(A) Except for premises permitted for such use under the terms of the applicable zoning ordinances for the town, it shall be unlawful for any person, firm, business entity or corporation to accumulate or to allow the accumulation upon any premises within the corporate limits of the town of garbage, ashes, refuse, rubbish, manure, carcasses, junk, automobile parts and bodies, dirt, debris, tires, junk appliances, bedding, junk furniture, junk machinery, clippings from growth, old newspapers and all other kinds and types of organic or inorganic materials generally classified as junk or refuse, provided, however, that nothing herein contained shall prevent the accumulation and storage of items of value which are stored in a secured building out of the sight of the public and the occupiers of adjoining property, when such storage does not constitute a health or fire hazard; and, provided further, that this section shall not prevent the accumulation and storage in the manner provided by existing town ordinance of items to be picked up by the company with the sanitation contract with the town.
(B) It shall be the duty of the Town Marshal to notify the owner(s) and/or occupying tenant(s) of any property found to have accumulations in violation of division (A) above, directing both the removal and disposal of such unlawful accumulations within a reasonable time, not to exceed 30 days from the date of such notice. Such notice shall be in writing and delivered to the applicable owner(s) and/or occupying tenant(s) responsible for the accumulation. If no such person shall be available or admit to the ownership thereof, the Town Marshal shall attach such written notice to the premises in a clearly visible place, which attachment shall serve as effective notice to the owner(s) of the real estate upon which the accumulation has occurred and to any occupying tenant(s).
(1) In the event such accumulation has not been removed within the period designated by the Marshal’s Office, the Street Department of the town is hereby authorized and directed to enter upon said premises and remove and dispose of such unlawful accumulations. Such disposal shall be in the form of removal to sanitary landfill, burning, burying or such other disposal as the Street Department shall determine. The cost of removal and the disposal of such unlawful accumulations shall be the responsibility of the owner(s) of the real estate upon which such was situate, and any occupying tenant(s). The Superintendent of the Street Department shall certify the cost of such removal and disposal to the Clerk of the town. Upon certification to the Clerk of such expenses, the same shall be a lien upon the real estate at issue. The Clerk shall in turn certify such costs and expenses to the Treasurer of the county for collection in the same manner as real estate taxes are collected upon said premises.
(2) In addition to placing such lien upon such real estate, the town shall have the right through appropriate civil proceedings to collect the costs and expenses of such removal and disposal from both the owner(s) of the real estate upon which the accumulation occurred, and any occupying tenant(s) thereof. The owner(s) and tenant(s) shall be responsible for all costs of collection arising from such proceedings for the town, to include reasonable attorney fees.
(Ord. 231, passed 6-2-1986) Penalty, see § 94.99