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If the applicant does not make the modifications pursuant to the notice in § 50.132 within the time limit specified therein or if the application does not clearly show that the collection, transportation, storage, or processing of solid waste will not create a public health hazard or be without harmful effects on the environment, the permit application shall be denied in writing, stating the reason for such denial. Nothing in this section shall prejudice the right of the applicant to reapply after the rejection of his or her application, provided that all aspects of the reapplication comply with the provisions of this chapter. Nothing in this section shall prevent the denial of a permit should the total number of annual permits as determined within the Comprehensive Zoning Ordinance have already been issued.
(Ord. KOC 24-830-409, passed 5-21-2024)
INSPECTION AND ENFORCEMENT
In order to ensure compliance with the laws of the Commonwealth of Kentucky, this chapter, and the rules and regulations authorized herein, the Solid Waste Coordinator is authorized to inspect all phases of management, processing, or disposal of solid waste at a solid waste site or facility within the county, whether or not the site or facility is permitted by the state or the county. No inspection shall be made in any residential unit unless authorized by the occupant or by due process of law. In all instances where such inspections reveal a violation of this chapter or any conditions of issued permits, enforcement action will be initiated.
(Ord. KOC 24-830-409, passed 5-21-2024)
In all cases, violations are brought to the appropriate Code Enforcement Board unless corrective measures have been taken within the time specified by the code enforcement officer. However, in those cases where an extension of time will allow for correction and there is no public health hazard created by the delay, one extension of time not to exceed the original time period may be given.
(Ord. KOC 24-830-409, passed 5-21-2024)
Notwithstanding any other provision for enforcement of this chapter, civil enforcement of any provision of this chapter may be undertaken before the Code Enforcement Board pursuant to regulations, procedures, and penalties established by said Board. Civil procedures and criminal procedures for any one violation of this chapter shall be mutually exclusive.
(Ord. KOC 24-830-409, passed 5-21-2024)
In the event a permit is revoked and the person continues to operate, the Coordinator may request the Fiscal Court take action in a court of law to enjoin the acts and to enforce compliance with this chapter or any rule or regulation promulgated thereunder.
(Ord. KOC 24-830-409, passed 5-21-2024)
§ 50.154 APPEAL.
Any person who feels aggrieved by any ruling issued pursuant thereto by the Code Enforcement Board may within 30 days of the act for which redress is sought appeal directly to the governing body in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.
(Ord. KOC 24-830-409, passed 5-21-2024)
§ 50.999
Any person violating any provisions of this chapter, with the exception of §§ 50.110 et seq., or any conditions of issued permits, upon conviction, shall have imposed a fine of not less than $25 nor more than $500 per violation. Each day when such violation occurs shall be considered a separate offense. Any person violating provisions of §§ 50.110 et seq. or any conditions of issued permits, upon conviction, shall have imposed a fine of not less than $25 nor more than $15,000. Any authorized enforcement officer may issue violators of this chapter a citation.
(Ord. KOC 24-830-409, passed 5-21-2024)