In addition to summary abatement, the Environmental Health Department may order a
hearing on abatement or may order, without a hearing, that the person responsible
for the nuisance abate the nuisance. If the Environmental Health Department orders
abatement of the nuisance by any person without any prior hearing, the Environmental
Health Department shall deliver or mail, registered and postage prepaid, to the person
responsible for the nuisance, an order to abate the nuisance, which such order shall
state: (a) identification of the water system or property, if any, upon which the
nuisance exists; (b) the nature of the nuisance, with a concise description of the
conditions that constitute the nuisance; (c) a demand that the nuisance be abated
and that all appropriate permits to do the same be obtained, within a specified time;
(d) a warning that if the nuisance is not abated within the specified time, the Environmental
Health Department may abate the nuisance or cause some other person to abate the nuisance,
and that the cost of said work shall thereafter be charged to the person responsible
for the nuisance; and (e) a statement of the procedure and time requirement for demand
of a hearing. If no hearing was conducted prior to the issuance of an abatement order,
any person who is served with an abatement order may demand a hearing, in which case
a hearing shall be conducted before an examiner. If a prior hearing has been conducted
or is subsequently conducted, any abatement order issued by an examiner need not include
the information designated in (e) above.
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