§ 3-16-46. Sanitation fee for collection and removal of trash and/or articles of personal property from the right-of-way and/or public property.  


Latest version.
  • (a)

    Any owner(s) of real property who causes trash and/or abandoned articles of personal property to be deposited in the right-of-way and/or on public property which results in Henry County being required to remove such trash and/or personal property shall be charged the following sanitation fees:

    (1)

    Fifty dollars ($50.00) for the removal of the first item of trash and/or abandoned article of personal property; and

    (2)

    An additional fifty dollars ($50.00) for each pick-up truck load of such trash and/or abandoned articles of personal property removed after the first pick-up truck load.

    (b)

    The owner(s) of the property which fronts on the right-of-way or which fronts on the public property involved shall be responsible for the payment of all such fees. Payment shall be due within thirty (30) days of the removal of the trash and/or abandoned articles of personal property.

    (c)

    Should any sanitation fee imposed by this section not be paid within the thirty (30) day time period set forth in subparagraph (b) above, the person, firm, or corporation liable for the fee shall be subject to and shall pay interest charges of one (1) percent per month for each month or portion thereof in which the same remain unpaid.

    (d)

    In addition to any other remedies provided by law for the collection of the sanitation fee set forth in this section, the officer charged with the collection of the fee shall be authorized to issue executions against the delinquent property owner(s) for the amount of the fees due, plus accrued interest. Such executions shall constitute a lawful lien against the real property of the property owner(s).

    (e)

    At any time within three (3) years after any sanitation fee imposed under this section becomes overdue and/or delinquent, the Board of Commissioners of Henry County may bring an action in a court of competent jurisdiction in the name of Henry County against the person, firm, or corporation liable for the fee to collect the amount delinquent, together with interest, court fees, filing fees, attorney's fees and other legal fees incident thereto.

    (f)

    In addition to the remedies for the collection of the sanitation fee imposed herein, a civil penalty may be imposed of up to five hundred dollars ($500.00) for any failure to pay the sanitation fee established by this section. This civil penalty may be imposed by any court of competent jurisdiction over the enforcement of the ordinances of Henry County, Georgia. Such civil penalty may be enforced by the contempt power of the court.

(Ord. No. 99-08, § 1, 7-6-99)