (except those temporarily placed on property due to construction, renovation or rehabilitation) shall be enclosed. The special refuse containers with enclosures, must be placed to the rear of the property and located so that they are at least 50 feet from any residential property line. The enclosure shall be: a brick masonry wall or a stockade-type fence constructed out of painted or treated wood, or a chain link fence constructed with inter-woven vinyl slats which make the enclosure sight-tight, as well as landscaping designed to effectively screen the special refuse container(s) from street-level view year round, or other such materials as may be approved by the City. Gates are required and shall remain closed at all times whenever the special refuse containers are not being loaded or unloaded.

(2)

In the event it is not possible to conform to the above fifty foot requirement the container shall be located as far as possible from the property line and from any neighboring residential structure in a location acceptable to the City.

(3)

Any decision of the City as to the nonconforming location shall be based upon consideration of the following factors:

(a)

The hardship to the property owner/tenant.

(b)

The interest of the public, particularly nearby residents.

(c)

The degree of variance from the City standard.

(d)

The accessibility of the location for all intended users as well as for removal of refuse.

(e)

Any applicable law or regulation of any governmental entity.

(4)

The nonconforming location of any refuse container shall be delineated on a site map. The City may order a change in the nonconforming location based upon compelling reasons that the location is not in the public interest.

(5)

On July 1, 2007 all existing refuse containers must conform to this ordinance as to distance from residential property lines unless the owner/tenant has a pending appeal as outlined below, a final decision of the City allowing the location, or is covered in Subsection E immediately below.

(6)

Refuse containers which on the effective date of this ordinance are located 50 feet or more from any residential structure on a neighboring lot (but less than 50 feet from a residential property line) shall be exempt from the distance requirement in Subsection B(2) until such time as the refuse container or surrounding structure is rebuilt or substantially reconstructed.

No special refuse container may be emptied into a collection vehicle by being rolled over a public sidewalk that is not part of an established driveway leading to the property being served by the special refuse container.

Violation of this section shall be punishable as a municipal infraction as provided in Chapter 20 of this Code. The fine for any single violation shall be $250, and the fine for each repeat offense shall be $500.

Appeals.

(1)

Any person aggrieved by any action of the City under this article except for the issuance of a municipal infraction citation, may appeal such action by filing a written notice thereof with the Head of Code Enforcement within 10 days of the action complained of. The Head of Code Enforcement or the Head of Code Enforcement's designee shall promptly schedule a conference with the appellant and any other person the Head of Code Enforcement may choose. After such conference the Head of Code Enforcement shall promptly issue a written opinion to the appellant. The decision shall be based upon the factors in Subsection B(3) above.

(2)

In the event the appellant is dissatisfied with the opinion of the Head of Code Enforcement the appellant may further appeal the finding of the Head of Code Enforcement to the City Administrator by filing a written appeal. Any such appeal must be filed with the City Administrator within 10 calendar days of the written opinion of the Head of Code Enforcement.

(3)

Any appeal, whether to the Head of Code Enforcement or to the City Administrator, shall not operate to stay any of the provisions or requirements of this chapter unless the Head of Code Enforcement or City Administrator shall otherwise order.

(4)

The City Administrator or the City Administrator's designee shall conduct a hearing as soon as possible. The hearing shall be open to the public and records and minutes shall be maintained and the person aggrieved and the code enforcement department shall be given an opportunity to present evidence.

(5)

The City Administrator or Hearing Officer shall within 10 days either reverse modify or affirm the action complained of and cause a written copy of the decision to be sent to the person aggrieved. Any decision shall be based upon the factors outlined in Subsection B(3) above. This decision shall be final.