3/25/1997 - Laserfiche WebLink

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BOOK 1W FAG/620 Stars position is that illegal dumping has occurred on many vacant properties throughout the County and that the County cannot afford the expense of cleaning up all such dumping. In fact, the County's position has been that a property owner is responsible for his property, regardless of who actually dumps debris on the site. In the past, code enforcement action has been taken on property owners to clean up debris dumped by others. If the County agreed to incur costs to assist Mr. Cummings in removing the trash and debris from his property, other property owners in the County would also expect similar consideration. Given the extent of dumping that has occurred in the past, that could be a significant expense. Already, the County incurs cost to remove trash and debris deposited on County rights-of-way. Even if the County chose to assist Mr. Cummings in his trash and debris removal, there are constraints in funding this. Although the Solid Waste Disposal District (SWDD) is responsible for solid waste and assesses the tipping fees that Mr. Cummings wants waived, SWDD is an enterprise fund whose expenditures must benefit the feepayers of the district. Consequently, SWDD funding would not be appropriate for this activity. Instead, monies would have to come from the general fund, MSTU, or other appropriate source. For the reasons stated above, staffs position is that the Board should reject Mr. Cummings' request for assistance in removing the junk and debris from his property. Although removal of the debris is necessary, it is not an appropriate County expense. Staff recommends that the Board of County Commissioners reject Mr. Cummings' request for County assistance in removing trash and debris from his property. Jerry Cummings requested that the County provide a dumpster for disposal of the trash on his property and waive the fees on dumping at the Landfill. He believed the County should help in the cleanup as the trash was not his trash, but was deposited by others on his property. Community Development Director Bob Keating reviewed in detail the history of the property and advised that there is a small area of trash on the property and a derelict building. While staff is sympathetic to Mr. Cummings' request, they believed that assisting him with the removal of the trash would create a precedent. Discussion followed with Commissioners expressing their sympathy, but indicating agreement with staff's recommendation. Commissioner Adams pointed out that if during the cleanup Mr. Cummings could determine whose trash it was, the County could cite the dumper. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Ginn, to approve staff's recommendation and reject Mr. Cummings' request for County assistance in removing trash and debris from his property. 24 March 25, 1997