[HISTORY: Adopted by the Board of Selectmen of the Town of Simsbury 5-26-1976.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
- LITTER
- All those items listed in Section 22a-248 of the Connecticut General Statutes Revised to 1987, or as may be amended.
- PERSON
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES OR PROPERTY
- Any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, commercial or industrial purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, parking area as defined in Connecticut Public Act 75-448, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
The owner or person in control of any private property shall at all
times maintain said property free of litter. The storage of litter in proper
containers for collection shall not be considered a violation of this chapter.
A.
The First Selectman or his authorized representative
is hereby authorized and empowered to notify the owner of any private property
within the town or the agent of such owner to dispose of litter located on
such owner's property which is unsightly or dangerous to public health,
safety or welfare. Said notice shall be by registered or certified mail, return
receipt requested, addressed to such owner at the address shown on the last
completed grand list or to his agent at his last known address.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to dispose of litter unsightly or dangerous to public health, safety or welfare within five days after receipt of written notice provided for in Subsection A above, or within five days after the date of such notice in the event the same is returned by the United States Postal Service because of its inability to make delivery thereof, provided that the same was properly addressed to such owner or agent, the First Selectman or his authorized representative is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the town.
C.
Recorded statement constitutes lien. Upon completion
of such work, the First Selectman or his authorized representative shall determine
the reasonable cost thereof and bill the owner or agent therefor. Upon failure
of the owner or agent to remit to the town the amount of such charge within
30 days from the date of such notice shall cause to be recorded in the land
records of the town a sworn statement showing the cost and expense incurred
for the work, the date the work was done and the location of the property
on which said work was done. The recordation of such sworn statement shall
constitute a lien and privilege on the property and shall remain in full force
and effect for the amount due in principal and legal interest, plus costs
of court, if any, for collection, until final payment has been made. Sworn
statements recorded in accordance with the provisions hereof shall be prima
facie evidence that all legal formalities have been complied with and that
the work has been done properly and satisfactorily and shall be full notice
to every person concerned that the amount of the statement, plus interest
at the same rate as allowed for delinquent town taxes, constitutes a charge
against the property designated or described in the statement and that the
same is due and collectible as provided by law. Said lien shall be of the
same effect and may be foreclosed in the same manner as a tax lien.
[Amended 1-8-1990]
A violation of any provision of this chapter shall be an infraction
as provided for in Connecticut General Statutes Sections 51-164m and 51-164n.
Pursuant to Connecticut General Statutes Section 51-164p, any such violation
shall be punishable by a fine of not more than $90 for each offense. Each
day that such offense is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
