posted on 2013-09-17 by Nancy Craig from commissioners
The following Trash Ordinance will be voted on at the October 7th Commissioners' meeting.
AN ORDINANCE OF THE SWITZERLAND COUNTY BOARD OF COMMISSIONERS PROHIBITING TRASH ACCUMULATING ON PROPERY IN THE COUNTY AND ESTABLISHING A PROCEDURE FOR ABATEMENT WHEREAS, the Switzerland County Board of Commissioners choose to establish a procedure for abatement of trash, NOW, THEREFORE, BE IT ORDAINED BY THE SWITZERLAND COUNTY BOARD OF COMMISSIONERS as follows:
Section I: Definitions.
The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Trash means refuse, garbage, offal, paper waste, trash, litter, and miscellaneous discarded materials.
Section II: Administration.
The office of the Building Inspector shall be responsible for the administration of this ordinance. This Ordinance and the procedures hereunder shall be pursuant to I.C. 36-1-6-2.
Section III: Owner's responsibility.
It shall be unlawful for the owner or any occupant of real property within the County to permit trash to accumulate upon such property. All owners of real property within the County shall remove all trash left or placed upon their property.
Section IV: Notice by County to Landowner.
a) Upon determination by the Building Inspector of the County that trash exists on property within the County, the Building Inspector shall issue a written notice to the landowner and all persons holding a substantial interest in the property, such as mortgagees or contract sellers and buyers, that the trash must be removed within ten (10) days of the mailing of the notice, which notice shall be sent to all persons having a substantial interest in the property, including the landowner, at their last known addresses by United States first class mail, or, in the alternative, the Building Inspector may have the Sheriff’s Department deliver the notices personally, and such notice shall be deemed given on the date of mailing if mailed, or on the date of personal delivery if served by the Sheriff’s Department. Certified mailing of the notice is not required, but may be done in addition to the first class mailing, at the option of the Building Inspector.
b) The persons having a substantial interest in the property, including the landowner, may APPEAL the order to remove the trash by delivering to the office of the Building Inspector written notice of contest within ten (10) days of the mailing of the notice. Continuous enforcement orders (as defined in IC 36-7-9-2) can be enforced and liens may be assessed without the need for additional notice.
Section V: Removal by County.
(a) If the persons having a substantial interest in the property, including the landowner, fails to remove the trash or fails to serve a notice of contest within the time prescribed in the notice and set forth in section IV, the County may remove the trash, as permitted by IC 36-1-6-2, by having employees of the County enter upon the property and remove trash with County equipment, or by contracting with others to remove the trash.
(b) After removal of the trash by the County as provided in subsection (a) of this section, the Building Inspector shall then issue a bill to the persons having a substantial interest in the property, including the landowner, for the costs incurred by the County in such removal. Such costs shall include an administrative charge of $50.00 to compensate the County for the administrative costs incurred in issuing the bill, plus the fees of the contractor if a contractor is used. If County employees and equipment are used, the Building Inspector shall also include in the billing charges, the time of the County employees and the use of the equipment of the County, in such amounts as the County Commissioners establish from time to time by County Commissioner action as the current rate for the use of such equipment and the use of such County employees for such services. The billing shall be sent to all persons having a substantial interest in the property, including the landowner, in the same manner as provided in section IV for the issuing of the initial notice, and the persons having a substantial interest in the property, including the landowner, shall be given a period of 15 days from the date of the mailing of the notice if the notice is mailed, or from the date of personal delivery if the notice is personally delivered, to make payment of the charges; provided, however, that if the landowner contests the propriety of the charges, the landowner may, within such 15-day period of time, deliver written notice to the office of the Building Inspector of the contest of the charges.
(c) The contest or appeal by any person having a substantial interest in the property of either the Notice for Removal under para IV or the Notice of Charges under para. V (b) shall be heard and determined by the County Commissioners at its next regularly scheduled meeting after receiving the Notice of Contest, at which time any person having a substantial interest in the property may appear and be heard.
(d) If a person having a substantial interest in the property, including the owner of the real property, fails to pay a bill issued under this section within the time specified, the Building Inspector shall certify the amount of the bill, plus any additional administrative costs incurred in the certification, as provided for by IC 36-1-6-2 to the County Auditor for collection as provided for by IC 36-7-10.1-4 to the County Auditor for collection as delinquent taxes are collected. The minimum charge for certification, including administrative costs and removal of trash is $500.00 and the total cost for removal may not exceed the limits specified in I.C. 36-1-6-2.
(e) Amounts collected for the removal of trash as provided by this ordinance shall be disbursed to the general fund of the County. Any money received for the value of any scrap or recyclables shall be used to offset the cost of removal and the excess shall be deposited in the General Fund of the County.
SECTION VI: REPEAL:
This ordinance only repeals that portion of any ordinance in direct conflict herewith.
This Ordinance shall be effective from and after its stated passage.