(A)
Enforcement of this chapter shall rest with those governmental agencies and personnel authorized to exercise police powers, to include the County Sheriff's Department, Planning/Zoning and Code Enforcement Department, Public Works Department, and Department of Environmental Health. Said authority shall include the police powers:
(1) To investigate the condition(s) of the building(s) and/or premises in question, and to inspect dwellings and dwelling units under the jurisdiction of the county in order to determine which building(s) for human habitation and/or use are in violation of this chapter and for the purpose of carrying out the objectives of this chapter with respect to the repair, closing or demolition of each such building;
(2) To take such action, together with other appropriate departments and agencies, public and private, as may be necessary to effect rehabilitation of buildings and/or abatement of conditions in violation of this chapter;
(3) To keep a record of the results of inspections made under this chapter and an inventory of those building(s) which are in violation of the provisions of this chapter;
(4) To administer oaths and affirmations examine witnesses and receive evidence;
(5) To enter upon premises for the purpose of making examination and inspections; provided, such entries are made in accordance with this chapter and state law, and in such manner as to lessen the inconvenience to the persons in possession;
(6) To appoint and fix the duties of such officers, agents, and employees as deemed necessary to assist in carrying out the purposes of this chapter, and to delegate any of the functions and powers to such officers, agents and employees; and
(7) To perform such other duties as may be prescribed herein or by the Board of Commissioners and as is directed by the County Manager.
(B) Warren County Sheriff's Deputies, as the law enforcement agency with powers of arrest, shall notify the Public Works Director, Planning and Zoning Administrator and Code Enforcement Officer(s) of potential violations of this chapter.
(C) The Director of Environmental Health is prescribed to assist the above stated county agencies and representatives in matters of determining adequate/inadequate installation of septic systems and wells, in addition to notifying the Public Works Director, Planning and Zoning Administrator and Code Enforcement Officer(s) of potential violations of this chapter.
(D) The provisions of this chapter shall be enforced by the inspection of property and by observation of persons who are engaged in or responsible for a violation of an action or condition that is prejudicial to public health, safety, or welfare. Enforcement personnel are empowered to issue citations, warning citations, or letters of warning when any of the provisions of this chapter have been violated. Citations shall be delivered by enforcement officials in person to the alleged violator or delivered by registered mail return receipt requested to the person so charged. Any citation of violation so delivered or mailed shall direct the alleged violator to appear in district court on or before a specific day or hour named in the citation. The period so specified shall not be less than 72 hours after its delivery to the violator.
(E) Where enforcement personnel determine that a violation is a first offense for the person charged, a written letter or warning citation shall be issued. Such warning letter or warning citation shall state therein the nature of the violation, the corrective measures to be taken, and the time and date when corrections are to be completed. Failure to comply with the corrective measures stated in such warning notices shall be just cause for enforcement personnel to issue a citation for violation of this chapter.
(F) The Planning/Zoning and Code Enforcement Department shall cause all citation forms to be serially numbered and accounted for. The Finance Director or his or her representative may periodically inspect these records to determine the disposition of the forms and shall report the result of such inspection to the County Manager. For the purpose of this inspection, the Finance Director shall have access to all necessary records and files.
(Ord. passed 9-14-2009; Ord. passed 6-7-2021)
Penalty, see § 153.99