§ 62-29. Civil remedies and abatement of nuisance.

(a)

In the event that any person violates any provision of this article, the county or other appropriate authority may, in addition to other remedies, institute an action for injunction, clean-up or stop work orders, mandamus, irreversible damage fines, lien on property or other appropriate action or proceeding to prevent such unlawful acts or to correct or abate any such violation (O.C.G.A. 16-7-52, 16-7-53). In addition, the county may immediately revoke or suspend any and all business, building, development or any and all other county-issued permits related to the property or properties involved with the violation until such time that compliance is met, or until the ruling of a court of competent jurisdiction is obtained, at which time respective permits may be reissued.

(b)

Upon finding evidence, a written notice of violation may be issued at the discretion of the enforcing officer(s) in lieu of a citation. In the absence of corrective action or in the event that a second violation occurs, the evidence constituting the notice of violation may be submitted as evidence for consideration as a first offense before a court with competent jurisdiction and the pending case treated as a second offense by the court as defined in subsection 62-27(a)(2) of this article.

(c)

If a person is found guilty of a violation of the provisions of this article, the court and/or the board of commissioners may cause written notice to be given, or incorporate into the court order to the violator instructing that person to properly address any provision still remaining in violation of this article for which said violator is convicted. Such notice shall be by personal service and in the event the violator cannot be so served, then by registered mail sent to the violator's last known address.

(d)

Upon failure, neglect or refusal of any person so notified to properly address said provisions within 20 days after receipt of notice as provided in this section, the board of commissioners is hereby authorized and empowered to cause the cleanup, removal or disposal of, including but not limited to, any litter, or any type of waste(s) as defined in this article, dumped, deposited, thrown, or left on public or private property in violation of the resolution on behalf of the county. The expenses incurred by the county shall be chargeable to the violator and a statement of the amount due for said expenses shall be sent by the board of commissioners and/or the court by registered mail.

(e)

When the full amount of such charges are not paid by the violator within 30 days after receipt of said statement as provided for in this section, the board of commissioners shall cause to be recorded in the execution docket a sworn statement showing the cost and expense incurred by the county, the dates of county action, the location of the property for which action was taken, and the name of the person to be charged for the expenses incurred. The recordation of such statement shall constitute a lien on the personal and real property of the person to be charged and shall remain in full force and effect until final payment is received in full, including accrued interest from the date of recording and any and all costs. Such amount as shall constitute final payment shall be subject to collection in the manner fixed by law for the collection of taxes.

(f)

In the event that waste(s) or hazardous materials in a dump site cannot be removed from public or private property without causing further endangerment to the environment and/or public health, whether legal or illegal, caused with intent or by accident, acts of God or force of nature, or where a permit for such long-term or permanent disposal has been issued by the proper authority as defined in section 62-25 of this article, the county may attach or otherwise affix a permanent addendum to the deed of real property wherein the dump site exists, stating the approximate size and location of the dump on the property and an approximate description of the materials contained therein, as well as the approximate dates such dumping occurred, to be recorded on the property plat as a fill area (O.C.G.A. 12-8-30). The purpose of said attachment is to preserve the health and safety of current and future landowners and users of said properties, to promote the integrity of property description and values, and to record the location of said dump sites. The county's exercise of paragraph (f) of this section shall in no way be mandatory, and the county or its agents shall not be held liable for exercise of action or inaction for implementation of this paragraph, nor for the costs of such action or inaction. (Section 391-3-4-.06 of the Georgia Rules of Solid Waste Management.)

(g)

This section shall apply with full force and effect regardless of the provisions of any order of the court in which the violator was convicted. This section should not be construed as an excuse for failure on the part of the violator to perform any cleanup ordered by the court, not shall it be considered as a mitigating factor in any contempt action against a violator who has failed to obey the order of the court.