(A) No person shall permit any solid waste to accumulate on property owned, leased or occupied by that person within 200 feet of another occupied premises, except in covered, watertight containers made of metal or plastic.
(B) No person shall throw, place, dump or dispose of any solid waste, litter, or construction and demolition debris on any road, street, gutter, sidewalk or alley, or on any public property or another's private property.
(C) No person (whether owner, tenant, lessee, manager or other person) shall permit any solid waste, litter, or construction and demolition debris, or any composition or residue thereof, which is in an unsanitary condition or hazardous to public health to remain upon the property.
(D) No person shall cast, place, sweep or deposit any solid waste, litter, or construction and demolition debris in such a manner that it may be carried or deposited by the elements upon any road, street, sidewalk, alley, sewer, parkway or other parkway or other public place or private property within the county.
(E) Any accumulation of solid waste, litter, or construction and demolition debris in violation of the terms of this chapter is hereby declared to be a nuisance and is unlawful.
(F) Subject to any limitations or otherwise provided by law, the County Manager or his or her designee, the County Code Enforcement Officer, and/or the County Sheriffs Department Deputies, or his or her designated Code Enforcement Officer, is authorized, upon issuance of a warrant, to inspect and enter any property where he or she has reasonable cause to suspect that unlawful accumulations of solid waste, refuse, litter, or construction and demolition debris may exist.
(1) If, upon the basis of such inspection, the County Manager or bis or her designee, a County Code Enforcement Officer or a County Sheriffs Department Deputy finds that a violation of a divisions (A) through (E) of this section exists, he or she shall notify, in writing, the person in control of the property (whether owner, tenant, lessee, manager or other person) to correct such violation within a designated period of time, from ten days up to 30 days.
(2) Upon the failure, neglect or refusal of any person, owner, tenant, lessee, manager or occupant to properly correct any such violations within the time prescribed (or within five days of the return of such prescribed notice as undeliverable if the notice is served by mail), the County Commission may contract for the correction of the unlawful accumulation, or order its correction by the county, at the expense of the person, owner, tenant, lessee, manager or occupant in charge of the property.
(G) If the County Manager or his or her designee, the County Code Enforcement Officer or a Sheriffs Department Deputy finds that the unlawful accumulation of solid waste, litter, or construction and demolition debris presents a clear and present danger to the public health, safety and welfare, and immediate measures are required to alleviate this clear and present danger, the County Manager may waive the ten-day notification period.
(H) Costs for correction of an unlawful accumulation of solid waste, litter, or construction and demolition debris shall be determined on the basis of man-hours worked, equipment utilized in the clean up at a customary rental rate per day, plus any direct costs paid by the county to correct the violation. The cost of correction shall be a lien upon the property and shall remain in rail force and effect for the amount due plus other costs and attorney fees.
(I) The County Manager, or designee, shall maintain files of the inspections, notices and actions taken pursuant to this section. Costs incurred by the county in undertaking corrective actions shall be documented. The files shall be open for public review during normal business hours.
(J) Transportation of solid waste shall be accomplished through the use of a vehicle with a tightly secured cover. Such vehicles shall be operated to prevent offensive odors escaping therefrom, and solid waste from being blown, dropped or spilled. Persons transporting solid waste without a tightly secured cover will be subject to additional fees as established by resolution.
(Ord. 2010-01, passed 5-19-2010; Am. Ord. 2017-02, passed 8-23-2017) Penalty, see § 50.99