Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                       H.382
                                                               Page 1 of 7
                                      H.382
 Introduced by Representative Satcowitz of Randolph
 Referred to Committee on
 Date:
 Subject: Municipal government; regulatory provisions; miscellaneous
          regulatory powers; maintenance and cleaning of premises
 Statement of purpose of bill as introduced: This bill proposes to authorize
 municipalities to adopt an ordinance that extends State and local enforcement
 authority concerning scrapyards to any premises within the municipality that
 constitutes a public nuisance due to the accumulation of rubbish, scrap, junk,
 or abandoned vehicles.
    An act relating to municipal ordinances governing nuisance properties
    containing salvage and scrap
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 10 V.S.A. § 6618 is amended to read:
 § 6618. WASTE MANAGEMENT ASSISTANCE FUND
                                      ***
    (b) The Secretary may authorize disbursements from the Solid Waste
 Management Assistance Account for the purpose of enhancing solid waste VT LEG #365462 v.3
     BILL AS INTRODUCED                                                           H.382
                                                                   Page 2 of 7
 management in the State in accordance with the adopted waste management
 plan. This includes:
                                        ***
       (8) Grants to municipalities for soil testing and cleanup on properties
 foreclosed upon pursuant to 32 V.S.A. chapter 9. Grants issued pursuant to
 this subdivision shall not exceed $250,000.00.
       (8)(9) The costs, not related directly to capital construction projects, that
 are incurred by a district, or a municipality that is not a member of a district, in
 the design and permitting of implementation programs included in the adopted
 Solid Waste Implementation Plan of the district or of the municipality that is
 not a member of a district. These disbursements shall be issued in the form of
 advances requiring repayment. These advances shall bear interest at an annual
 rate equal to the interest rate that the State pays on its bonds. These advances
 shall be repaid in full by the grantee not later than 24 months after the advance
 is awarded.
       (9)(10) The Secretary shall annually allocate 20 percent of the receipts
 of this account, based on the projected revenue for that year, for
 implementation of the Plan adopted pursuant to section 6604 of this title and
 Solid Waste Implementation Plans adopted pursuant to 24 V.S.A. § 2202a.
       (10)(11) The costs of the proper disposal of waste tires. Prior to
 disbursing funds under this subsection, the Secretary shall provide a person VT LEG #365462 v.3
     BILL AS INTRODUCED                                                          H.382
                                                                  Page 3 of 7
 with notice and opportunity to dispose of waste tires properly. The Secretary
 may condition a disbursement under this subsection on the repayment of the
 disbursement. If a person fails to provide repayment subject to the terms of a
 disbursement, the Secretary may initiate an action against the person for
 repayment to the Fund or may record against the property of the person a lien
 for the costs of cleaning up waste tires at a property.
                                        ***
 Sec. 2. 24 V.S.A. § 2201 is amended to read:
 § 2201. THROWING, DEPOSITING, BURNING, AND DUMPING
          REFUSE; PENALTY; SUMMONS AND COMPLAINT
                                        ***
    (b) Prosecution of violations.
       (1) A person who violates a provision of this section commits a civil
 violation and shall be subject to a civil penalty of not more than $800.00.
       (2) A person who violates a provision of this section may be required to
 dispose of all materials improperly disposed of at a solid waste management
 facility. Failure to comply with this subdivision shall result in a fine of not
 more than $100.00 per day.
    (c) Procedure.
       (1) This violation shall be enforceable in the Judicial Bureau pursuant to
 the provisions of 4 V.S.A. chapter 29 in an action that may be brought by a VT LEG #365462 v.3
     BILL AS INTRODUCED                                                         H.382
                                                                 Page 4 of 7
 municipal attorney, a solid waste management district attorney, an
 environmental enforcement officer employed by the Agency of Natural
 Resources, a designee of the legislative body of the municipality, or any duly
 authorized law enforcement officer.
       (2) If the throwing, placing, or depositing was done from a snowmobile,
 vessel, or motor vehicle, except a motor bus, there shall be a rebuttable
 presumption that the throwing, placing, or depositing was done by the operator
 of the snowmobile, vessel, or motor vehicle.
