A. Declaration Of Nuisance: It shall be unlawful and it is hereby declared to be a nuisance for any person to:
1. Deposit, abandon, dump, or place any waste, or cause any waste to be deposited, abandoned, dumped or placed on any street, sidewalk, alley or other public property; provided, this subsection shall not apply to any owner, occupant or lessee of the premises who places waste generated on said premises at the curbside of the abutting public street or other approved collection area during the time provided in subsection 3-4-4E of this chapter prior to the time the waste is scheduled to be removed by a licensed waste hauler, and provided that the waste is within containers complying with this chapter;
2. Fail to provide for the removal and collection of waste as required by this chapter and such failure results in a public nuisance;
3. Store, dump, or permit the accumulation of debris, refuse, garbage, compost or any other waste in a matter that may harbor mosquitoes, flies, insects, rodents, vermin or other disease carrying animals, that creates a nuisance, results in noxious or offensive smells, or that is otherwise offensive or dangerous to the public health;
5. Store, cast, throw, drop, place or deposit any waste in such a manner that the waste may be carried by the action of the sun, wind, rain or snow into or upon any street, sidewalk, alley, park or other public or private place in the district or into or upon adjacent premises.
B. Authority To Abate: The town supervisor is hereby authorized to abate any nuisance described in subsection A of this section.
C. Notice To Abate: The town clerk, at the direction of the town supervisor, shall serve or cause to be served a notice to the owner, occupant or lessee of any premises on which a nuisance exists, which notice shall demand the abatement of the nuisance within seven (7) days. The owner may be served by sending notice to the person who last paid the taxes on the real estate. (Ord. SWO-2001-3, 9-18-2001)
D. Abatement By Township:
1. If the owner, occupant or lessee who is so notified does not abate the nuisance within seven (7) days, as required by notice, the town supervisor may provide for the abatement of the nuisance by township personnel or by independent contractors.
2. Nuisance abatement work performed by township personnel shall be charged at a minimum cost of two hundred fifty dollars ($250.00) for the first hour of nuisance abatement work for the cost of mobilization, labor, equipment and overhead, and at an hourly cost of one hundred seventy five dollars ($175.00) for each additional hour or part thereof of nuisance abatement work.
3. Nuisance abatement work performed by independent contractors shall be charged at the billed cost to the township, plus fifty dollars ($50.00) for township administration and overhead. (Ord. TO-2014-5, 10-14-2014)
E. Separate Offenses; Penalty: A separate offense, punishable as provided in section 3-4-12 of this chapter, shall be deemed committed each day during or on which the nuisance continues unabated after seven (7) days from receipt of the notice provided for in subsection C of this section. (Ord. SWO-2001-3, 9-18-2001)