[HISTORY: Adopted by the Town Council of the Town of Hillsville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 34.
Animals — See Ch. 42.
Outdoor burning — See Ch. 56.
Fire prevention — See Ch. 76.
Littering — See Ch. 88.
Nuisances — See Ch. 97.
Parades — See Ch. 101.
Peace and good order — See Ch. 108.
Peddling and soliciting — See Ch. 112.
Special events — See Ch. 132.
Streets and sidewalks — See Ch. 136.
Inoperable vehicles — See Ch. 160.
[Adopted 10-11-1978 as Ch. 11, Art. II, of the 1978 Code]
[Added 4-9-1986]
A. 
The Town will provide special trash, rubbish and brush pickups with the following conditions and rules:
(1) 
All trash, rubbish and brush will be placed at curb- or roadside.
(2) 
All trash, rubbish and brush must be in a condition whereby two men can load into a dump truck without mechanical aid.
(3) 
Brush must be cut into lengths that can be loaded compactly into a dump truck.
(4) 
There shall be a limit of one load per month. Any additional loads shall be charged at $25 per load.
[Amended 11-11-1996]
(5) 
All real estate and personal property taxes must be paid in full in order to receive free special pickups.
[Added 4-24-2000; amended 9-9-2019]
(6) 
Nothing in this section should be construed to apply to landowners who wish to landscape, garden or plant native flowers, trees or shrubs on their property to sustain birds, bees, butterflies and other beneficial insects as befits a community with as many natural resources as Hillsville. However, all such plantings shall be conducted and maintained in an orderly fashion in keeping with other aspects of Town Code regarding appropriate maintenance and upkeep of properties.
[Added 2-27-2012]
B. 
If the above conditions and rules create a hardship for the landowner, arrangements may be made with the Town Manager to accommodate the situation.
[Amended 11-13-1995; 6-10-2013; 11-22-2021]
A. 
The owners of property within the Town shall, at such time or times as the Town may prescribe, remove therefrom any and all trash, garbage, refuse, litter, clutter, except on lands zoned for or in active farming operation, and other substances which might endanger the health or safety of other residents of the Town; or may, whenever the Town deems it necessary, after reasonable notice, have such trash, garbage, refuse, litter, clutter, except on lands zoned for or in active farming operation, and other like substances which might endanger the health of other residents of the Town removed by its own agents or employees, in which event the cost or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected by the Town as truces are collected. Trash, garbage, refuse, litter and other debris shall be disposed of in personally owned or privately owned receptacles that are provided for such use and for the use of the persons disposing of such matter or in authorized facilities provided for such purpose and in no other manner not authorized by law. Clutter includes mechanical equipment, household furniture, containers, and similar items that may be detrimental to the well-being of the Town when left in public view for an extended period or are allowed to accumulate.
B. 
The Town Manager or agents of the Town shall, upon their own initiative or when requested to do so in writing, investigate any land or lot. If it has been determined that there is a violation of this section, the Town Manager or an agent of the Town shall notify the owner of the land or lot upon which the violation exists to remedy the condition. Such notice shall be in writing and delivered or mailed by certified mail to the last known address of the owner. If, after 30 days from the mailing of the certified notice, the condition remains, the owner shall be deemed to be in violation of this section. After that date, the Town Manager or the Town's agents shall have such trash, garbage, refuse, litter or other like substances removed, in which event the cost and expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the Town by billing or as taxes are collected.
C. 
It shall. be unlawful for the owner of any land or lot within the Town to permit grass, weeds, brush and other foreign growth standing more than eight inches in height to remain upon so much of the property as lies within 100 feet of any street, dwelling house or commercial building. The Town Manager or agents of the Town shall, upon their own initiative or when requested to do so in writing, investigate any land or lot. If it has been determined that there is a violation of this section, the Town Manager or an agent of the Town shall notify the owner of the land or lot upon which the violation exists to cut and/or remove the condition. Such notice shall be in writing and delivered or mailed by certified mail to the last known address of the owner. If, after seven days from the mailing of the certified notice, the condition remains, the owner shall be deemed to be in violation of this section. Whenever the Town deems it necessary, after seven days from the time of notice, the Town Manager or the Town's agents shall have such grass, weeds, foreign growth or debris cut and/or removed, in which event the cost and expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the Town by billing or as taxes are collected.
