§ 92.37 LIABILITY OF PERSONS TO OWNERS OF DEBRIS.

   No town employee, contractor for the Town of Kenly, any employee of a contractor for the Town of Kenly, or other person shall be held responsible in any action to any debris owner involved in the removal, clean up operation, or disposition of debris as provided in §§ 92.35 et seq.

(Ord. 104, passed 8-14-1989)

§ 92.38 CERTAIN MATERIALS EXEMPTED.

   No section in §§ 92.35 et seq. shall apply to any business licensed in the Town of Kenly being operated in a lawful place and manner if the material is necessary for the operation of the business and the material is appropriately stored.

(Ord. 104, passed 8-14-1989)

§ 92.39 REMOVAL OF DEBRIS DECLARED A HEALTH OR SAFETY HAZARD.

   Any and all debris that is classified as debris that has not been disposed of as described in § 92.36, it shall be removed from premises if the town or duly authorized official declares the debris to be a health or safety hazard.

(Ord. 104, passed 8-14-1989)

§ 92.40 INDEMNIFICATION OF TOWN.

   Any person requesting the removal of debris from private property shall indemnify the Town of Kenly against any and all losses, expenses, or liabilities incurred because of the removal, sale, or other means required to bring the particular case in compliance with §§ 92.35 et seq.

(Ord. 104, passed 8-14-1989)

§ 92.41 NOTICE OF REMOVAL BY TOWN.

   When any debris is to be removed by the Town of Kenly, written notice of the potential removal of the debris by the Town of Kenly shall be given to the owner of the debris or property owner the debris is located. The most current record available to the town shall be used.

(Ord. 104, passed 8-14-1989)

§ 92.42 REMOVAL OF DEBRIS BY TOWN.

   If a property owner does not remove debris classified as a health or safety hazard within 7 calendar days after being notified in writing by the Town of Kenly, the debris shall be removed and disposed of by the town in accordance with §§ 92.35 et seq.

(Ord. 104, passed 8-14-1989)

§ 92.43 DISPOSAL OF DEBRIS BY TOWN.

   (A)   After removal of debris by the Town of Kenly the material shall be legally disposed of; including, but not limited to, hauling to landfill or business established to receive the debris.

   (B)   The proceeds of any sale of debris shall be paid to the Town Clerk or Tax Collector and deposited in the general fund of the Town of Kenly to pay for the expenses related to the removal, and cleanup, storage, investigation and administration, and disposal of the debris.  The owners right therein become extinguished when the debris is not satisfactorily disposed of upon written notice by the Town of Kenly.

(Ord. 104, passed 8-14-1989)