Any privately owned work or structure authorized by a permit issued pursuant to the
requirements of this article shall be privately maintained by the applicant, his successors
and assigns. Whenever, in the opinion of the Director, said work or structures are
not maintained in such a manner as to prevent deterioration to the extent that they
become a hazard to the public or to navigation, [or] an obstruction of flow, or prevent
access for drainage maintenance purposes, or may damage adjacent property, then the
Director shall notify the owner in writing to remedy the same by alteration, adjustment
or removal at the owner's expense; provided, however, that within fifteen (15) days
after receipt of written notice from the Director, the owner may appeal the matter
by requesting in writing a hearing before the Environmental Quality Control Board.
If no appeal is taken to the Environmental Quality Control Board and the owner has
not performed remedial work within thirty (30) days from the date of such notice,
or if an appeal is taken and the Board, after hearing and notice thereof, shall determine
that remedial work is necessary and the owner does not perform the remedial work within
the time established by the Board for the performance, the Director shall have the
same or any other remedial work that in the Director's opinion will alleviate or eliminate
the situation, including, but not limited to, total demolition of the structure, performed
at the County's expense; and the County shall have a lien prior in dignity to all
other liens, excepting city and County taxes and liens of equal dignity therewith,
on the real property of the owner to the extent of the cost to the County, including
administrative cost for the remedial work. Notice of such lien, executed in the name
of the County Commission, shall be recorded in the proper books kept by the Clerk
of the Circuit Court of the County and shall remain in full force and effect for a
period of twenty (20) years from the date thereof, unless sooner paid and satisfied;
and the Director shall, in writing, advise the County Attorney at least one (1) year
prior to the expiration of the twenty-year period of any such liens that have not
been satisfied, in order that the same may be foreclosed if necessary.
