A. Definitions: "Rubbish", "trash" and "refuse" of all kinds, as used herein, shall be defined as any discarded: machinery, broken or unbroken glass, tin cans, papers, rags, kitchen refuse, decayed waste, dead animals, decomposed matter of any kind or nature, cinders, ashes, plastic, sawdust, and all building materials that are not associated with an active building permit issued by the town of Winter Park.
B. Storage; Containers: Storage of rubbish, trash and refuse shall be accomplished in strict conformance with the provisions of section 7-3-6 of this code. In addition, it shall be unlawful for any person to keep in, on or about any dwelling, building premises, or any other place in the town, vegetation or animal substance, garbage, trash, rubbish or refuse matter of any kind which may be injurious to the public health or offensive to the residents of the town unless the same is covered in receptacles as nearly airtight as may be practicable; however rubbish, trash or refuse may be disposed of in properly tied plastic bags, provided such bags are not located outside of an enclosed building and are not placed outside the building except as provided in section 7-3-6 of this code.
C. Removal Of Rubbish, Trash Or Refuse: All persons, corporations and other entities shall cause the removal of all rubbish, trash or refuse from such properties as they may own, possess through lease or other lawful means, or occupy within the town at least once each week. All such persons shall remove all such rubbish, trash or refuse from their property within twenty four (24) hours after being notified to do so by the town. Any person who fails to remove any "rubbish", "trash" or "refuse" as above defined from any property which he owns, occupies or controls, following notification from the town to so remove such rubbish, trash or refuse, shall be guilty of a misdemeanor and shall be subject to the penalties set forth in section 4-1-9 of this chapter.
D. Unremoved Rubbish, Trash Or Refuse: When the town becomes aware of unremoved rubbish, trash or refuse, the town shall provide personal notice to the owner or occupant of the property upon which the rubbish, trash or refuse is located of such fact, or, if the owner or occupant is not personally available to receive such personal notice then the town shall provide written notice to the owner or occupant at the address of the property upon which the rubbish, trash or refuse has not been removed of such fact. Such owner or occupant shall have twenty four (24) hours from the date of such personal or mailed written notice to remove such rubbish, trash or debris. In the event that a person, entity or corporation after receipt of such notice fails to remove any rubbish, trash or debris within the time period provided in the notice the town is authorized to remove such rubbish, trash or refuse and assess the entire cost thereof, including a fifteen percent (15%) fee for inspection and other incidental costs in connection therewith against the property. If the assessment should remain unpaid for ninety (90) days, the outstanding balance will be certified to the Grand County treasurer for collection on the property tax statement attributable to the property. A collection fee of thirty percent (30%) of the certification amount will be assessed by the Grand County treasurer. Assessment and collection of the fees described herein shall be in addition to the penalties described in section 4-1-9 of this chapter.
E. Scattered Rubbish, Trash And Refuse: All persons, corporations and entities shall be responsible for immediately removing scattered rubbish, trash or refuse originating from their storage containers or land and being scattered onto either private and public property, which scattering is a result of animal scavenging, vandalism, wind or other weather conditions, or any other action or event that shall cause such rubbish, trash or refuse to become scattered, whether or not such action or event is within the control of the owner or occupant of the property. The town will attempt to contact the property owner in the manner set forth in subsection D of this section about the scattered rubbish, trash or refuse. If the property owner cannot be contacted immediately, the town will remove the rubbish, trash and/or refuse and assess the whole cost thereof, including fifteen percent (15%) for inspection and other incidental costs in connection therewith against the property. If the town is notified of a second scattered rubbish, trash or refuse occurrence from the same property and the town is required to collect scattered rubbish, trash or refuse, an additional fee of one hundred dollars ($100.00) shall be added to the costs and assessments provided for herein, which may be collected as provided for hereinabove. (Ord. 323, Series of 2002)