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Sec. 10-81. - Defined generally.#
The following matters, things, conditions or acts are a public nuisance and injurious to the health of the inhabitants of the town: (1)
The open burning of any garbage, refuse, debris, trash, animal, fish or vegetable substance or other like items; except the controlled burning of wood such as a campfire.
(2)
The existence or presence of any water or other liquid in which mosquito larvae breed or exist and/or the outflow or runoff of water in such a manner that it collects in a low lying area of, or erodes soil and sediment on an adjoining or neighboring land or street.
(3)
The existence or presence of any accumulation of filth, debris, garbage, refuse, manure, animal, fish or vegetable matter, including shells, which may attract flies or birds and to which flies or birds have access or in which fly larvae or pupae breed or exist, and/or which create an objectionable odor.
(4)
Depositing, accumulating or maintaining any matter or thing which serves as food for insects or rodents and to which they may have access or which serves or constitutes a breeding place or harborage for insects or rodents in or on any land, premises, building or other place.
(5)
Depositing, piling, accumulating, or maintaining any uncovered natural earth materials, including but not limited to soil, mulch, loam, stone, sand, and leaves, shall be considered a nuisance. The following are actions that can be taken to cover the piles so as to address the nuisance: covering all exposed materials with a tarp or some similar device; or by chemical mitigation including but not limited to calcium chloride or magnesium chloride treatment; or by erecting a screen or barrier; or for piles that are not being worked on a regular basis, hydro seeding or planting of grass or wild vegetation/ground cover that will contain and/or stabilize the earth materials. In order for such materials to be considered not a nuisance, all such covers must prevent the material from being transported by wind and/or water erosion. Piles of earth materials that are being worked on a regular basis shall be covered or otherwise stabilized to prevent wind and/or water erosion on a daily basis. Actions must be successful at preventing wind and/or water erosion in order to be considered compliant with this chapter.
(Code 1972, § 9-1; Ord. No. 2000-18, 7-12-00; Ord. No. 2005-21, 5-18-05; Ord. No. 2007-13, 3-21-07)
Sec. 10-82. - Abatement procedures.#
Whenever it shall appear to the satisfaction of the town building official that there exists upon any premises a public nuisance, including but not limited to those listed in section 10-81, the town council or its designee may cause the owner or occupant of such premises to be notified pursuant to the procedures set forth in G.L. § 23-19.2-5, of the existence of the public nuisance and to abate such nuisance by appropriate means, which may include removal and/or containment of materials. If such public nuisance is not abated within 24 hours of such notice, or repeated after notice, such owner or occupant shall, for each and every day such public nuisance is allowed to remain or continue or is created after the notice, be in violation of this Code and shall be fined $50.00 to be recovered to and for the use of the town.
(Code 1972, § 9-2; Ord. No. 2000-18, 7-12-00)
Sec. 10-83. - Responsibility for cleanliness, etc., of private ways.#
Any person owning or having control of any premises abutting on a private way, and having the right to use such private way, shall, when ordered by the town council, in writing, remove or abate from that part of such private way adjoining such premises any substance, material or condition which is or may become a nuisance, and such removal or abatement shall take place within the time specified in such order.
(Code 1972, § 9-3)
Sec. 10-84. - Removal of nuisance by the town; expenses.#
If the owner or occupant fails to comply with any order to remove or abate provided for in this article, the town council may cause the nuisance to be removed, and all expenses incurred thereby shall be paid by the owner or occupant. Any expenses, including costs and interest, not paid within 30 days after notice is served in accordance with G.L. § 23-19.2-5 shall be a lien against the real property.
(Ord. No. 2000-18, 7-12-00)