§ 93.07  USER/CUSTOMER RESPONSIBILITIES.
   (A)   The user/customer shall cause to be removed from the user/customer’s premises all solid waste, refuse, garbage, rubbish, trash, yard waste, hazardous waste, and construction debris, and shall keep the premises at all times free and clear of any accumulation of the same.
   (B)   All solid waste, refuse, garbage, rubbish, and trash shall be placed and maintained in separate containers. Trash must be first contained within plastic bags, before being deposited by the user/customer into the container.
   (C)   Containers used for central solid waste collection for multiple dwellings, or industrial and commercial businesses, schools, and the like, must be constructed so as to be insect and rodent proof and shall be of a type and design approved by the Town Council. The containers shall be located so that there will be nothing to interfere with the collection vehicle’s ingress, egress and emptying of them.
   (D)   All solid waste, refuse, garbage, rubbish, and trash, before being placed in containers for collection, shall be drained of all free liquids.
   (E)   All containers shall be kept tightly covered and shall be emptied frequently to prevent fermentation and bad odors. They shall be provided with lifting handles and a tightly fitting cover with a lifting handle. The container shall be without inside protrusions, and the user/customer shall be responsible to pack the garbage and rubbish loosely so that the contents of the container shall discharge freely when the container is inverted.
   (F)   All user/customers shall be responsible for the care and maintenance of the containers.
   (G)   Boxes and other articles of unwieldy size or shape will only be acceptable for collection if they are broken or cut down and securely tied in bundles.
   (H)   The town shall issue written notice to the user/customer to remove any solid waste, refuse, garbage, rubbish, trash, yard waste, hazardous waste, or construction debris which has otherwise accumulated contrary to this chapter, or to remove any improper, unsanitary, or nonconforming container. The notice shall be served by a member of the Police Department, or by certified mail to the property owner, should the owner be a nonresident of the town and the property is vacant.
   (I)   If the user/customer fails to remove the accumulation of solid waste, refuse, garbage, rubbish, trash, yard waste, hazardous waste, or construction debris or fails to remove or replace any improper, unsanitary, or non-conforming container within five consecutive days (including weekends and holidays) from the service of the notice, the town may cause the accumulation or container to be collected and disposed of and the town shall surcharge the user/customer for such collection and disposal. The Clerk-Treasurer shall issue a certified statement of the actual cost incurred by the town in the removal, collection and disposal, which shall be actual cost incurred by the town in the removal, collection and disposal, which statement shall be served upon user/customer by a member of the Police Department or by certified mail with return receipt. The user/customer shall, within ten consecutive days (including weekends and holidays) from receipt of the certified statement to pay the surcharge to the Clerk-Treasurer.
   (J)   If the user/customer fails to pay any surcharge within the time prescribed, the town reserves the right to pursue any and all available actions it deems necessary, as permitted by law, to collect outstanding or delinquent surcharges, including but not limited to filing legal actions in a court of competent jurisdiction. The town shall be entitled to recover its costs, including, but not limited to, its attorney’s fees.
(Ord. 2019-06, passed 7-9-2019)