(A) In the event that an owner, occupant or operator is notified by the county code enforcement officer that there is an unsafe structure, unsafe premises or solid waste, as previously defined in this chapter, must be removed from the property, the person, owner, occupant or operator shall be responsible for the cost of removal.
(B) In the event the person, owner, occupant or operator fails to remove unsafe structure(s), unsafe premise(s) or solid waste, as previously defined in this chapter, following receipt of notice as provided herein, in such event, the county, its employees or contractors may enter upon the property, remove the violation or violations and further dispose of same. In such event, Fiscal Court shall retain a lien against the real property/premises, upon which the violation was located for those costs incurred in the removal and disposition of the nuisance plus interest at the rate of 12% per annum. A copy of the lien shall be filed in the office of the Court Clerk.
(C) If the person, owner, occupant or operator having charge of any residential or commercial property shall maintain or keep a nuisance thereon longer than 14 days after the notice from the county code enforcement officer, then each of them shall be fined not less than $100 but no more than $200 for each citation. Each day of violation shall constitute a separate offense.
(D) The correction of the unsafe condition in the structure or on the premises prior to the time for correction as set forth in the notice herein shall be considered compliance with the provisions of this chapter and no further action shall be taken.
(E) The timeline for fines, citations and liens shall be as follows:
(1) On day one, the nuisance is identified and notice is given.
(2) On day 14, if the nuisance has been corrected, then no further action is necessary however, if the nuisance has not been corrected, then the county code enforcement officer shall issue a fine of not less than $100 but no more than $200 for each day of violation.
(3) On day 60, if the person, owner, occupant or operator has not come to an agreement with the Code Enforcement Board by correcting the nuisance, paying fines, or establishing a payment program for the existing fines, the nuisance on the premises will be corrected at the direction/authorization of the code enforcement officer and a lien will be filed against the premises.
(4) At six months, the Fiscal Court will initiate the lien judicially through the courts if the person, owner, occupant or operator has not made arrangements to pay the county for the work completed to correct the nuisance and satisfy any liens or additional costs. Repayment amount due will include the cost to correct the nuisance and fines imposed.
(5) The Code Enforcement Board shall have the authority to negotiate on a case by case basis how to address fines, payments and corrective action plans.
(Ord. 2024-830.1, passed 5-23-2024)