§ 16-140. Notice; removal procedures.

(a)

Notice of refuse removal only.

(1)

The owner of all lands or lots, pursuant to this division, shall maintain his property free of garbage, litter, refuse and rubbish, as defined in this division, and dispose of it in accordance with law. If, after an initial notice by the county health department, providing five days for the owner to remedy the condition, the property owner fails to properly dispose of such material, the county health department or its designee shall serve a compliance notice on the owner of such property to clean the property within ten days of the service of such compliance notice. The compliance notice may be served personally on the owner of the property, may be mailed to the last known address of such owner by registered or certified mail, or may be posted on the property on which such refuse exists.

(2)

Service of notice by any of the above methods for either initial or compliance notice shall be due notice to such owner.

(b)

Removal procedures and order of legal action.

(1)

Upon failure of any owner of lots or lands pursuant to this division to clean the property described in the compliance notice within ten days, the county health department or its designee may proceed with legal action pursuant to the litter control provisions of chapter 44 of this code, pertaining to waste disposal, in the general sessions court of the county, or to direct the county attorney's office to institute legal action against the landowner by requesting that an injunction be issued from the chancery court of the county or the Shelby County General Sessions Environmental Court ordering the property owner to have the property cleaned in the manner outlined by the county health department.

(2)

In addition to any other actions taken by the county under this division, where the owner of the property is uncooperative or inaccessible and lots or lands exist on which garbage, litter, refuse and rubbish have been allowed to remain, the county health department or its designee may enter onto the property and have such area cleaned. A lien is hereby declared on such property for all costs and expenses of cleaning incurred by the county until the bill is paid by the property owner. Further, for a period of 180 days, beginning on the date shown on the notice, the county health department may reenter and remove garbage, litter, refuse or rubbish that may again be present after the initial removal, as determined by the county health department, with no further notice to the owner.

(3)

Work performed under this division by the county may be accomplished by the county or by retention of services from a private contractor to perform on the county's behalf in accordance with the county's purchasing procedures.

(4)

Upon receipt by the county health department or its designee of the statement of costs of cleaning such property, a bill for the services shall be sent via U.S. mail to the property owner for payment, and the costs of same shall be certified to the county trustee and a lien shall be placed upon the property. Pursuant to this lien, the county shall not receive taxes on behalf of this property until the lien is paid in full. It shall be the duty of the county trustee to put the amount so certified on the tax bill for the property, and it shall be the duty of the county trustee to collect same as a special tax.

(Ord. No. 415, Exh. A, 8-27-2012)