       (3) Nothing in this section shall be construed as affecting the operation
 of an automobile graveyard or salvage yard as defined in section 2241 of this
 title permitted in accordance with subchapter 10 of this chapter, nor shall
 anything in this section be construed as prohibiting the installation and use of
 appropriate receptacles for solid waste provided by the State or towns.
       (4) Unpaid civil penalties or fines that are imposed pursuant to this
 section shall constitute a lien on the property in the same manner and to the
 same extent as taxes assessed on the grand list, and all procedures and
 remedies for the collection of taxes shall apply to the collection of the penalties
 or fines.
    (c)(d) Roadside cleanup. A person found in violation of this section may
 be assigned to spend up to 80 hours collecting trash or litter from a specified
 segment of roadside or from a specified area of public property.
                                                                        VT LEG #365462 v.3
     BILL AS INTRODUCED                                                         H.382
                                                                 Page 5 of 7
    (d) [Repealed.]
                                       ***
 Sec. 3. 24 V.S.A. § 2241 is amended to read:
 § 2241. DEFINITIONS
                                       ***
       (16) “Unauthorized salvage yard” means any place of outdoor storage or
 deposit for storing, keeping, processing, buying, or selling junk, as a scrap
 metal processing facility, or as an automobile graveyard operating for more
 than 90 days without certification as required by section 2242 of this title.
 Sec. 4. 24 V.S.A. § 2246 is amended to read:
 § 2246. EFFECT OF LOCAL ORDINANCES
    (a) This subchapter shall not be construed to be in derogation of zoning
 ordinances or ordinances for the control of salvage yards now or hereafter
 established within the proper exercise of the police power granted to
 municipalities, if those ordinances impose stricter limitations upon salvage
 yards. If the limitations imposed by this subchapter are stricter, this subchapter
 shall control.
    (b) The legislative body of a municipality may adopt an ordinance pursuant
 to subdivision 2291(30) of this title to extend the regulatory authority
 established in this subchapter to any premises that constitutes a public nuisance
 due to the accumulation of rubbish, scrap, junk, or abandoned vehicles,
 provided that the ordinance shall otherwise be consistent with this subchapter.
                                                                        VT LEG #365462 v.3
     BILL AS INTRODUCED                                                          H.382
                                                                  Page 6 of 7
 Sec. 5. 24 V.S.A. § 2282 is amended to read:
 § 2282. PENALTY
    (a) A person who violates this subchapter shall be fined not less than $5.00
 nor more than $50.00 for each day of the violation.
    (b) Unpaid civil penalties or fines that are imposed on an unauthorized
 salvage yard premises shall constitute a lien on the property pursuant to
 subdivision 2201(c)(4) of this title.
 Sec. 6. 24 V.S.A. § 2291 is amended to read:
 § 2291. ENUMERATION OF POWERS
    For the purpose of promoting the public health, safety, welfare, and
 convenience, a town, city, or incorporated village shall have the following
 powers:
                                         ***
       (30) To extend the regulation of salvage yards, pursuant to section 2246
 of this title, to any premises that constitutes a public nuisance due to the
 accumulation of rubbish, scrap, junk, or abandoned vehicles. The municipality
 may determine that a premises constitutes a public nuisance when it interferes
 with common public rights in a manner that endangers the property or the
 health and safety of a considerable number of persons for a period of 90 days
 or more without authorization pursuant to section 2242 of this title. The
 legislative body may direct the property owner to clean any premises that does VT LEG #365462 v.3
     BILL AS INTRODUCED                                                         H.382
                                                                 Page 7 of 7
 not receive a certificate of approved location pursuant to section 2242 of this
 title; provided that the legislative body has adopted rules to define what
 constitutes a public nuisance in this context and includes provisions for notice
 in accordance with 32 V.S.A. § 5252(a)(3) to the property owner prior to
 imposing penalties or fines. Any unpaid civil penalties or fines imposed
 pursuant to this subdivision shall constitute a lien on the property in the same
 manner and to the same extent as taxes assessed on the grand list, and all
 procedures and remedies for the collection of taxes shall apply to the collection
 of those expenses.
 Sec. 7. EFFECTIVE DATE
    This act shall take effect on July 1, 2023.
                                                                        VT LEG #365462 v.3
Statutes affected: 
As Introduced: 10-6618, 24-2201, 24-2241, 24-2246, 24-2282, 24-2291