LITTER

Gilbert Town Code ch. 42, art. VII, div. 2

in effect

Gilbert Town Code § 42-231 Definitions.

Sec. 42-231. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Litter means all solid waste not contained or prepared for pick-up by the town or a commercial solid waste contractor that is visible from beyond the boundaries of the property on which it is located when viewed from any public place or from private property at a height of six feet or less above the grade of the site on which the litter is located. Litter shall include, but shall not be limited to the following: (a) Garbage, street cleanings, severed plant growth, dead animals, automobile parts, solid commercial and industrial waste, paper, empty barrels, crates, packing cases, boxes, cartons, packing material, wrappings, cardboard, wood, landscape clippings, leaves, metal, mattresses, bedding, household furniture and appliances, crockery, cans, cloth, glass, plaster, plastic, asphalt, tile rock, bricks, clean fill, fill dirt, excavation material or rubbish; (b) Non-cultivated plant material grown to a height of over ten inches, except in a properly cultivated pasture or agricultural field; (c) Notwithstanding the above, stored material not visible from beyond the property upon which it is located is not litter, unless the storage of such material presents a hazard to the health or safety of any person. (d) Bulk trash properly prepared and placed for pickup in compliance with chapter 66 of this code is not litter. Private property means any dwelling, house, building or other structure designed or used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant; shall include any yard, grounds, walk, driveway, porch, steps or vestibules belonging or appurtenant to such dwelling, house, building or other structures; and shall also mean any uninhabited or vacant land or field, whether or not connected to or appurtenant to a structure. Public place means any and all streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, squares, spaces, grounds and buildings. (Code 1984, § 11-2-1; Ord. No. 2315, § I, 12-9-10)

Gilbert Town Code § 42-232 Placement of debris.

Sec. 42-232. - Placement of debris. (a) No person shall throw or deposit litter on any public place or on any occupied or unoccupied private property within the town, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles or collection in such manner that litter will be prevented from being carried or deposited by the elements upon any public place. (b) Any person who shall place any rubbish, trash, filth or debris upon any private or public property not owned or under the control of such person shall be guilty of a misdemeanor and, in addition to any fine which may be imposed for violation of any provisions of this division, shall be liable for all costs which may be assessed pursuant to this division for the removal of such rubbish, trash, filth or debris. (Code 1984, § 11-2-2)

Gilbert Town Code § 42-233 Owner to maintain premises.

Sec. 42-233. - Owner to maintain premises. The owner or person in control of any private property shall at a all times maintain the premises free of litter; provided, however, that this division shall not prohibit the storage of litter in authorized private receptacles for collection. Any person found to be in violation of this section shall be responsible for a civil offense. Each and every day that the violation continues shall constitute a separate violation. (Code 1984, § 11-2-3; Ord. No. 2315, § I, 12-9-10)

Gilbert Town Code § 42-234 Notice to remove.

Sec. 42-234. - Notice to remove. To compel the removal of litter through the provisions of this division, if a person owning or controlling any property fails, neglects or refuses to remove or properly dispose of litter located on property owned or controlled by such person he shall be given written notice by the town to remove all litter from such property within 30 days from the date the notice was received by him, and prior to the date of compliance on the notice. Such notice shall be received not less than 30 days before the date set thereon for compliance, and shall contain an estimate of the cost of removal by the town, a statement that unless the person owning or controlling such property complies therewith within 30 days from the date such written notice is received that the town will, at the expense of the person owning or controlling such property, perform the necessary work at a cost not to exceed the estimate given in the notice and that such person may appeal in writing to the council within 30 days from the date the notice is received by him and prior to the date of compliance. (Code 1984, § 11-2-5)

Gilbert Town Code § 42-235 Service of notice.

Sec. 42-235. - Service of notice. Notice shall be personally served on the owner or person controlling such property by the code compliance officer, in the manner provided in Rule 4(d) of the Arizona Rules of Civil Procedure, or mailed to the owner or person controlling such property at his last known address by certified or registered mail, or the address to which the tax bill for the property was last mailed. If the owner does not reside on such property, a duplicate notice shall also be sent to him by certified or registered mail at his last known address. (Code 1984, § 11-2-6; Ord. No. 1363, § I.6., 8-21-01)

Gilbert Town Code § 42-236 Appeal to council.

Sec. 42-236. - Appeal to council. Prior to the date for compliance on the notice, the owner or person controlling such property may appeal in writing to the council from the demand of the code compliance officer. The council shall, at its next regular meeting after receiving the appeal, hear and determine the same, and the decision of the council shall be final. The council may either affirm or reverse the decision of the code compliance officer or modify the scope of the work as required in the notice. (Code 1984, § 11-2-7; Ord. No. 1363, § I.6., 8-21-01)

Gilbert Town Code § 42-237 Removal by town.

Sec. 42-237. - Removal by town. When any such person to whom notice has been given, and on or before the date of compliance on the notice, or within such further time as may have been granted by the council on appeal, fails, neglects or refuses to remove from such property any or all litter, the code compliance officer is authorized and directed to cause same to be removed and disposed of at the expense of the owner or person controlling such property. Upon completion of the work the code compliance officer shall prepare or cause to be prepared, a verified statement of account of the actual cost of such removal or abatement, the date the work was completed, and the street address and the legal description of the property on which such work was done, including an additional charge of five percent for inspection and other incidental costs in connection therewith, and shall serve a duplicate copy of such verified statement upon the person owning or controlling such property in a manner prescribed in section 42-235. The owner or person controlling such property shall have 30 days from the date of service upon him to appeal in writing to the council from the amount of the council within such 30-day period, then the amount of assessments, as determined by the code compliance officer, shall become final and binding. If an appeal is taken, the council shall, at its next regular meeting, hear and determine the appeal and may affirm the amount of the assessment, modify the amount thereof or determine that no assessment at all shall be made. The decision of the council shall be final and binding on all persons. (Code 1984, § 11-2-8; Ord. No. 1363, § I.6., 8-21-01)

Gilbert Town Code § 42-238 Lien for removal.

Sec. 42-238. - Lien for removal. If no appeal is taken from the amount of the assessment, or if an appeal is taken and the council has affirmed or modified the amount of the assessment, the original assessment or the assessment, as so modified, shall be recorded in the office of the county recorder and, from the date of its recording, shall be a lien on the lot or tract of land until paid. Such liens shall be subject and inferior to the lien for general taxes and to all prior recorded mortgages and encumbrances of record. A sale of the property to satisfy a lien obtained under the provisions of this section shall be made upon judgment of foreclosures or order of sale. The town shall have the right to bring an action to enforce the lien in the superior court at any time after the recording of the assessment. Failure to enforce the lien by such action shall not affect its validity. The recorded assessment shall be prima facie evidence of the truth of all matters recited therein, and of the regularity of all proceedings prior to the recording thereof. A prior assessment for the purposes provided in this section shall not be a bar to a subsequent assessment for such purposes, and any number of liens on the same lot or tract of land may be enforced in the same action. (Code 1984, § 11-2-9)

Source: Town of Gilbert, Arizona, Town Code (Municode Library, library.municode.com)URL: https://library.municode.com/az/gilbert/codes/code_of_ordinances?nodeId=CO_CH42OFABPUNU_ARTVIIOFINPUHESA_DIV2LIFetched: 11/1/2026