(A) 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, nor more than $1,000 for each offense. Each day a violation shall occur or continue shall be deemed a separate and distinct offense. Citations for violations of this chapter may be issued by the enforcement authority or by any sworn officer of the Kokomo Police Department. The Uniform Traffic Citation may be utilized for the purpose of evidencing violation of this chapter. Enforcement shall be in effect by the filing of a civil suit seeking judgment in the amount of the fine imposed, plus court costs. (Ord. 6019, passed 12-17-96)
(B) (1)In addition to any other costs imposed under §§ 99.30 through 99.40, any person who is found to have violated §§ 99.30 through 99.40, or willfully or negligently failed to comply with any provision of §§ 99.30 through 99.40 or with any orders issued thereunder, 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 §§ 99.30 through 99.40 may be issued by the enforcement authority. The Uniform Traffic Citation may be utilized for the purpose of evidencing violation of §§ 99.30 through 99.40. Enforcement shall be in effect by the 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 Howard County Recycling District in enforcing §§ 99.30 through 99.40 or adopted ordinances by eligible entities related to §§ 99.30 through 99.40 shall become a lien on property owned by the person or persons as afforded by IC 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.
(5) In matters involving a health and/or vector hazard, the Howard County Recycling District Director, Compliance Officer(s) or designee(s) may conduct investigation and enforcement according to laws governing public health under the Director's supervision. The Director of the Howard 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.
(6) The Howard 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.
(7) Any person or persons identified violating §§ 99.30 through 99.40 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 Howard County Recycling District Director reserves the right to abate the nuisance through the use of private contractors or the public workforce.
(8) 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 of or recycle the material. Evidence will be forwarded to the enforcement authority for further action.
(9) 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.
(10) Either abatement of the violation or a request for appeal must be filed with the Howard County Recycling District's Board of Directors within the time frame designated in the notice for the identified person or property owner to dispute fines, an order to appear, or other legal action.
(C) Any person who is found to have a chronic nuisance property shall be assessed a fine after receiving three violations in a 30 day period. The owner shall be subject to the following civil penalties:
(1) Two hundred fifty dollars ($250.00) for the first violation at a chronic nuisance property;
(2) Five hundred dollars ($500.00) for the second violation at the same chronic nuisance property; and
(3) Two thousand five hundred ($2,500.00) for the third and any subsequent violation(s) at the same chronic nuisance property.
(Ord. 6549, passed 8-25-08; Am. Ord. 6825, passed 4-25-16)