Section
General Provisions
95.01 Definitions
95.02 Collecting and hauling of waste
95.03 Unlawful deposits of garbage, wastes within town
95.04 Garbage collection fee
95.05 Material not permitted in containers
95.06 Special provision for the aged, handicapped and disabled
Provision for Containers and Collection
95.10 Location of mobile containers
95.11 Time requirements for collection
95.12 Ownership and responsibility of containers
Multi-Family Dwellings’ Refuse Collection
95.20 Provisions for containers
95.21 Container location to be on site plans
95.22 Design and location
95.23 Purchase and maintenance of containers
95.24 Collection
Industrial, Commercial and Business Buildings’ Refuse Collection
95.35 Provisions for containers
95.36 Design and location
95.37 Purchase and maintenance of containers
95.38 Collection
Public Nuisance to Health and Safety
95.50 Investigation
95.51 Notification
95.52 Removal by town
95.53 Charge for removal
95.54 Lien for costs
95.55 Remedy not exclusive
95.56 Chronic violators
Commercial Building Maintenance Code
95.60 Intent and scope
95.61 Definitions
95.62 Vacant building registration required
95.63 Maintenance requirements
95.64 Security requirements
95.65 Inspections
95.66 Enforcement; violations and penalties
95.67 Appeals
95.68 Severability
95.69 Preemption
95.99 Penalty
Cross-reference:
Storage of hazardous materials, Ch. 100
Statutory reference:
Authority of municipality to regulate solid wastes, garbage and trash, see G.S. § 160A-311
GENERAL PROVISIONS
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASHES. The refuse resulting from the burning of wood, coal, coke and other combustible material.
BUILDING RUBBISH. Rubbish from construction, remodeling and repair operations on houses, commercial buildings and other structures, including but not limited to excavated earth, stones, brick, plaster, lumber, concrete and waste parts occasioned by installations and replacements.
BUSINESS BUILDING. Any structure, whether public or private, that is adapted for the transaction of business, for the rendering of professional services, for amusement, for the display or sale or storage of goods, wares, merchandise, articles or equipment including hotels, apartment houses, rooming houses, office buildings, public buildings, stores, theaters, markets, restaurants, abattoirs, warehouses, sheds, barns and other structures on premises used for or adapted to business purposes. For the purposes of this chapter, civic clubs and churches shall be classified as BUSINESSES.
CONTAINER. A front end metal sleeve type with sliding doors that is water and odor proof. Container size shall be four cubic yards, six cubic yards or eight cubic yards.
DIRECTOR OF PUBLIC WORKS. The Director of Public Works of the town or his or her agent.
INDUSTRIAL WASTE. Sawdust, shavings, feathers, excelsior, cartons, boxes, metal, glass, paper, wood, textiles, chemicals, plastic or other waste materials from processing plants, factories or manufacturing operation.
MOBILE CONTAINER. A plastic container provided by the Town of Zebulon or its contractor. This cart shall be capable of being automatically dumped with specified equipment.
PUBLIC NUISANCE TO HEALTH AND SAFETY. The existence of any of the following conditions on any vacant lot or other parcel of land within the corporate limits of the town which is hereby declared to be dangerous and prejudicial to the public health or safety and to constitute a public nuisance:
(1) Noxious weeds and tall grass.
(a) The uncontrolled growth of noxious weeds or tall grass to a height in excess of 12 inches causing or threatening to cause a hazard detrimental to the public health or safety.
(b) It shall be unlawful for any owner, tenant, or occupant of land in the town to allow or permit the growth of vegetation to a height greater than 12 inches or noxious weeds on any land between the property lines of the parcel and the pavement edge of any public roadway.
(c) Tall vegetation along driveways and public roads that may impair visibility when entering or exiting public roads is prohibited.
(d) Tracts of land with no structures, that are five acres or less shall mow any weeds, grass, and the like which grow to a height greater than 12 inches.
(e) Unless the noxious weeds and tall grass defined in divisions (1)(a) through (d) of this definition meet the following standards or are causing or threatening to cause a hazard detrimental to the public health, safety, or welfare, the following shall not apply to:
1. Natural areas, such as but not limited to, wetland areas, wild flower restoration, public open spaces, wooded areas, rain gardens, bogs, or marshes.
2. Land located within 50 feet of natural or altered creeks, rivers and stream corridors, including riparian buffer strips, that convey water.
3. Land used for agriculture, including pastures that are fenced and contain animals.
4. Temporary erosion control grasses.
5. Ornamental grasses grown for its beauty either for screening, accent, specimen, color, or any other aesthetic reasons.
6. Tracts of land listed as one of Wake County’s Soil and Water Conservation Voluntary Agricultural Districts.
(f) Tracts of land greater than five acres are exempt only if one of the following standards apply:
1. Single ownership of adjoining properties greater than five acres; or
2. Tracts of land that is not platted or developed. For the purpose of this section DEVELOPED shall mean that the property has been improved with the construction of buildings, parking lots, or other facilities excluding utilities, sewer lines, or water lines.
