A. Enforcement Officers Designated: All law enforcement officers, Solid Waste Department personnel, or other designees of the Board of County Commissioners shall be the enforcement officers of this chapter. (Ord. 2001-01, 1-8-2001)
B. Penalty Imposed: Any person, firm or corporation who fails to comply with, or violates, any of the provisions of this chapter is guilty of a misdemeanor punishable as provided in section 1-4-1 of this Code. Each day that a violation of this chapter exists is considered a separate offense. (Ord. 2001-01, 1-8-2001; amd. 2018 Code)
C. Abatement By County; Landowner Liable For Costs: The County may abate any violation of this chapter and bill the landowner for the costs incurred after there has been a legal determination that a violation has occurred. Landowners may be assessed a forty dollar ($40.00) processing fee plus any and all removal costs. This section is not intended to replace or limit the power of a court to order a defendant in a criminal action to pay cleanup and abatement costs as restitution pursuant to Idaho Code sections 19-5304 and 19-5305.
D. Notice Of Violation To Landowner; Time Limit For Removal: If solid waste accumulates on private property in violation of this chapter, Bingham County will give the landowner notice either in person or in writing to remove the items within a reasonable time frame not to exceed ten (10) days. If the item or items are not removed, Bingham County may hire a contractor or remove the items with County personnel at the landowner's expense. Landowners may be assessed a forty dollar ($40.00) processing fee plus any and all removal costs.
E. Abatement Of Risks: The cleanup costs contemplated in any of the forgoing subsections include the consequential costs of abating any public health concern, safety issue, or other risk associated with any violation of this chapter. In abating these risks, the County may hire a contractor or use County personnel to correct the problem and charge the costs to the violator.
F. Additional Remedies: In addition to the forgoing remedies and penalties, other appropriate action may be taken pursuant to Idaho Code section 31-4406 or any other remedy at law or in equity to prevent unlawful disposal and transportation of solid wastes, to recover damages, to restrain, correct, or abate a violation of this chapter. (Ord. 2001-01, 1-8-2001)