(A) The Lake County Sheriff's Department and members of the Lake County Solid Waste Management Board shall exercise enforcement powers under this chapter and all complaints alleging the existence of a violation of this chapter shall be filed with the Lake County Sheriff's Department or the Solid Waste Management Board.
(B) The Sheriff's Department or a Member of the Solid Waste Management Board shall promptly inspect the premises or cause them to be inspected and shall make a written report of the findings of the inspection. Whenever practicable, photographs of the premises shall be attached to the written report. The Lake County Sheriff's Department or the Solid Waste Management Board shall keep all such written reports on file.
(C) The owner of the refuse shall be presumed responsible for its dumping. Proof of ownership of any refuse found on any property of another shall be prima facie evidence of a violation of this chapter. Evidence the owner of the refuse reasonably relied upon his or her agent or another to properly dump the refuse shall be an affirmative defense to the § 99.99. However, the owner shall remain responsible for the removal of the refuse and shall be subject to all other sections of this chapter pertaining to the removal of the refuse.
(D) Upon determining a violation of this chapter exists, the Sheriff's Department or the Solid Waste Management Board shall notify the person violating the chapter in writing, mailed to the person.
(E) The notice under division (3) below required to be sent to the person violating this chapter shall:
(1) State a $10,000 penalty has been assessed as provided in § 99.99;
(2) Specifically describe the violation;
(3) Direct the abatement of the violation and the removal the refuse within three days of service of the notice;
(4) State the failure of the person to abate the violation and remove the refuse shall be deemed an implied consent for the county to remove the refuse;
(5) Inform the person should he or she not abate the violation and remove the refuse within either the 24 hours or the three days allowed under division (F) below, the county may abate the violation and remove the refuse under this implied contractual consent; and
(6) State that should the county abate the violation and remove the refuse, the person shall be charged for all costs and expenses incurred by the county.
(F) If the violation constitutes an immediate threat to the public health and safety, the Sheriff's Department or the Solid Waste Board may demand the abatement of the violation and removal of the refuse within 24 hours of the time of notification of the violation. Otherwise, the person violating this chapter shall abate the violation and remove the refuse within three days from the date service of the notice.
(G) A person's failure to remove the refuse within the time allowed under division (F) above shall be deemed an implied consent for the county to abate the violation and remove the refuse. The implied consent shall be deemed to form a contract between the person and the county. The county shall pursue legal action to collect fines or other penalties allowed by law to abate the violation and recover the removal costs.
(H) Costs and expenses incurred by the county under this section for the abatement of the violation and removal of the refuse shall include, but not be limited to, the actual costs and expenses in time of county employees or county authorized contractors, materials, transportation to and from the property, title searches or certifications, and reasonable attorney's expenses and court costs.
(I) Should the costs of abating the violation and removing the refuse or the penalties assessed by the county remain unpaid by the person, the county may file a lien upon the real property of the person violating this chapter, commence court proceedings seeking a personal judgment from the person, or for the impoundment of the vehicle used in the dumping.
(J) (1) Should the county exercise its right to file a lien upon the real property of the person as provided under division (I) above, the county shall file a notice of lien in the office of the Lake County Recorder. The notice shall consist of a sworn statement setting out:
(a) A description of the real estate, sufficient for identification;
(b) The amount of money representing the cost and expense incurred or payable for the abatement of the violation and removal of the refuse; and
(c) The date or dates when the cost or expense were incurred by the county.
(2) This lien shall be superior to all other liens except taxes, provided, however, it shall not be valid as to any purchaser whose right in and to the real estate have risen subsequent to the date on which the costs were incurred and prior to the filing of the notice and a lien of the county shall not be valid as to any mortgages, judgment, creditor, or other lienor whose rights in and to the real estate arise prior to the filing of the notice. Upon payment of the costs and expenses by the person who violated this chapter or any other person interested in the property, after the notice of lien has been filed, the lien shall be released by the county and the release may be filed of record as in the case of filing the notice of lien. The lien may be enforced by proceeding to foreclosure, as provided by law. Interest on the lien shall accrue at the rate of 6% per year.
(K) Should the county exercise its right to obtain a personal judgment against the person or impound the vehicle used in the dumping as provided under division (I) above, the county shall file an action in court. An action for personal judgment against the person shall be based upon the implied consent by the person to form a contract with the county for the abatement of the violation and the removal of the refuse as found in division (G) above.
(L) The action authorized by division (I) above shall be in addition to, and without waiver, of any other remedy provided by law.
(Ord. 1207L, passed 9-12-2000) Penalty, see § 99.99