(A) In matters involving a health and/or vector hazard, the Shelby County Health Department may conduct investigation and enforcement according to laws governing public health.
(B) In matters involving a zoning issue, the Office of the Plan Commission may conduct investigation and enforcement of the county zoning ordinance.
(C) The Shelby County Solid Waste Management District Board of Directors in conjunction with an appointed Solid Waste Management District Compliance Board shall be empowered to order the abatement of nuisance solid waste accumulation, illegal dumping and littering and to issue the orders and fines designated.
(D) Any person or persons identified in violation of this chapter, shall be subject to the following schedule for abatement:
(1) The Compliance Officer shall notify the person of an alleged violation in accordance with § 96.06(B). Depending upon the extent of the violation, the notice will state that violation abatement must occur within a reasonable length of time, usually between ten days and 60 days, from the date of notice. If abatement does not occur within the stated time, the Shelby County Solid Waste Management District reserves the right to abate the nuisance through the use of private contractors or the public workforce.
(2) If a small amount of trash, litter or recycling is found on public land, designated county highway employees or other designated agents may search the material for identification evidence and then properly dispose or recycle the material. Evidence will be forwarded to the Compliance Officer for further action.
(3) 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.
(4) Either abatement of the violation or a request for appeal must be filed with the Compliance Board within the time frame designated in the notice for the identified person or property owner to avoid fines, an order to appear, or other legal action. Appeals will be heard pursuant to § 96.99.
(5) It shall not be a defense to this chapter that other persons have participated in the violation, and any person adjudicated to have violated this chapter may be held liable for all costs related to action to bring compliance with this chapter.
(Ord. 06-2007, passed 5-9-07)