County Commission | The Magazine June 2017 | Page 22

FROM THE COVER WHAT ABOUT THE FINES? + If the county is considering the regulation of junkyards, it Ala. Code § 11-3A-3(e) limits fines to will very likely want to impose $150 per offense. Each day a person a license or permit to operate remains in violation of the ordinance a junkyard and will need to is a separate offense. The law caps the consider every aspect of fine at $5,000. the licensing. No fines can be assessed without notice to all those who are violating + If the county proposes an ordinance for the abatement of an ordinance and an opportunity weeds or litter, it will likely want for those affected to appeal to the commission. WHAT IF THE VOTERS AREN’T HAPPY? The law provides a process for the voters to petition to call for a vote on repealing the powers. As with the passage of the referendum to authorize the powers, the referendum on repeal can only be held in conjunction with a primary, general, or special election called for another purpose. + And Ala. Code § 11-3A- 5 provides that an election authorized by this law cannot be held more often than once every 48 months. + This means that a referendum for repeal cannot be held until the powers have been in place for at least four years. OTHER ISSUES OR CONCERNS? Other issues will depend, in part, on the health and safety power that the commission is considering. + If the county wanted an animal control program which included monitoring for proper immunization, it would need to establish procedures which included requiring any animal owner to register his or her animal with the office of animal control and provide proof of immunization. This could include setting fees to cover the cost of administering that portion of the program. 22 | COUNTY COMMISSION a program similar to those found in municipalities, where the county will, after proper notice to the owner, mow the grass or clean up the litter pile, and then proceed against the owner to recoup the cost of abating the nuisance in addition to assessing fines and penalties for violating the ordinance. n Jj Transportation Engineering Civil Engineering Land Surveying Land Planning GONZALEZ-STRENGTH & ASSOCIATES, INC. Ensuring Excellence In Site Civil Engineering and Land Surveying since 1957 Good people doing Good work for Good people 2176 PARKWAY LAKE DRIVE HOOVER, AL 35244 PH: 205.942.2486 www.gonzalez-strength.com A L A B A M A G UA R D R A I L , I N C . Catherine Huff President / Owner Office Phone: [phone] Fax: [phone] E-mail: [email protected] Physical Address ~ 60701 US Hwy 231 Oneonta, AL 35121 Mailing Address ~ P O Box 126 Cleveland, AL 35049 A G R Specializing in the Installation of Highway Guardrails, Signs & Fencing