Section 45-43-170.04 - Solid waste disposal - Fees; public nuisances(a) The Lowndes County Commission shall by resolution provide for the orderly collection of fees charged under this article. The county commission may establish a periodic payment system and is authorized to purchase necessary supplies and materials and employ personnel necessary to effectuate any such periodic payment system. Such periodic payment system may be effected by the county by negotiating with any one or more public or private utilities providing service in the county for the periodic billing of such fees and the collection thereof on behalf of the county by one or more such utilities. Any delinquencies in any such payments shall entitle the county to pursue any remedy provided in this article including the enforcement of any lien obtained hereunder. The county may agree to pay reasonable compensation to any such utility for its services in connection with the collection and payment to the county of all such sums so collected.(b) Whenever the solid waste officer shall find that any owner of solid waste generating property has failed to subscribe to the county solid waste collection program and pay the required solid waste collection and disposal fees or has failed to obtain a certificate of exception as provided in this article, such failure shall constitute a public nuisance and such officer shall give the person, firm, association, or corporation last assessing the property for state taxes and all mortgages of record notice by personally serving upon such person, firm, association, corporation, or mortgagee a copy of the notice to comply with the requirements of this article within a reasonable time set out in the notice, which time shall be not less than 60 days, or suffer such solid waste collection and disposal fees to be assessed against the property. In the event that any such personal service is returned not found after not less than two attempts, such notice may be given by registered or certified mail. The mailing of such notice, properly addressed and postage prepaid, shall constitute notice as required herein. Notice of such order, or a copy thereof, prior to the delivery or mailing of the same as required by the immediately preceding two sentences, may also be, but is not required to be, posted at or within three feet of an entrance to the building or structure, provided that if there is no entrance such notice may be posted at any location upon such property.(c) Should such notice not be complied with within 60 days, all necessary employees of such county are hereby expressly authorized to enter the private property for the purpose of providing solid waste collection and disposal services. The cost of such services, including any monthly fees not heretofore paid, shall be rendered in an itemized report and shall constitute a special assessment against the property. Such special assessment shall not be greater than the cost to the county providing such solid waste collection and disposal services nor shall such special assessment be greater than twenty dollars ($20) multiplied by the number of months of service, not to exceed 12 months, which have not been paid for by the property owner. A copy of the report of costs shall be forwarded to the appropriate official charged with collection of taxes and assessments whereupon it shall be the duty of the official to add the amount of the respective assessment to the next regular bill for taxes levied against the property for county purposes. Thereafter the amounts shall be collected at the same time and in the same manner as ordinary county taxes are collected. The amounts shall be a lien in favor of the county upon property against which the assessment was made and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary county taxes.(d) Within the time specified in such notice, but not more than 60 days from the date such notice is given, any person, firm, or corporation having an interest in such property may file a written request for a hearing before the county commission, together with his or her objections to the finding by the solid waste officer that such property owner has failed to comply with this article, and his or her correct mailing address. The filing of such request shall hold in abeyance any action on the finding of such officer until determination thereon is made by the county commission. Upon holding such hearing, which hearing shall be held not less than 10 nor more than 60 days after such request, or in the event no hearing is timely requested, the county commission, after the expiration of 60 days from the date such notice is given, shall determine whether or not such owner has complied with this article. Notice of such meeting of the county commission, and that such determination shall be made thereat, shall be mailed to the person, firm, or corporation requesting the hearing at the address stated in the request. In the event that it is determined by such county commission that such property owner has not complied with this article, the county commission shall order such assessment to be made.(e) Any person aggrieved by the decision of the county commission at such hearing, within 30 days thereafter, may appeal to the circuit court upon filing with the clerk of the court notice of appeal and bond for security of costs in the form and amount to be approved by the circuit clerk. Upon filing of the notice of appeal and approval of the bond, the clerk of the court shall serve a copy of the notice of appeal on the county clerk or administrator and the appeal shall be docketed in the court, and shall be a preferred case therein. The county clerk or administrator, upon receiving such notice, shall file with the circuit clerk a copy of the findings and determination of the county commission in proceedings, and trial shall be held without jury upon the determination of the county commission that such property owner has failed to comply with this article.Ala. Code § 45-43-170.04 (1975)
Act 89-531, p. 1081, § 5.