Laserfiche WebLink
<br />KCHD ORDINANCE 1999- 47 SOLID WASTE REGULATIONS <br />(1) Whenever an authorized representative of the Health Department determines that a violation <br />has occurred or is occurring at an unpermitted site, he/she may issue a written notice and order <br />to correct violation to the property owner or to any person causing, allowing or participating in <br />the violation. <br />(2) Whenever an authorized representative of the Health Department determines that a violation <br />has occurred or is occurring at a permitted site, he/she shall pursue a reasonable attempt to <br />secure voluntary correction, failing which he/she may issue a written notice and order to <br />correct violation to the property owner or to any person causing, allowing or participating in <br />the violation. Pursuant to Section VII.H., the Health Department may issue a written notice <br />and order to correct violation without first pursuing a reasonable attempt to secure voluntary <br />correction if there is an imminent and substantial danger to public health. <br />b. Content. The notice and order to correct violation shall contain: <br />(1) The name and address of the property owner or other persons to whom the notice and order to <br />correct violation is directed; <br />(2) The street address or description sufficient for identification of the building, structure, <br />premises, or land upon or within which the violation has occurred or is occurring; <br />(3) A description of the violation and a reference to that provision of the regulation which has <br />been violated; <br />(4) A statement of the action required to be taken to correct the violation and a date or time by <br />which correction is to be completed; and <br />(5) A statement that a monetary penalty in an amount per day for each violation shall be assessed <br />against the person to whom the notice and order to correct violation is directed for each and <br />every day, or portion of a day, on which the violation continues following the date set for <br />correction. <br />c. Service of Order. The notice and order to correct violation shall be served upon the person to <br />whom it is directed, either personally or by mailing a copy of the order to correct violations by <br />certified mail, postage prepaid, return receipt requested, to such person at his/her last known <br />address. Proof of service shall be made at the time of service by a written declaration under penalty <br />of perjury executed by the persons effecting the service, declaring the time and date of service and <br />the manner by which service was made. <br />d. Extension. Upon written request received prior to the correction date or time, the authorized <br />representative may extend the date set for corrections for good cause. The authorized Health <br />Department representative may consider substantial completion of the necessary correction or <br />unforeseeable circumstances which render completion impossible by the date established as a good <br />cause. <br />e. Administrative Conference. An informal administrative conference may be conducted at any time <br />by the Health Officer for the purposes of bringing out all the facts and circumstances related to an <br />alleged violation, promoting communications between concerned parties, and providing a forum for <br />efficient resolution of any violation. The Health Officer may call a conference in response to a <br />request from any person aggrieved by the Health Officer's order or the Health Officer may call a <br />conference on his/her own motion. Attendance at the hearing shall be determined by the Health