[Adopted as Ch. 5, Art. III, of the 2001 Code]
Weeds of any kind including brush or similar matter - grass used for lawns or grass in its wild state. Rubbish and household garbage. Littering to allow any material to be deposited upon the streets and sidewalks; cover, type used to cover loads of trash.
The object of this article is to keep all improved and unimproved properties in the Town of Preston, whether residential, business, industrial or public, free of high grass, weeds, rubbish and debris, and to prevent littering of any kind. This article provides the means to enforce upon the owners or users (renters) of property in Preston, whether improved or not, to keep same free of high weeds and grass and rubbish and household garbage and to keep the roadways, alleys, streets, parking lots and playgrounds free of litter and to set the penalties for failure to comply with this article.
[Amended 6-27-2011 by Ord. No. 52611]
Every dwelling lot, vacant lot or area, or business area within the Town of Preston and every part thereof shall be kept so clean and free from any accumulation of dirt, filth, rubbish, trash, garbage, brush, weeds, or similar matter as not to be a danger to the health of any occupant thereof or hazard to the adjoining property thereto or to the Town itself, and shall be kept free from vermin and rodent infestation. All yards, lawns, lots improved and unimproved and vacant areas immediately adjacent to improved property shall be kept clean and free from weeds and brush exceeding eight inches in height. It shall be the duty of each occupant or owner of a dwelling unit, lot or vacant area to keep in a clean condition that portion of the property which he occupies or over which he has exclusive control. If the occupant or owner fails to comply with this section, the Town, after notice of not less than three days, will correct the problem by hiring a contractor to perform the cutting or removal and shall charge the owner for same. The charge shall become a lien upon the property, collected in the same manner as taxes or by an action at law. Notice shall be by first-class mail, postage prepaid, to the owner at the address given in the tax rolls, or to the property address, if different, or by personal delivery to the owner or occupant, or by posting the notice on the entrance facing the public way given in the address.
A. 
Dirt and trash on roadways and alleys.
(1) 
No person engaged in excavations, repairs to structures or grounds, or construction or having charge or control of excavation, repairs to structures or grounds or construction or who may be engaged in or have charge or control of conveying material to or from excavations, repairs to structures or grounds, or construction shall deposit, or permit to be deposited, in any manner, upon the surface of any street, alley, avenue, highway, footway, sidewalk, or parking or other public space within the corporate limits of the Town of Preston, either by placing, spilling, dropping or tracking from wheels or vehicles, or otherwise, any earth, clay, mud, sand, gravel or other material. If any such deposit occurs every person whose duty it is under this article to prevent such deposit shall promptly remove the same. All macadamized or broken stone roadways adjacent to excavations or traversed by vehicles either in the process of conveying material from an excavation or in returning from the place of deposit to the place of excavation shall be covered with planking so far as may be required to prevent any mud, earth, clay or other material from the excavation or from the place of deposit from reaching the surface of such roadway.
(2) 
No one being the owner, driver, manager, or conductor of any cart or other vehicle shall carry or convey or cause to be carried or conveyed in such vehicle any earth, sand, gravel, broken stone, dirt, paper, and other rubbish, or any loose fluid or offensive articles or matter, or any articles whatsoever within the corporate limits of said Town of Preston so that the same shall or may be scattered, dropped, let fall, blown, or spilled therefrom, and all vehicles conveying combustible refuse or foul, dusty, or offensive matter of any sort shall have tight bodies and be closely and securely covered. All vehicles conveying wastepaper products, bailed, sacked, or otherwise, shall be closely and securely covered.
B. 
Throwing glass, refuse, etc., upon the streets and alleys. It shall be unlawful for any person to cast or throw into any street, alley, avenue, highway, or on the beach or in the bay any glass, bottles, glassware, crockery, porcelain, or other similar substances, or pieces thereof, or any pieces of iron, hardware or sharp metal, nails, tacks, or other articles, or any waste paper, trash, rubbish, garbage, or refuse of any kind.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[Amended 10-25-2010 by Ord. No. 1010-2]
Whenever the Town has effected the cutting or removal described in this article, or has paid for its removal pursuant to the provisions of this article, the property owner shall be charged for the work performed at a rate set by the Commissioners, said rate to include the cost of actual labor, use of equipment and administrative costs by the Town, with interest at the rate of 18% per annum accruing beginning 30 days after first billing. If not paid by the owner or occupier of the property, said amounts shall be charged to the owner on the next regular tax bill by the Town and shall be collectable therewith, unless paid earlier by the owner or occupier. The charges shall be a lien against the real estate upon which the work was performed and shall be a lien upon such real estate. There will be an administrative fee of $200 charged to the property owner along with any other related expenses.