[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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
No person shall throw, place or deposit litter on any
private property within the town whether owned by such person or not.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.