It seems that illegal dumping and litter issues have always plagued the Clinton County area, but the county is fighting back to keep the problem as much under control as possible with clean-up activities and the use of state grants to help clean up dump sites.

Last week, Clinton County Judge/Executive Richard Armstrong and Solid Waste Coordinator Rick Stearns discussed those issues, including where the county stands on the illegal dump cleanups thus far, the problem with properties that create a nuisance problem, and littering in general.

The county was awarded a $240,884.53 Illegal Open Dump Remediation grant from the Kentucky Department of Environment Cabinet, earmarked to clean up some five dump sites, including the most infamous, the site at Blue Ridge, which carried a price tag of some $196,230 and was contracted out for construction cleanup.

The grant carried specifications for use and time lines on when the dump cleanups were to be complete, which is by February 2017. The county also must file quarterly reports with the state detailing progress of the cleanup activity.

Judge Armstrong noted, pursuant to the grant agreement, the grant would be a 75/25 match for all dump sites that cost less than $50,000 to clean up, meaning the county adds one-quarter of the amount. Any dump site over $50,000, in this case being Blue Ridge, had to be contracted.

The county match, however, was not in direct monetary costs, but in-kind services, such as use of county employees, utilizing jail inmate work, community service workers and use of county equipment, such as backhoes and dump trucks, in cleaning up the small dump sites, according to Stearns.

As of the end of April, two sites had been completed, including Bell Camp #1 and Conner Ridge, with work continuing on Bell Camp #2, Koger Mountain Road #3 and 76 Falls Road.

Through the Litter Abatement program, the county also received $19,000 in funding to help clean up county roadways.

Stearns noted that any group or organization, such as schools or church groups, scouts, civic clubs, etc. could earn money while helping clean up county roads. Each organization can earn $50 per mile up to 100 miles of roadway they clean, from the $19,000 allotment, as long as the funds last.

Any group or organization interested in cleaning up areas of roadways and earn money for their group may contact the county judge’s office at 387-5234 or Stearns at 688-4040.

Although Tire Amnesty Days have passed, the county continues to pick up tires, especially along county roads, and there is still $4,000 left in that fund to have tires disposed of properly.

County officials are also urging citizens to use trash pick-up service, as the percent of population of county residents who take advantage of solid waste franchise haulers is less than 50 percent, causing a problem of “illegal” trash dumping and littering in the county.

Stearns noted that the state is now pushing for “mandatory” trash service in every county and said Clinton was on a “watch list” due to its low participation in residents that have trash collection service. He noted that eventually trash service to all residents may become mandatory, meaning that the county may have to pass laws making it mandatory for residents to use a trash collection service.

Both Armstrong and Stearns also noted that nuisance sites, where junked vehicles and other unsightly debris is piled up, is also a problem and they presented at a copy of KRS statutes that deal with that issue, which can be found at the end of this article.

Stearns noted that although the county has done a lot to clean up roads and illegal dump sites, there seems to be more and more instances of dumping sites reported to the county and fiscal court members. “Some people just aren’t taking care of their own trash,” he said. “We issue warnings, but we have to have more enforcement…we have already found more dumps.”

Officials say that in past years, even decades, that the issue has not been addressed properly and had been overlooked for decades. For example, reports of the Blue Ridge dump dates all the way back to the 1940s and the county was deeded the right-of-way in the area in 1968.

The county has also been removing abandoned vehicles on right-of-ways. “When you get complaints, you have to investigate,” Stearns said. “When someone calls the judge’s office, you have to follow up.”

Judge Armstrong asks for and urges county residents help with the problem by being responsible themselves, by not littering, dumping trash illegally, and signing up for trash pick-up service, not to mention keeping their own property clean. There is a cost to the county and eventually taxpayers when the county has to clean up dumps and litter along roadways.

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KRS 381.770: Abatement of nuisance–Exceptions–Enforcement ordinance–lien–personal liability of property owner.

(1) As used in this section:

(a) “Automobile collector” means a person who collects and restores motor vehicles, and

(b) “Ordinary public view” means a sight line within normal visual range by a person in a public street or sidewalk adjacent to real property;

(c) “Parts car” means an automobile that is not intended to be operated along streets and roads, but is used to provide parts for the restoration of other automobiles; and

(d) “Imminent danger” means a condition which could cause serious or life-threatening injury or death at any time.

