(A) (1) Class C violation. Any person who violates any of the provisions of §§ 90.01 through 90.12, except the burning of noxious materials and/or hazardous materials, and whose violation is a first violation, commits a Class C violation of §§ 90.01 through 90.12. Class C violations have no fines if the person(s) responsible for a Class C violation shall:
(a) Contact the County Solid Waste Management District within the permitted time on the notice of violation;
(b) Pay for the costs of fire-suppression if the Fire Department was required to extinguish the fire;
(c) Provide evidence/receipts that the site of the illegal burn, including the burn barrel, has been cleaned up and the waste has been properly disposed, or reimburse the authorized enforcement agents for all costs related to the clean-up; and/or
(d) Provide an acceptable plan for any future trash disposal.
(2) Class B violation. Any person who violates any of the provisions of §§ 90.01 through 90.12, except the burning of noxious materials and/or hazardous materials, and whose violation is a second violation, or any other subsequent violation, commits a Class B violation of §§ 90.01 through 90.12. Person(s) responsible for a Class B violation shall:
(a) Contact the County Solid Waste Management District within the permitted time on the notice of violation;
(b) Pay a fine of $100, except as provided in division (A)(5)(b) below;
(c) Pay for the cost of fire suppression if the Fire Department was required to extinguish the fire;
(d) Provide evidence/receipts that the site of the illegal burn, including the burn barrel, has been cleaned up and the waste has been properly disposed, or reimburse the authorized enforcement agents for all costs related to the clean-up; and/or
(e) Provide an acceptable plan for any future trash disposal.
(a) Contact the County Solid Waste Management District within the permitted time on the notice of violation;
(b) Pay a fine of $250, except as provided in division (A)(5)(c) below;
(c) Pay for the cost of fire suppression if the Fire Department was required to extinguish the fire;
(d) Provide receipts evidencing all costs related to the clean-up of the waste and proper disposal of any waste related to the violation, or reimburse the authorized enforcement agents for all cost related to the clean-up; and/or
(e) Provide an acceptable plan for any future waste disposal.
(4) Further action. If further actions in violation of §§ 90.01 through 90.12 occur, or if no action to bring a property into compliance by the property owner(s) occurs within the permitted time, litigation may be pursued in the County Circuit Court or any successor court. The County Attorney, the Solid Waste Management District Attorney, or a designated agent of these, may pursue litigation of §§ 90.01 through 90.12 in the County Circuit Court or any successor court.
(d) Any person found to be in violation of any provision of §§ 90.01 through 90.12, whether by admission or adjudication, shall, in addition to any fines as set forth above, be required to provide an acceptable plan for any future solid waste disposal, be assessed all costs and expenses of the fire suppression, investigation, clean-up, and removal of waste connected with the violation, and shall, in addition, be liable for all reasonable attorney’s fees, court costs, and other costs incurred by the county or district in connection with the enforcement of §§ 90.01 through 90.12.
(B) (1) Failure, refusal of owner. Upon the failure of refusal of an owner, occupant, agent, or person in possession of the premises (who was the recipient(s) of the notice of violation) to correct the violation of §§ 90.25 through 90.37, as stated in the notice of violation, he or she shall be subject to a $100 fine for a first violation. For the second violation, and subsequent violation(s) that are committed by a person within two calendar years of a previous violation, he or she shall be subject to a $200 fine.
(2) Removal of trash, junk, or weeds.
(a) The County Commissioners may authorize the removal of the trash, junk, or weeds as listed in the notice of violation. The removal of trash, junk, or weeds can be performed either by the county’s own workers and equipment, or by a contractor hired by the Commissioners for this purpose.
(b) Compliance with abandoned and/or junk vehicle violations will be handled by the County Sheriff’s Department.
(3) Invoices, payments. The County Auditor’s office shall issue an invoice to the owner(s) of the property for the total costs incurred by the county to bring the property into compliance with §§ 90.25 through 90.37, plus any fines that have not been paid. Payment is due no later than 30 days following the date of the invoice.
(4) Costs incurred. If the fine and the costs incurred by the county are not paid when due, they may be added to the property taxes and/or be a lien against the property.
(Ord. 2005-6, passed 9-6-2005; Ord. 2008-14, passed 12-1-2008)