County Enforcement Authority

     The act updates county enforcement authority in connection with:

• Providing for and compelling the removal of rubbish, including trash, junk, and garbage, from property within the county;
• Providing for and compelling the removal of weeds and brush from property within the county;
• Providing for and compelling the removal or securing of any building or structure in the county, with specified exceptions, that, due to its condition, presents a substantial danger or hazard to the public health, safety, or welfare; and
• The unlawful erection, construction, reconstruction, alteration, or use of any building or structure in the county or the use of any land in the county in violation of a zoning resolution or ordinance adopted by the board of county commissioners.

     For the removal actions described above, the act requires county ordinances to include provisions for applying for and exercising an administrative entry and seizure warrant. The act also allows counties to assess the reasonable costs of removal, including a 10% fee for inspection and incidental costs, as a lien against the property.

     The act modifies the civil penalties that a court may impose and the factors that a court must consider in determining the appropriate civil penalty when a property owner violates a county ordinance or building code regarding the removal of rubbish or weeds and brush from property within the county, the removal or securing of a building or structure in the county, or the unlawful erection, construction, reconstruction, alteration, or use of a building or structure in the county.


(Note: This summary applies to this bill as enacted.)