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Title 17E
Chapter 17E.010
Section 17E.010.090
 

Title 17E Environmental Standards

Chapter 17E.010 Critical Aquifer Recharge Areas – Aquifer Protection

Article II. Implementation

Section 17E.010.090 Enforcement Action– Procedures
  1. Upon reasonable cause, the critical review officer may give, by mail or other reasonable means, twenty days’ written notice to the legal owner, occupant or person responsible for the management or in control of the affected premises, installation or activity thereon of intent to declare the same as a public nuisance hereunder, specifying the basis therefore, any proposed preventative or protective measures which might eliminate the proposed nuisance declaration, and requesting said party or parties to show cause on or before a date certain why a declaration of public nuisance should not be made, and advising of an opportunity to request a hearing on said question, together with a form to request the hearing.

  2. If a hearing is requested, the critical review officer gives notice to the requesting parties, and such other persons the officer deems appropriate, of a specified time, date and place.

  3. Upon hearing, or if none is requested after the expiration of the notice period, the critical review officer may proceed to issue a final order determining whether a public nuisance exists. The order may specify any preventative or protective measures which, if taken, would alleviate the nuisance and time for compliance. The order shall specify an opportunity to appeal the same to a hearings officer and procedures for appeal.

  4. The provisions of this section are not intended to prescribe an exclusive procedure and all procedures and powers in statute and at common law to abate a nuisance are specifically reserved. Time periods and any other provisions herein may be changed by the critical review officer in the interest of the public health and safety, considering the exigent circumstances and public convenience, health and safety.

Date Passed: Monday, June 13, 2016

Effective Date: Wednesday, July 27, 2016

ORD C35399 Section 7