D. 
Whenever the Town deems it necessary, after seven days from the time of notice, the Town Manager or the Town's agents shall have such grass, weeds, foreign growth or debris cut and/or trash, refuse removed, in which event the cost and expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the Town by billing or as taxes are collected.
[Amended 6-11-1980; 9-28-1992]
Every charge authorized by this Article with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property, and the Treasurer shall file with the Clerk of the County Court a statement of the lien claim. This statement shall contain the legal description of the premises served, the name of the recorded owner, the amount of the unpaid bill and a notice that the Town claims a lien of this amount for service rendered. This statement shall be recorded in a lien book provided by the Town for the purpose of recording such liens. Settlement or payment of these liens can be made upon paying the amount of the recorded lien plus 6% interest from the date of such filing and any costs involved in their recordation and in the recording of the release of such lien. Release of such liens shall be executed by the Treasurer upon presentation of evidence that the amount of the lien and cost involved have been paid into the treasury of the Town.
[Added 6-10-2013; amended 11-22-2021]
Any person violating any of the provisions of this article shall be subject to a civil penalty, not to exceed $50 for the first violation. Each business day during which the violation is found to have existed shall constitute a separate offense. The civil penalty for subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall not exceed $200. A series of specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of $3,000 in a twelve-month period. In the event three civil penalties have been previously imposed on the same defendant for the same or similar violation, not arising from the same set of operative facts, within a twenty-four-month period, any subsequent violation may be charged as a Class 3 misdemeanor. No civil penalty shall be imposed for any violation charged as a Class 3 misdemeanor.
[Adopted 10-11-1978 as Ch. 11, Art. III, of the 1978 Code]
A. 
All householders and apartment house owners with garbage and refuse to be collected by the Town shall provide one or more metal or plastic containers with a capacity of not more than 32 gallons, and with tight-fitting lids that shall be kept thereon at all times, except when the container is being filled or emptied, and lined with trash bags.
[Amended 10-24-1984; 9-28-1992]
B. 
Apartment house owners or business establishments may provide any approved type of truck-lift container for garbage and refuse. The number of truck-lift containers shall be limited to two.
[Amended 1-14-2013]
C. 
Eating establishments and all business firms handling foods, including grocery stores, produce markets and dairies, shall provide metal or plastic containers with a capacity of not more than 32 gallons, and with tight-fitting lids, lined with trash bags of a size and quality to hold trash without bursting, or an approved type of truck-lift container for waste and food products.
[Amended 10-24-1984; 9-28-1992]
D. 
Business establishments shall provide storage rooms or covered storage bins for waste products other than food wastes and shall put all trash in large boxes or cartons and place in the storage room or bin for collection.
A. 
Householders shall place all refuse containers at one location at the edge of any street adjacent to their property. Town employees will not enter private property for the collection of garbage and refuse except when so authorized by the Town Manager.
[Amended 10-26-1983]
B. 
Refuse containers shall not be set out before 12:00 noon the day prior to the scheduled pickup. For the first offense of this subsection, a warning letter shall be sent by the Town Manager. The second offense shall be a civil penalty with a fine of $25. The third offense shall be a misdemeanor with a fine of $50.
[Added 3-27-1995[1]]
[1]
Editor’s Note: This section also renumbered former Subsections B through D as Subsections C through E, respectively.
C. 
Business establishments will place their refuse containers at the rear or side of the establishments in such a manner that they will be readily accessible to the sanitation crew. Trash that is placed in said container must be done in such a manner that it is within the container proper. Also, no grease shall be placed within the container. Failure to keep the trash properly within the container or placing grease within the container shall cause the Town to refuse service until such conditions are corrected.
[Amended 11-14-1990]
D. 
Collections will be made for households and business establishments in accordance with a schedule prepared by the Town Manager.
[Amended 11-11-1996]
E. 
The provisions of this section shall exclude special pickup items.
[Added 3-27-1995]
[Amended 7-12-1993]
A charge for the services provided by this Article and payable to the Town shall be made in accordance with a schedule of charges prepared by the Town Manager.
[Added 4-23-2001]
It shall be unlawful for any person to deposit, throw, cast or dump any solid waste or refuse generated outside of the Town of Hillsville in the public trash bins on Town streets, at residences within the Town, or in bulk containers located at businesses within the Town.