(BCC Ord. 1993-24, passed 6-28-93)
(B) (1) In addition to any other costs imposed under this chapter, any person who is found to have violated this chapter, or willfully or negligently failed to comply with any provision of this chapter or with any orders issued hereunder, shall be fined not less than $100, and no more than $2,500 for each offense. Each day a violation shall occur or continue shall be deemed a separate and distinct offense.
(2) Citations for violations of this chapter may be issued by the Enforcement Authority. The Uniform Traffic Citation may be utilized for the purpose of evidencing violation of this chapter. Enforcement shall be in effect by die filing of a civil suit seeking judgment in the amount of the fine imposed, plus court costs.
(3) All expenses including fines and abatement costs incurred by the County Recycling District in enforcing this chapter or adopted ordinances by eligible entities related to this chapter shall become a lien on property owned by the person or persons as afforded by I.C. 36-1-6-2. The lien shall be placed and recorded on the property tax duplicated and collected from the owner as taxes are collected.
(4) A clean-up fund is hereby established in the operating budget of the County Recycling District. This fund shall be established for the purpose of accounting and paying for the costs of investigating, enforcing and cleaning up properties in violation of this chapter.
(5) In matters involving a health and/or vector hazard, the County Recycling District Director, Compliance Officer(s) or designees may conduct investigation and enforcement according to laws governing public health under the Director's supervision. The Director of the County Recycling District may designate some other person as the enforcement authority to conduct investigation and enforcement according to laws governing public health as needed.
(a) The County Recycling District's Board of Directors shall be empowered to order the abatement of nuisance solid waste accumulation, illegal dumping, and littering and to issue orders and fines as designated.
(b) Any person or persons identified violating this chapter, shall be subject to the following schedule for abatement: The Compliance Officer(s) or designee(s) shall notify the person of an alleged violation. Depending upon the extent of the violation, the notice will state that violation abatement must occur within a reasonable length of time between ten days and 60 days from the date of notice. If abatement does not occur within the stated length of time, the County Recycling District Director reserves the right to abate the nuisance through the use of private contractors or the public work force.
(6) If a small amount of trash, litter or recycling is found on public land, designated county employees or other agents may search the material for identification evidence and then properly dispose or recycle the material. Evidence will be forwarded to the Enforcement Authority for further action.
(7) The owner of property on which improper disposal acts have occurred may be included as a party of an enforcement action against a person who committed the violation for the purposes of obtaining access to the land to clean up and properly dispose of the wastes.
(8) Either abatement of the violation or a request for appeal must be filed with the County Recycling District's Board of Directors within the time frame designated in the notice for the identified person or property owner to dispute tines, an order to appear, or other legal action.
(Ord. 2008-BCC-21, passed 6-16-08)