This chapter shall be known and may be cited as the "Mathews
County Litter Control and Public Nuisance Ordinance."
It shall be unlawful for any person to trespass on the rights
of another through the neglect of property by causing or allowing
unsightly litter or foul odor to remain on or emanate from the property
or to discard, abandon or cause such on public property or others'
private property.
For the purpose of this chapter, the following words and terms
are defined. The word "shall" is always mandatory and not merely directory.
DERELICT BUILDING
A residential or nonresidential building or structure, whether
or not construction has been completed, that might endanger the public's
health, safety, or welfare and for a continuous period in excess of
six months, it has been:
B.
Boarded up in accordance with the building code, and
C.
Not lawfully connected to electric service from a utility service
provider or not lawfully connected to any required water or sewer
service from a utility service provider.
LITTER
All waste material, including but not limited to disposable
packages or containers but not including the wastes of the primary
processes of mining, logging, sawmilling, farming, fishing, or manufacturing.
LITTER RECEPTACLE
Those containers, suitable for the depositing of litter,
between 20 and 60 gallons in capacity, with a tight lid or cover.
PERSON
Any natural person, corporation, partnership, association,
firm, receiver, guardian, trustee, executor, administrator, fiduciary,
or representative or group of individuals or entities of any kind.
PUBLIC NUISANCE
Any:
A.
Building, wall, or other structure whose condition might endanger
the public health or safety of other residents of Mathews County;
B.
Vessel that has been abandoned, or any wharf, pier, piling,
bulkhead or any other structure or vessel that might endanger the
public health or safety of other persons, or which might constitute
an obstruction or hazard to the lawful use of the waters within or
adjoining Mathews County; or
C.
Trash, garbage, refuse, litter or other substances which might
endanger the health and safety of other residents of Mathews County.
PUBLIC PLACE
Any area that is used or held out for use by the public,
whether owned or operated by public or private interests.
REASONABLE NOTICE
Reasonable notice required by this chapter shall include
written notice:
A.
Mailed by certified or registered mail, return receipt requested,
sent to the last known address of any known property owner; and
B.
Published once a week for two successive weeks in a newspaper
having general circulation in Mathews County.
VEHICLE
Includes every device capable of being moved upon a public
highway and in, upon, or by which any person or property may be transported
or drawn upon a public highway, except devices moved by human power
or used exclusively upon stationary rails or tracks.
WATERCRAFT
Any boat, ship, vessel, barge, or other floating craft.
It shall be unlawful for any person to throw or deposit litter
in or upon any public or private property whatsoever within Mathews
County, including any street, sidewalk, park, body of water, or vacant
or occupied lot, except in public receptacles, in authorized private
receptacles for collection or in official County dumps, as specified
in this chapter.
It shall be the responsibility of the owner, manager, occupant,
lessee, or other person responsible for any property or place of business
to maintain in good condition and to regularly empty litter receptacles
on such property for the disposal of litter by persons employed at
or frequenting such property or place of business.
It shall be unlawful for any person to sweep into or deposit
in any gutter, street, or other public place within Mathews County
any accumulation of litter from any building or lot, or from any public
or private sidewalk or driveway. The owner, manager, occupant, lessee,
or other person responsible for any property or place of business
within Mathews County shall maintain his/her property in a clean and
litter-free manner, including sidewalks, grass strips, parking areas,
alleys or rights-of-way.
It shall be unlawful for any person to operate any vehicle upon
any public street, highway, lane, alley or other thoroughfare in Mathews
County unless the cargo is in containers or covered by a tarpaulin
in such a manner as to prevent any part of its contents from falling
or being scattered upon any such street, highway, lane, alley or other
thoroughfare in Mathews County.
It shall be the responsibility of the property owners and the
prime contractor in charge of any construction site to provide litter
containers for construction and worker litter. All litter from construction
activities or any related activities shall be containerized, and all
litter will be picked up and placed in containers at the end of each
workday.
It shall be unlawful to cast, throw or dump solid waste into
any of the waters of this county. When a violation of this provision
occurs and the material has been ejected from a boat, the owner or
operator of such boat shall be presumed to be the person ejecting
such material. Such presumption may be rebutted by competent evidence.
It shall be unlawful for any person to dispose of household garbage by placing it in litter receptacles which have been properly placed in accordance with §
86-6, Litter receptacles. This section shall not be construed to mean that wastes of food consumed on the premises at any public place may not be deposited in litter receptacles.
Upon making a determination that a public nuisance exists, the
County Administrator may provide reasonable notice requiring any known
property owner to abate the public nuisance. In the case of a structure
that is deemed to pose a significant threat to public safety, such
notice may state such fact and advise that the County Administrator
may take action to prevent unauthorized access to the structure within
seven days of either return of the receipt or newspaper publication
of the reasonable notice.
If the property owner fails within 30 days after the return
of the receipt or the date of the newspaper publication of the reasonable
notice to either abate a public nuisance, or to provide evidence satisfactory
to the County Administrator that there is no public nuisance referenced
in the reasonable notice, the County Administrator may take steps
to remove, repair, or secure the property which is the public nuisance.
In the case of a structure that is deemed to pose a significant threat
to public safety and reasonable notice is provided thereof, the County
Administrator may take action to prevent unauthorized access to the
building within seven days. The cost of such abatement shall be charged
to the property owner and collected as taxes are collected. Every
charge authorized by this section with which the owner of any such
property has been assessed and which remains unpaid, to the extent
applicable, shall constitute a lien against the owner's real
property.
Every person found guilty of a violation of any provision or
section of this chapter, for which no penalty is specially provided,
shall be punished by a fine of not more than $100 for each violation.