§ 15-6. Filthy or unwholesome premises.

It shall be unlawful for any person or persons to use or allow to be used any private or public property for dumping or unsightly storage or to place, collect, keep, or allow to be on any private property within the town, unless said materials are properly contained in a garbage container conforming to the requirements in Chapter 10 of this Code, any house refuse, offal, garbage, dead animal, animal waste, decaying vegetable matter or organic wastes or substances of any kind, nor any slops, greasy or soapy water, stagnant water, noxious liquids or any other offensive matter, liquid or solid, which is liable to become a source of nuisance after exposure to the atmosphere or which, by a stench or smell, becomes a nuisance to the neighborhood or which becomes or is liable to become:

(1)

A breeding place for germs;

(2)

A food source for wild, ground animals, particularly rodents; or

(3)

A detriment to the public health.

All such material described in this section shall be deemed a public nuisance. The provisions of section 18-4 of this Code regarding composting shall be an exception to this section so long as the person or entity notified or cited can affirmatively show that they have strictly conformed to the provisions and restrictions of that section. Bird feeders are deemed an exception to this section so long as the resident of such property can show conclusively that spillage from the bird feeder has not and shall not become a nuisance as provided above. It shall be the duty of the town administrator or his designee to notify such person or persons in violation of this section to correct such public nuisance by removing same from said property within ten (10) days, inclusive of Sundays and holidays, after the date of such notice, and that upon failure to remove such public nuisance within the time specified, the nuisance will be removed by the town and the cost thereof be charged as hereinafter provided unless cause to the contrary be shown by filing objections in writing with the town administrator on or before the expiration date of such notice. The procedures outlined in section 5-9 of the housing code shall apply thereafter. If such filthy or unwholesome condition is not removed within the time specified in such notice and no written objections have been filed or are filed and overruled, then the town administrator shall cause the condition to be abated or removed and may incur the necessary expense in so doing. The town administrator shall place a charge against the proper person or persons for such cost and proceed to collect the same by entering same on the tax records as a charge upon such real estate, or by suit if deemed necessary, or both.

(Ord. No. 12-77, 8-11-77; Ord. No. 10-89, 10-12-89; Ord. No. 0-1-93, 3-11-93)

Charter reference— Authority for above section, § C-23A(14).

Cross references— Prohibition against use of property for dumping or unsightly storage, § 10-4; dangerous accumulations of combustible material, § 12-2; lot maintenance, Ch. 18; accumulations of trash and other waste material near streets, § 18-3.