ORDINANCE #23-2015 Proper Container

VILLAGE OF BARRYTON

PROPER CONTAINER ORDINANCE #23-2015

The Village of Barryton Ordains:

No leaves, weeds, grass, rubbish or other debris will be picked up unless it is put in proper sized bio-degradable containers such as paper bags, cardboard boxes, or other such bio-degradable containers that will keep above mentioned debris confined.  Said containers will weigh no more than fifty pounds.  Brush may be cut in no longer than 4 ft. lengths and bundled in quantities one person can easily handle.  Tree removal, including all debris and remnants, will be the responsibility of the property owner.

Village removal of yard waste begins April 15th and ends November 15th of each year.

Leaves can be raked curbside beginning October 1st through November 15th of each year for removal by the Village.

It will be a violation of this ordinance to transport any leaves, weeds, grass, rubbish or other debris from outside of the limits of the Village of Barryton for Disposal.

Penalty

(1)        The penalty for a violation of this ordinance shall be a Village civil infraction with a fine of not less than $25 dollars and not more than $500, plus costs of not less than $9 and not more than $500. Costs may include all expenses, direct and indirect, to which the Village has been put in connection with the Village civil infraction up to the entry of judgment. The Village may seek or employ all other remedies and sanctions available under state law for municipal civil infractions.

(2)        The penalty for repeat offenses of the same ordinance provision within two years of a prior offense shall be a fine of not less than $50 and not more than $1,000, plus costs and all other remedies and sanctions available under state law for municipal civil infractions.

(3)        Each day a violation of this Ordinance continues to exist constitutes a separate violation.

(4)        Where costs of any civil infractions issued are not paid by an owner within sixty (60) after issuance of violation then the Village Council shall cause to be recorded in the Treasurer’s Office the date and premises on which the violation occurred. The recording of such statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest until final payment has been made and shall be collected in the manner provided by law for collection of taxes; further, the total amount shall be subject to a delinquent penalty of 1% per month in the event same is not paid in full on or before the date of the tax bill upon which said charge appears becomes delinquent; said sworn statements recorded in accordance with the provisions hereof shall be notice to every person concerned that the amount of the statement plus interest, constitutes a charge against the premises described in the statement that the same is due.

Severability

The provisions of the Ordinance are hereby declared to be severable, and if any part is declared invalid for any reason by a Court of competent jurisdiction, it shall not affect the remainder of the Ordinance which shall continue in full force and effect.

THIS ORDINANCE SHALL TAKE EFFECT THIRTY (30) DAYS AFTER PUBLICATION.  ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE HEREBY REPEALED.

I hereby certify to the adoption of this ordinance at the April 8, 2015council meeting and cause the same to be published as required by law.

Yeas ___5__  Nays __0___    Ordinance declared: Adopted

Published Date: April 17, 2015                      Effective Date: May 8, 2015

 

____Jennifer Trelfa____________                    _____Deb Buehner____________

Signed by Village Clerk:                                                         Village President: