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TITLE 8

HEALTH AND SAFETY

 

Chapters:

 

            8.04                 GARBAGE COLLECTION AND DISPOSAL

            8.08                 WEEDS AND RUBBISH

            8.12                 USE OF PROPANE TANKS

            8.16                 TRAILERS, LIVESTOCK, AND PRODUCE WAREHOUSES

 

 

Chapter 8.04

GARBAGE COLLECTION AND DISPOSAL

 

Sections:

 

            8.04.010          Definitions.

            8.04.020          Responsibility for Cleanup.

            8.04.030          Transport for Garbage – Requirements.

            8.04.040          Collection – Frequency.

            8.04.050          Charges.

            8.04.060          Billing Procedures.

            8.04.070          Town Authorized Trash Haulers.

            8.04.080          Charges – Establishment and Enforcement.

            8.04.090          Rules and Regulations.

            8.04.100          Unlawful Dumping.

            8.04.110          Abatement of Refuse Accumulations.

            8.04.120          Leaves and Tree or Grass Clippings.

            8.04.130          Violation – Penalty.

 

 

8.04.010   Definitions.  As used in this chapter:

 

A.        "Garbage" means the animal and vegetable waste resulting from the preparation, cooking and consumption of foods.  (Code, 2002)

 

            B.        “Refuse” is defined and held to mean any and all hay, straw, shavings, excelsior, paper, ashes, rubbish, containers, boxes, glass, cans, bottles, and the residue from the burning and other destruction of all combustible materials whatsoever, and any and all other material commonly known as rubbish or refuse, except building rubbish from building construction or reconstruction, street refuse, large trees, industrial refuse, dead animals, abandoned large machinery or vehicles, or such other waste materials as are not commonly produced in homes, stores, or institutions.  (Code, 2002)

 

            8.04.020   Responsibility for Cleanup.  The Town is not obligated to clean, pick up or remove waste or other debris resulting from construction or repairs to buildings or other improvement of property within the Town, or dead or fallen trees, or limbs from trees on private property or parking adjacent thereto, nor trash resulting from a general cleanup of vacant or improved property.  All such shall be removed by the owner, occupant, tenant or lessee at his own expense, except as may be otherwise provided in this Chapter.  (Code, 2002)

 

            8.04.030   Transport or Garbage – Requirements.  It is unlawful for any person to remove or carry, or cause to be removed or carried, on or along the streets and alleys of the Town any garbage or other matter offensive to sight or smell except in watertight cans or in carts, trucks, or wagons having iron beds or boxes with proper covers, so that the garbage or other matter is not offensive.  The garbage shall be so leaded that none of it falls, drips or spills on the ground.  (Code, 2002)

 

8.04.040   Collection -- Frequency.  Refuse and garbage will be collected at least once each week, and where necessary to protect the public health, the Board of Trustees may require more frequent collections.  It is the intent of this Chapter that the reasonable accumulations of refuse of each family for the collection period will be collected for the standard charge; however, the Board of Trustees may refuse or may make additional charges for such unreasonable amounts.  (Code, 2002).

 

8.04.050   Charges.

 

A.        For residential property, collection charges shall be as fixed by resolution of the Board.  (Code, 2002)

 

B.        For commercial property, collection charges shall be as fixed by resolution of the Board.  (Code, 2002)

 

C.        The charges provided in this section shall be payable, billed, and collected in the same manner and upon the same terms, penalties, and provisions for collection as, and together with the water rates as provided in Title 13 of this Code, as amended.  (Code, 2002)

 

            8.04.060   Billing Procedures.  The charges as fixed by Resolution of the Board shall be payable, billed, and collected in the same manner and upon the same terms as provided in Title 13 of this Code for water charges.  (Code, 2002)

 

8.04.070    Town Authorized Trash Haulers.

 

            A.        The Town, by and through its duly authorized agents, employees, contractors, or Town-licensed haulers, shall be the sole agency for the collection and disposal of refuse and no person except such duly authorized agents, employees, contractors, or Town-licensed haulers shall collect or dispose of any refuse, whether his own or another's within the Town. Nothing contained herein shall prevent an individual from hauling his own waste material provided that it is properly disposed of in conformity with State law and health department rules and regulations.

 

B.        The charge for Town collection of refuse will be made at the same time as the charge for the water utility service offered and furnished by the Town and such refuse charge shall be due and payable at the same time and place as the charge for the water utility service.

 

C.        The charge for Town refuse collection and the charge for water utility service are hereby declared to be parts of one debt to the Town insofar as the same or any one customer or consumer and the refusal or failure to pay any part of such debt for any monthly period of service in accordance with the rules and regulations established by the Town Board shall be sufficient cause for discontinuing water utility service and/or refuse collection.

 

D.        The amount of the charge for refuse collection service provided by the Town shall be a lien upon the property service until the same is paid.  In case of failure to pay the established charges for collection service by the owner or person having the occupancy, control, or management of any premises within thirty (30) days after the time prescribed for payment of such charges by he Town, the Town Clerk may certify such charges as assessed to the County Treasurer to be placed on such tax list for the current year to be collected in the same manner as other taxes are collected with a ten percent (10%) penalty to defray the cost of collection as provided by State law.

 

            8.04.090   Rules and Regulations.  The Town Board may promulgate rules and regulations relating to the manner of preparing and accumulating refuse and waste material for collection; the kind of containers to be used for such accumulation; the manner of, use of, and care for such containers, the location of pickup points, procedures, schedules, and such other rules and regulations as, in their discretion, are necessary or desirable in the interests of maintaining the efficiency and sanitary conditions and the refuse collection system and service within the Town; and such rules and regulations, when promulgated, shall be of the same force and effect as if incorporated in this Code.  (Code, 2002)

 

            8.04.100   Unlawful Dumping.

 

A.        It shall be prohibited for anyone who is not a Town resident to dump any trash in any of the dumpsters provided by the Town's contractor for trash hauling services.  (Code, 2002)

 

B.        The Town has provided a place within the Town limits for disposing of trees and limbs.  It shall be prohibited for anyone to dispose of any materials other than trees or limbs at such dump.  A permit for dumping trees and limbs must first be obtained from the Town Clerk. The Board of Trustees may establish a permit fee by Resolution.  (Code, 2002)

 

8.04.110   Abatement of Refuse Accumulations.  Any unreasonable accumulation of refuse on any premises is declared to be a nuisance and is prohibited.  Failure to remove any existing accumulation of refuse within thirty (30) days after notice is deemed a violation of this Chapter.  (Code, 2002).

 

8.04.120   Leaves and Tree or Grass Clippings.  It shall be unlawful for any person to burn leaves, brush, or other refuse upon the paved surface or gutter of any street in the Town or to throw or deposit garbage or refuse, or to cause the same to be thrown or deposited, upon any street, alley, gutter, park, or other public place, except that leaves and trimmings of trees, shrubs, and grass may be neatly piled in the alleys or streets along the edges so as not to obstruct passage through and along such street, alley or any sidewalk along such street, to be picked up and removed by the owner, occupant, tenant, or lessee, or by the Town, as provided in this Chapter.  (Code, 2002)

 

8.04.130   Violation – Penalty.  Any person who violates any of the provisions of this Chapter is guilty of violation of this Chapter and shall be punished as provided in Chapter 1.06 – General Penalty.

 


 

Chapter 8.08

WEEDS AND RUBBISH

 

Sections:

 

            8.08.010          Definitions.

            8.08.020          Nuisance Declared.

            8.08.030          Notice to Remove – Removal by Town

            8.08.040          Removal by Town – Assessment.

            8.08.050          Hearing on Assessment.

            8.08.060          Removal from City Property.

            8.08.070          Complaint – Penalties.

            8.08.080          Disposal of Decaying Vegetable or Animal Matter.

 

 

            8.08.010   Definitions.  As used in this Chapter:

 

            A.        Brush.  The term "brush" is defined as any volunteer growth of bushes or trees  growing out of a place and includes cuttings from trees and shrubs and any rank growth which may conceal filthy deposits or constitute a fire hazard when dry.  (Code, 2002)

 

B.        Rubbish.  The term "rubbish" is defined as unsightly material, waste products, refuse, trash, or waste lumber left piled or scattered that may become a breeding place for flies, mosquitoes or vermin or that may give off unpleasant odors or create a health or fire hazard where located.  (Code, 2002)

 

C.        Weeds.  The term "weeds" is defined as any annual or perennial herbaceous plants of volunteer growth not cultivated or useful for human food or enjoyment and which, when in blossom, exhale an unpleasant or noxious odor or give off pollen irritating to human tissues, and also any high or rank vegetable growth that may conceal filthy deposits or constitute a fire hazard when dry.  (Code, 2002)

 

            8.08.020   Nuisance Declared.  As defined in Section 8.08.010 of this Chapter, weeds, brush, and rubbish are declared to be nuisances and dangerous to public health and safety.  (Code, 2002)

 

            8.08.030   Notice to Remove -- Removal by Town.

 

            A.        At any time during the calendar year when the health and safety of the community or area is in danger, the Town Code Enforcement Officer shall cause notice to be published in one (1) newspaper in the Town notifying owners of lots or tracts of land within the town limits that all weeds must be removed, either by cutting or spraying, in accord with approved agricultural practices, and that all dry weeds, brush, or rubbish shall be removed or burned, further notifying such owners that if they fail to do so within fifteen (15) days after being notified, same will be removed, sprayed or burned under his direction and the entire cost thereof, plus five percent for inspection and incidentals, will be assessed against the lots and lands owned by them within the town limits.  (Code, 2002)

 

B.        On such expiration of the time so fixed, the Town Code Enforcement Officer shall cause all such weeds, brush, and rubbish not so removed to be removed, sprayed or burned, as the case may require and as in his judgment are a nuisance or health or fire hazard, and shall cause to be filed with the Town Clerk a statement showing the charges to be assessed against such lot, lots or tracts of land in payment of work so done, including not to exceed five percent.  (Code, 2002)

 

C.        When requested by the Town Code Enforcement Officer, it is the duty of the Public Works Superintendent to provide the materials, labor, and equipment for such removal, spraying, or burning of weeds, brush, and rubbish under the direction of the Town Code Enforcement Officer.  (Code, 2002)

 

            8.08.040   Removal bv Town -- Assessment.

 

A.        After receipt of such statement, the Town Clerk shall publish a notice to the owners of the lots or tracts of land that assessments will be made against such lots or tracts of land to provide for the cost of the removal, spraying, or burning of weeds, brush or rubbish, as provided therein; that the Board of Trustees will sit to hear objections thereto not less than fifteen (15) days after the publication of such notice; that the description of the lots and tracts of land to be assessed and the amounts of the proposed assessments to be levied thereon are on file in the office of the Town Clerk for inspection.  (Code, 2002)

 

B.        The owners shall be notified, naming them, when the proposed assessment is made by the Board of Trustees, that the same must be paid to the Town Clerk on or before thirty (30) days after the Board of Trustees has ascertained and fixed the amounts of such assessments against the lots and tracts of land and certified by the Town Clerk to the County Treasurer of Weld County, Colorado, to be collected by the County Treasurer for the Town, the same as general taxes.  (Code, 2002)

 

            8.08.050   Hearing on Assessment.  At the time and place designated in the notice of the Town Clerk that the Board of Trustees will sit to hear objections to proposed assessments against lots or tracts of land, the Board of Trustees shall hear, consider, and determine objections thereto and, as determined by the Board, the Town Clerk shall proceed to collect as provided in Section 8.08.040 of this Chapter.  The assessment, when certified by the Town Clerk to the County Treasurer, shall be a lien in the amount of the assessment against the lot or tracks of land until paid.  All moneys received by the Town Clerk in payment of assessments levied under this Chapter shall be placed in the general fund of the Town.  (Code, 2002)

 

8.08.060   Removal from Town Property.  It is the duty of the Public Works Superintendent to remove or spray all weeds growing in alleys in the Town before they become noxious or detrimental to health or a fire hazard. He shall likewise cause areas bordering sidewalks, outside lot lines, to be kept free of noxious weeds.  (Code, 2002)

 

8.08.070   Complaint -- Penalties.  Any person who, as owner or as tenant and in possession of any lot, lots or tracts of land within the Town, permits weeds, brush, or rubbish to become nuisances as defined in this Chapter, or any person who, as owner or as tenant in possession of any lots or tracts of land, fails or refuses to remove, spray, or burn weeds, brush, or rubbish, as may be required w1der the circumstances, after forty-eight (48) hours' written request of the Town Code Enforcement Marshal; or any person who as owner or as tenant in possession, refuses or fails to heed the notice provided in Section 8.08.030 of this Chapter, on complaint being made to the Town, shall be fined as provided in Section 1.06.010 of this Code, and costs to be taxed. The fact that assessments have been proposed, determined, or levied shall not prevent other penalties from being imposed for violation of the Chapter.  ( Code, 2002)

 

8.08.080   Disposal of Decaying Vegetable or Animal Matter.

 

A.        All persons are prohibited from depositing, permitting to be deposited, and from keeping or permitting to be kept, any dead animals, offal, waste, putrid, offensive or nauseous animal or vegetable substances at or on any public or private premises or place within the town limits except in lawful receptacle therefor at the town dump ground.  (Code, 2002)

 

B.        No person shall bury or cause to be buried any dead animal or fowl or part thereof within the limits of this Town. Persons having dead animals or fowl unfit for food or an animal or fowl sick or injured and past recovery or an animal or fowl in such offensive condition or conditions as to be detrimental to health on his premises shall at once remove or cause the same to be removed to a licensed rendering plant and there disposed of at his own expense.  (Code, 2002)

 


 

Chapter 8.12

USE OF PROPANE TANKS

 

Sections:

 

            8.12.010          Prohibition of Certain Propane Tanks.

            8.12.020          Notice to Abate.

            8.12.030          Abatement.

            8.12.040          Penalties.

 

 

            8.12.010   Prohibition of Certain Propane Tanks.

 

            A.        Gas service in the Town of Nunn shall be through the Greeley Gas Company or other gas utility which has been approved by the Town Board.  (Ord. 194, 1997)

 

B.        It shall be unlawful for any person to install or use a propane tank as the gas supply for heating, cooking, or other use in any structure located in the Town of Nunn.  (Ord. 194, 1997)

 

            C.        The above prohibition shall not apply to small propane tanks, not to exceed ten (10) gallons capacity, used for an outdoor grill or installed in a camper-trailer, motor home, or other such conveyance which is not used as a permanent residence or dwelling.  (Ord. 194, 1997)

 

8.12.020   Notice to Abate.  The Town Clerk shall notify the owner of record of the property on which any violation of this ordinance has occurred, by certified mail, return service or by posting on the property, that if the violation is not corrected within ten (10) days of the date of the notice, the owner will be issued a summons requiring the owner's appearance in Municipal Court to answer charges for the violation of this Ordinance, or that other appropriate enforcement action will be taken.  (Ord. 194, 1997)

 

8.12.030   Abatement.  At the expiration of the ten (10) day notice period, in addition to any other remedy, the Town of Nunn may abate any violation of this Ordinance as a "nuisance" and obtain appropriate injunctive relief in any Court having jurisdiction.  (Ord 194, 1997)

 

8.12.040   Penalties.  Any person, firm, or corporation violating this Ordinance or any provision is guilty of a civil violation and, upon conviction thereof, shall be punished as provided in Section 1.12.010 of this Code.  Each day during which such violation continues shall be deemed a separate offense.  (Code, 2002)