STATE OF ALABAMA COUNTY OF DEKALB Ordinance Number:
07-01-2019
CITY OF RAINSVILLE
AMENDMENT TO ZONING ORDINANCE 08-15-1983 TO INCLUDE SECTION 8-2-4
REQUIRING CONSTRUCTION SITE CLEANUP
WHEREAS, the Mayor and City Council of Rainsville, Alabama have determined that with the increased building and construction occurring in the City of Rainsville, Alabama, in order to protect the health, safety, and welfare of residents of the City of Rainsville, Alabama, there is a need for certain rules and regulations regarding building and construction site cleanup.
WHEREFORE, it is
RESOLVED as follows:
At all times during every construction/remodel project for which a building permit is required to be issued by the City of Rainsville, Alabama, the owner of the property where the construction occurs shall cause a 10 to 40 yard roll off style dumpster or dump truck to be situated upon the construction site in a location which complies with the City of Rainsville’s setback lines. Such dumpsters or dump trucks shall be used during the construction project for depositing and disposal of garbage, rubbish, and construction/demolition waste.
The dumpster or dump truck must not remain on the property for more than six months unless a request is made with the City of Rainsville to allow such dumpster or dump truck to remain on the property for a longer time, and a time line for continued dumpster/dump truck use on the property must be presented to and approved by the City Revenue officer.
Further, the land owner must cause the dumpster or dump truck to remove and haul away such garbage, rubbish, and construction/demolition waste to an appropriate land fill from the construction site as needed when the same becomes full.
The term “waste” includes but is not limited to building materials, packaging, and rubble resulting from construction, remodeling, repair, or demolition operations on houses, commercial buildings, and other structures, and includes, but is not limited to, masonry materials, sheet rock, roofing waste, insulation (not including asbestos), scrap metal, and wood products, uncontaminated concrete, soil, brick, waste asphalt paving, ash resulting from the combustion of untreated wood, rock, and similar materials.
A property owner and/or building contractor, and/or their agents and employees may not at any time bury or burn such items listed above.
If a contractor applies for and obtains the building permit, then he/she has an obligation to notify landowner of these rules; and the landowner has an obligation to follow these rules even if he/she did not apply for or obtain the building permit in his/her name.
In addition to a commercial dumpster or dump truck, the property owner shall ensure that at all times during every construction project, there shall be a portable toilet situated upon the premises which shall remain usable and be cleaned in accordance with industry standards for maintenance of portable toilets. The portable toilet must not remain on the property for more than six months unless a request is made with the City of Rainsville to allow such portable toilet to remain on the property for a longer time, and a time line for continued use on the property must be presented to and approved by the City.
Each day of non-compliance with this Ordinance shall be considered a separate offense. Penalties for Violations of this Ordinance may include a fine not to exceed $500.00 per violation, and a sentence of imprisonment of up to six months per violation. Additionally, any building permit issued for a landowner in violation of the Ordinance will be subject to revocation.
This ordinance hereby is incorporated into the existing Rainsville Zoning Ordinance as Section 8-2-4.
Further, Mayor Rodger Lingerfelt and Kelly Frazier, the Rainsville City Clerk, are the proper officers to execute and attest this Ordinance, and shall execute and attest the same. The same shall be published in accordance with the law.
YEAS __________ NAYS __________ ABSENT __________
IN WITNESS WHEREOF, the MAYOR and CITY COUNCIL of the CITY OF RAINSVILLE, ALABAMA have duly adopted this Ordinance and caused it to be executed by the officers below in duplicate on this 1st day of July, 2019.
CITY OF RAINSVILLE, ALABAMA
By: Rodger Lingerfelt
Its: Mayor
Attested by:
By: Kelly Frazier
Its: City Clerk
Publish: July 18, 2019.
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