§ 26-7. Enforcement procedures.  


Latest version.
  • (a)

    An alleged violation of this chapter may be filed with the sheriff's office, either by citizens or by county staff who have the responsibility of enforcing the various codes or ordinances of the county. It shall be the duty of the enforcement officer to initiate enforcement proceedings. The enforcement officer shall be responsible for prosecuting violations of that ordinance before the special magistrate. The special magistrate shall not have the power to initiate enforcement proceedings.

    (b)

    Except as provided in subsections (c) and (d) of this section, if a public nuisance is found, the enforcement officer shall schedule a hearing before the special magistrate, and give notice to the violator and owner pursuant to section 26-13. If the public nuisance is corrected and then recurs or if the public nuisance is not corrected by the time specified for correction, the hearing may nevertheless take place, even if the public nuisance has been corrected prior to the hearing and the notice shall so state.

    (c)

    If a recurring public nuisance is found, the inspector shall notify the violator and owner and schedule a hearing before the special magistrate as stated in subsection (b) of this section. The case shall be presented to the special magistrate even if the recurring public nuisance has been corrected prior to the hearing and the notice shall so state. If the recurring public nuisance has been corrected, the special magistrate retains the right to impose costs and enforcement fees. The repeat violator may waive his right to this hearing and pay said costs as determined by the board.

    (d)

    The special magistrate can order closure of a place or premises or any part thereof, but he must make a factual finding that:

    (1)

    The respondent did not abate the nuisance after being ordered by the special magistrate to do so;

    (2)

    The respondent did not substantially comply with an appropriate order issued by the special magistrate;

    (3)

    The respondent continued to maintain an ongoing nuisance;

    (4)

    Closure is the only effective option in eradicating the nuisance. Such finding is to be supported by a written order setting forth the factual bases for this determination.

    (e)

    Nothing contained in these sections shall prohibit the county from enforcing its codes by any other means.

(Ord. No. 2007-34, § 7, 10-23-2007)