41.30.060 Notice and order to correct violation.
(1) Issuance. Whenever the Health Officer determines that property has been contaminated and issues an order prohibiting use, he/she may issue a written notice and order to correct violations of this chapter to the property owner or to any person causing, allowing, or participating in the violation.
(2) Content. The notice and order to correct violation shall contain:
(a) The name and address of the property owner or other persons to whom the notice and order to correct violation is directed;
(b) The street address or description sufficient for identification of the property upon or within which the violation has occurred or is occurring;
(c) A description of the violation and a reference to that provision of this chapter which has been violated;
(d) A statement of the action required to be taken to correct the violation and a date or time by which correction is to be completed;
(e) A statement that each violation of this chapter shall be a separate and distinct offense and in the case of a continuing violation, each day’s continuance shall be a separate and distinct violation; and
(f) A statement that the failure to obey this notice may result in the issuance of a notice of civil infraction and/or imposition of criminal penalties.
(3) Disposal Receipts. The notice and order to correct a violation may also include a statement requiring the person to whom the notice and order to correct violation is directed to produce receipts from a permitted solid or hazardous waste disposal facility or transporter to demonstrate compliance with an order issued by the Health Officer.
(4) Service of Order. The notice and order to correct a violation shall be served upon the person to whom it is directed, either personally or by mailing a copy of the order to correct violations by first class and certified mail postage prepaid, return receipt requested, to such person at his/her last known address.
(5) Extension. Upon written request received prior to the correction date or time, the Health Officer may extend the date set for corrections for good cause. The Health Officer may consider substantial completion of the necessary correction or unforeseeable circumstances that render completion impossible by the date established as a good cause.
(6) Supplemental Order to Correct Violation. The Health Officer may at any time add to, rescind in part, or otherwise modify a notice and order to correct violation. The supplemental order shall be governed by the same procedures applicable to all notice and order to correct violations procedures contained in these regulations.
(7) Enforcement of Order. If, after any order is duly issued by the Health Officer, the person to whom such order is directed fails, neglects, or refuses to obey such order, the Health Officer may:
(a) Cause such person to be prosecuted under these regulations; and/or
(b) Institute any appropriate action to collect a penalty assessed under these regulations; and/or
(c) Abate the health violation using the procedures of these regulations; and/or
(d) Pursue any other appropriate remedy of law or equity under these regulations.
(8) Written Assurance of Discontinuance. The Health Officer may accept a written assurance of discontinuance of any act in violation of this chapter from any person who has engaged in such act. Failure to comply with the assurance of discontinuance shall be a further violation of this chapter.