[HISTORY: Adopted by the Town Board of the Town of Blooming Grove 5-11-1987 by L.L. No. 5-1987 (Ch. 70 of the 1970 Code). Amendments noted where applicable.]
The purpose of this chapter is to require persons to refrain from certain acts and to require owners of property to perform work or do acts on such property in the interest of public safety, health, comfort and general welfare and, upon the failure of such owner to perform the work or act required, to allow the Town Board to cause the work or act to be done and assess, levy and collect the cost against such property.
As used in this chapter, the following terms shall have the meanings indicated:
- Garbage, refuse and rubbish and all other waste material.
No person shall throw, place or deposit litter in or upon any highway, roadway or sidewalk or other public place within the town except in public receptacles or in authorized private receptacles for collection.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent the litter from being carried or deposited by the elements or other foreseeable causes upon any street, sidewalk or other public place.
No person shall sweep, place or deposit in any gutter, highway, roadway or other public place within the town, any litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk and/or highway right-of-way in front of their premises free of litter.
No person while a driver or passenger in a vehicle shall throw or deposit litter upon any highway, roadway or other public place within the town.
No person shall drive or move any truck or other vehicle within the town unless such vehicle is constructed, required or provides so as to prevent any litter from being blown or deposited upon any highway, roadway or other public place; nor shall any person drive or move any vehicle or truck within the town, the wheels or tires of which carry onto or deposit in any highway or other place mud, dirt, sticky substances or foreign matter of any kind.
No person shall throw, place or deposit litter on any private property within the town whether owned by such person or not.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
Notice to remove. The Building Inspector or his authorized representative is hereby authorized and empowered to notify the owner of any property within the town, or the agent of such owner, to properly dispose of litter located on such owner's property. Such notice shall be served in person or by certified mail, addressed to the owner at his last known address as shown on the records of the Town Assessor.
Right to hearing. A property owner upon whom notice to remove has been served may request a hearing before the Town Board to show cause why such owner need not comply with the notice to remove. Such request shall be in writing and served personally or by certified mail upon the Town Clerk during the time provided for compliance.
Action upon noncompliance. The Highway Superintendent or any other person authorized by the Town Board may, 10 days after personal service of such notice or 15 days after service by certified mail, cause the disposal of such litter and shall submit a sworn statement of the cost and expense of doing said work to the Town Clerk. The minimum charge shall be $50.
Charges to be assessed, levied and collected. The full cost of disposal of such litter, including the costs of proceedings pursuant hereto, shall, unless promptly paid by the owner, be assessed against such property, included in the levy and collected in the manner provided for town assessments and taxes.
An owner of property may recover in a civil action, the cost of removal of litter from any person who threw, placed or deposited litter on such property, together with reasonable attorneys fees for such recovery.
Any person violating any of the provisions of this chapter shall be deemed guilty of an offense and, upon conviction thereof, shall be fined in an amount not exceeding $1,000. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder; said individual shall also be subject to imprisonment for up to 15 days.