Burbank Municipal Code Art. 3 Antilitter Provisions

As used in this article the word “litter” shall mean, but not be limited to, garbage and solid waste, as defined in Section 4-2-101 of this chapter; abandoned motor vehicles, junk, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a nuisance or a danger to public health, safety and welfare. Newspapers placed on private property shall not be deemed to be litter provided they are reasonable in number and are deposited in such manner as to prevent their being carried away by the elements and are removed within a reasonable time thereafter. [Formerly numbered Section 24- 27; Amended by Ord. No. 3323, eff. 1/2/93; 3058.]

No person shall throw or deposit litter in or upon any street, alley, parkway, sidewalk or other public place within the City except in public containers or in authorized private containers or City owned and provided solid waste, green waste, or recyclable material containers for collection. [Formerly numbered Section 24-28; Amended by Ord. No. 3323, eff. 1/2/93; 3058.]

Persons placing litter in public, authorized private, and City owned containers shall do so in such a manner as to prevent the litter from being carried away or moved by the elements. [Formerly numbered Section 24-29; Amended by Ord. No. 3323, eff. 1/2/93; 3058.]

No person shall sweep, rake, hose, blow or otherwise place litter from any public or private place into any gutter, sidewalk, parkway, alley, street or other public place within the City except for the express purpose of consolidating such litter to aid in its immediate removal. [Formerly numbered Section 24-30; renumbered by Ord. No. 3058, eff. 2/21/87; 2978.]

Persons owning or occupying property shall keep the sidewalk, parkway, gutter and alley in front of or adjacent to the side or rear of their property free of litter. [Formerly numbered Section 24-31; renumbered by Ord. No. 3058, eff. 2/21/87.]

No person shall throw or deposit litter on any private property within the City, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private containers or City owned and provided containers for collection in such a manner that litter will be prevented from being carried away by the elements. [Formerly numbered Section 24-32; Amended by Ord. No. 3323, eff. 1/2/93; 3058.]

The owner or person in control of any private property shall at all times maintain the premises free of litter. Provided, however, that this section shall not prohibit the storage of litter in authorized containers for collection. [Formerly numbered Section 24-33; Amended by Ord. No. 3323, eff. 1/2/93; 3058.]

No person shall throw or deposit litter on any open or vacant private property within the City whether owned by such person or not. [Formerly numbered Section 24-34; renumbered by Ord. No. 3058, eff. 2/21/87.]

A. Notice To Remove Litter: The Public Works Director is hereby authorized and empowered to notify the owner of any private property within the City, or the agent of such owner, to properly dispose of litter then on such owner’s property, or on the sidewalk, parkway, gutter or alley in front of or adjacent to the side or rear of such owner’s property, in violation of the provisions of this code. Such notice shall be by certified mail, addressed to such owner or agent at their last known address. A copy of said notice shall also be posted on the property.

B. Period During Which Owner Or Agent Shall Dispose Of The Litter: The owner or agent of such owner shall be given five (5) days within which to dispose of the litter described in the notice. The day of posting the notice shall be excluded in computing such period and no litter shall be removed by the Public Works Director until such period has expired.

C. Form of Notice: The notice shall describe the work to be done and shall state that if the work is not commenced within five (5) days after notice is given and diligently prosecuted to completion without interruption, the Public Works Director shall dispose of the litter and the cost thereof shall be a lien on the property. The notice shall be substantially in the following form:

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commonly known as _____ is hereby ord

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within five (5) days from the date hereof. If the disposal of the litter herein indicated is not commenced and diligently prosecuted to completion w property, pursua

D. Public Works Director To Keep Record: The Public Works Director shall cause to be kept in their office a permanent record containing: 1) a description of each parcel of property for which notice to dispose of litter has been given, 2) the name of the owner, if known, 3) the date on which such notice was mailed and posted, 4) the charges incurred by the City in disposing of the litter, and all incidental expenses in connection therewith, and 5) a brief summary of the work performed. Each such entry shall be made as soon as practicable after completion of such act.

E. Action Upon Noncompliance: Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of the litter within five (5) days after notice has been given as hereinbefore provided, or within twenty (20) days after the date of mailing such notice in the event the United States Postal Service is unable to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the Public Works Director is hereby authorized and empowered to pay for the disposal of such litter out of City funds and to order its disposal by City forces. Neither the City, members of the Council, Public Works Director, nor any officers, employees or agents of the City shall be personally liable for any bodily injuries or property damage arising under any contract made or work performed pursuant to the provisions of this section. The Public Works Director and their authorized representatives, including any contractor with whom they contract hereunder, and assistants, employees, or agents of such contractor, are hereby authorized to enter upon said property for the purpose of disposing of the litter described in the notice. Before the Public Works Director or their authorized representative or contractor arrives, any property owner may dispose of the litter at their own expense.

F. Charge To Owner: When the City has effected the removal of such litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of seven percent (7%) per annum from the date of the completion of the work, if not paid prior thereto, shall be charged to the owner of such property and the owner, or their agent, shall be billed therefor by mail. The bill shall apprise the owner that failure to pay the bill will result in a lien.

G. Recorded Statement Constitutes Lien: Where the full amount due the City is not paid by such owner within thirty (30) days after disposal of the litter, then, and in that case, the Public Works Director shall cause to be recorded with the City Treasurer a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said litter disposal work was done. The recordation of such sworn statement shall constitute a lien on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be subject to a delinquent penalty of ten percent (10%) in the event same is not paid in full on or before the date the amount due becomes a lien. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest and costs, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. The City Treasurer may record said lien with the County Recorder. [Formerly numbered Section 24-35; Amended by Ord. No. 3323, eff. 1/2/93; 3058.]