§ 5-41005 — Definitions

In this Division 5-41, unless the context requires otherwise: "Code" means any county ordinance that pertains to or regulates any of the following: animal control; the definition, identification, and abatement of public nuisances; the accumulation, disposal, and transportation of garbage, refuse, and other forms of solid waste; the construction and maintenance of buildings and structures; sanitation practices; or zoning. "Code enforcement officer" means a county employee authorized to issue citations for county code violations and to conduct inspections of public or private real property to determine whether code violations exist. However, nothing in this Division 5-41 shall be construed to allow for administrative adjudication of an ordinance violation in the case where a State statute or administrative rule provides for a specific method or procedure to be followed, other than administrative adjudication, in enforcing a county ordinance. "Hearing officer" means a person other than a code enforcement officer or law enforcement officer having the following powers and duties: (1) To preside at an administrative hearing called to determine whether a code violation exists. (2) To hear testimony and accept evidence from the code enforcement officer, the respondent, and all interested parties relevant to the existence of a code violation. (3) To preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing. (4) To issue and sign written findings and a decision and order stating whether a code violation exists. (5) To impose penalties consistent with applicable code provisions and to assess costs reasonably related to instituting the proceedings upon finding the respondent liable for the charged violation. In no event, however, shall the hearing officer have the authority to impose a penalty of incarceration. "Property owner" means the legal or beneficial owner of an improved or unimproved parcel of real estate. "Respondent" means a property owner, waste hauler, or other person charged with liability for an alleged code violation and the person to whom the notice of violation is directed. "Solid waste" means demolition materials, food and industrial processing wastes, garden trash, land cleaning waste, mixed refuse, non-combustible refuse, and trash as defined in the Solid Waste Disposal District Act. "Waste hauler" means any person owning or controlling any vehicle used to carry or transport garbage, refuse, or other forms of solid waste.

Legislative History

(Source: P.A. 90-517, eff. 8-22-97.)