§ 30-108. Violations and penalties.  


Latest version.
  • (a)

    Whenever a violation of this article is found, the code enforcement officer or sheriff's deputy may take one or more of the following actions:

    (1)

    Order the violation corrected by the property owner by removal and proper disposal of the material within a specified period ranging from one to 30 days;

    (2)

    Issue a citation for violation of this article pursuant to section 1-9; or

    (3)

    When violations are pursued by the sheriff's department, such legal actions shall occur through the district attorney's office, including injunctive relief and additional forfeiture actions through the process of summons and complaint or other proper legal recourse. When violations are initiated and pursued by the county code enforcement office, proper legal action shall be brought through the county corporation counsel's office, including injunctive relief and additional forfeiture actions through the process of summons and complaint or other proper legal recourse.

    (b)

    The county circuit court may, upon the petition of and at the request of the county, order removal of the violating junk, solid waste, tires, and other such materials at county expense. The county shall then invoice the property owner for all such costs incurred. If that invoice is not paid within 30 days, the county may place the amount of the invoice on the tax rolls as a special assessment against the property in question.

    (c)

    Injunctive relief can also be requested requiring the property owner or other party in possession of the property to remove the violating junk, solid waste, tires, and other such materials and have those items properly stored or disposed of; and any county cost incurred in the removal of such items shall be assessed against the violating possessor of that property and/or owners.

    (d)

    Any person failing to comply with the provisions of this article shall, upon conviction, forfeit not less than $75.00 nor more than $500.00, plus costs of the prosecution for each violation. The court may consider each day of a violation a separate offense. Any person who is in default of payment of these forfeitures and costs and who is not found to be indigent by the court may be imprisoned in the county jail for up to 30 days for each violation or until payment has been made.

(Ord. of 12-17-87, §§ 3.4—3.7)