(A) No residential, commercial or business operation or activity shall cause to be placed within ten feet of the paved portion of any street or place where there shall be more than ten feet between the paved portion of the street and the nearest structure, or place any trash, garbage or recycling container, bin or any other receptacle used for the disposal of any matter prior to the morning of the day before scheduled garbage/recycling pick-up. All trash, garbage or recycling containers, bins, or any other receptacle used for the disposal of any matter shall be retrieved from the side of the street or place by noon on the day after the scheduled garbage/recycling pick-up.
(B) In addition to the enforcement authority generally provided in the Zoning Code, the Town's Building Inspector shall be the town official responsible for enforcement of the requirements of this section.
(C) Penalties.
(1) Penalties for violations of this section shall be as follows:
(a) First weekly violation. Written warning.
(b) Second weekly violation. Final, written warning.
(c) Third weekly violation. Fine of ten dollars.
(d) Fourth weekly violation. Fine of $25.
(e) Fifth weekly violation and each subsequent violation. Fine of $50.
(2) Violations shall be considered to occur on a weekly (for garbage) and bi-weekly (for recycling) basis rather than on a daily basis. No property owner shall receive more than one violation during any one week/bi-weekly period. Each period that a violation exists shall be construed as a separate, weekly/bi-weekly offense; and nothing in this section shall be construed to limit any other remedies at law or equity.
(3) Notwithstanding any other provision of this section, the number of violations accrued between April 1 of a given year and March 31 of the following year shall reset on April 1 of that following year for the purpose of determining penalties to be imposed.
(Ord. 2019-01, passed 7-8-19)