(g) Tracts of land greater than five acres, whether exempt or not under the conditions as stated in division (l)(f) of this definition shall mow noxious weeds or tall grass a minimum of 50 feet from the interior of the tract of land to any property line which adjoins or abuts a tract of land holding a current certificate of occupancy. Any property with land fronting a public right-of-way must maintain a minimum of 50 feet from the pavement edge of the roadway inward.
(h) If an approved phase within a development has vacant tracts of land totaling a minimum of five acres, then those tracts of land which adjoin or abut a developed tract holding a current certificate of occupancy must be maintained.
(2) Any accumulation of animal or vegetable matter that is offensive by virtue of odors or vapors or by the inhabitance therein of rats, mice, snakes or vermin of any kind which is or may be dangerous or prejudicial to the public health.
(3) Any accumulation of rubbish, trash or junk causing or threatening to cause a fire hazard, or causing or threatening to cause accumulation of stagnant water, or causing or threatening to cause the inhabitation therein of rats, mice, snakes or vermin of any kind which is or may be dangerous or prejudicial to the public health.
(4) Any condition detrimental to the public health which violates the rules and regulations of the Wake County Health Department.
(5) Any uninhabited structure which is in such a state of disrepair, ruin or neglect as to cause or threaten to cause a fire hazard, or threaten to cause the accumulation of stagnant water, or causing or threatening to cause the inhabitation therein of rats, mice, snakes or vermin of any kind which is or may be prejudicial to the public health.
(6) Any building or other structure which has been burned, partially burned or otherwise partially damaged and which is unsightly or hazardous to the safety of any person or adjoining properties, which is structurally unsound. The damage may include but is not limited to: broken windows, fallen roof, tire damage, structural damage, unsecured access or any other hazardous condition.
(7) The storage or use of any furniture not manufactured for outdoor use in any yard, alley, and unenclosed porch or in any other outside area.
(8) Any accumulation in the open of discarded or unused machinery, building materials, household appliances or other materials, in a manner conducive to the harboring of rats, mice, skunks, snakes, cats or vermin, or in a manner creating fire, health, or safety hazards from such accumulations.
(9) Any property that, by lack of sufficient or adequate maintenance of the property, and/or being vacant depreciates the use and enjoyment of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such condition exists.
(10) The Planning Department shall make inspections as are necessary to determine whether the noxious weeds and tall grass constitute a public nuisance. If a violation is found to exist on the property, the enforcement rules and procedures as listed within the Town of Zebulon Unified Development Ordinance shall be adhered to.
RUBBISH. Refuse, exclusive of garbage and ashes, including, but not limited to, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree bush and hedge branches, cuttings and trimmings, yard trimmings, grass, leaves, tin cans, metals, small mineral matter, glass, crockery, dirt, earth and dust.
WASTE. Useless, unused, unwanted or discarded materials resulting from natural community activities, including solids, liquids and gases.
(Ord. 2005-15, passed 11-1-2004; Ord. 2009-23, passed 2-2-2009; Ord. 2013-50, passed 6-3-2013; Ord. 2021-65, passed 5-3-2021)
(A) No person shall engage in the business of collecting, hauling or transporting any waste in the city without first obtaining a permit to do so from the Town Manager.
(B) Industrial wastes shall be collected, removed and disposed of by the operator of the factory, plant or enterprise creating or causing it in accordance with applicable provisions of the law.
(C) (1) Building rubbish shall be collected, removed and disposed of by the contractor or builder or, on their failure to do so, by the owner of the property.
(2) Any person desiring to place tree trimmings, hedge cuttings or similar materials for collection shall cause them to be not heavier than 200 pounds nor more than four feet in length. There is no diameter limit. He or she shall place them for collection at the curb line at the street on the area between the sidewalk and the curb.
(3) No person shall burn leaves, shrubs, trees, limbs and the like on the streets or sidewalks or on private property except on special permission of the Chief of the Fire Department.
(4) No person shall throw, drop or deposit any leaves, shrubs or other debris into any catch basin or manhole in the town.
(5) No person shall throw, drop or deposit, or cause to be thrown, dropped or deposited on any land in the town, vacant or occupied, any waste, including but not limited to refuse, garbage, ashes, rubbish, building rubbish, dead animals, putrescible matter and anything injurious to health. However, the prohibition contained in this division shall not apply to the filling in or grading of property with earth, mud, ashes and similar materials.
(6) Dead animals shall be removed immediately by the owner of property on whose land the animal shall lie, or by the town when the animal shall be on public property.
(7) Bulk items could include items such as appliances, water heaters, furniture or moving boxes which will be picked up by the town if placed beside the curb. Fees may be charged for the items as determined by the Town Board.
(Ord. 2005-15, passed 11-1-2004) Penalty, see § 10.99
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