(2) Except as provided in subsection (3) of this session, it shall be unlawful for the owner, occupant or person having control or management or any land within a city, county, consolidated local government, urban-county, or unincorporated area to permit a public nuisance, health hazard, or source of filth to develop thereon through the accumulation of:

(a) Junked or wrecked automobiles, vehicles, machines, or other similar scrap or salvage materials, excluding inoperative farm equipment;

(b) One or more mobile or manufactured homes are defined in KRS 227.550 that are junked, wrecked, or non-operative and which are not inhabited;

(c) Rubbish; or

(d) The excessive growth of weeds or grass.

(3) The provisions of paragraph (a) subsection (2) of this section shall not apply to:

(a) Junked, wrecked, or non-operative automobiles, vehicles, machines, or other similar scrap or salvage materials located on the business premises of a licensed automotive recycling dealer as defined under the provisions of KRS 190.010(8);

(b) Junked, wrecked, or non-operative motor vehicles, including parts cars, stored on private or real property by automobile collectors, whether as a hobby or a profession, if these motor vehicles and parts are stored out of ordinary public view by means of suitable fencing, trees, shrubbery, or other means, and;

(c) Any motor vehicle as defined in KRS 281.010 that is owned, controlled, operated, managed, or leased by a motor carrier.

(4) It shall be unlawful for a city, county, consolidated local government, or urban-county for an owner of a property to permit any structure upon the property to become unfit and unsafe for human habitation, occupancy, or use, or to permit conditions to exist in the structure which are dangerous or injurious to the health and safety of the occupants of the structure, the occupants of neighboring structures, or other residents of the city, county, consolidated local government, or urban-county.

(5) Any city, county, consolidated local government, or uban-county may establish by ordinance standards and procedures for the enforcement of this section. The procedures shall compile with all applicable statutes, administrative regulations, or codes. Proper notice shall be given to property owners before any action is taken pursuant to this section; and, prior to the demolition of any unfit or unsafe structure, the right to a hearing shall be afforded the property owner.

(6) Unless imminent danger exists on the subject property that necessitates immediate action, the city, county, consolidated local government, or urban-county government shall send, within fourteen (14) days of a final determination after hearing or waiver of hearing by the property owner, a copy of the determination to any lien holder of record of the subject property, by first-class mail with proof of mailing. The lien holder or record may, within forty-five (45) days from receipt of that notice, correct the violations cited or elect to pay all fines, penalty charges, and costs incurred in remedying the situation as permitted in subsection (7) of this section.

(7) A city, county, consolidated local government, urban-county shall have a lien against the property for the reasonable value of labor and materials used in remedying the situation. The affidavit of the responsible officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this statute, and shall be recorded in the office of the county clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest thereafter until paid. The lien created shall take precedence over all other liens, except state, county, school board, and city taxes, except as provided in subsection (8) in this section. The lien may be enforced by judicial proceeding.

(9) The lien provided in subsection (7) of this section shall not take precedence or priority over a previously recorded lien if:

(a) The city, county, consolidated local government, or urban-county government failed to provide the lien holder a copy of the determination in accordance with subsection (5) of this section, or;

(b) The lien holder received a copy of the determination as required by subsection (6) of this section, and the lien holder corrected the violations or paid the fines, penalty charges, and costs incurred in remedying the violation.

(9) In addition to the remedy described in subsection (5) of this section or any other remedy authorized by law, the owner of the property upon which a lien has been attached pursuant to this section shall be personally liable for the amount of the lien, including all interest, civil penalties, and other charges and the city, county, or urban-county may bring a civil action against the owner and shall have the same remedies as provided for the recovery of a debt owed. The failure of a city, county, consolidated local government, or urban-county government to comply with subsection (6) of this section, and the failure of a lien to take precedence over previously filed liens as provided in subsection (8) of this section, shall not limit or restrict any remedies that the city, county, consolidated local government, or urban-county government has against the owner of the property.

(10) The provisions of subsections (5), (7), and (9) of this section shall not apply to an owner, occupant, or person having control or management of any land located in an unincorporated area if the owner, occupant, or person is not the operator of the rubbish or is not dumping or knowingly allowing the dumping of the rubbish and has made reasonable efforts to prevent the dumping of rubbish by other persons onto the property.