(a) Any violation of this chapter or the standards in the LAMP shall constitute a public nuisance subject to nuisance abatement under the provisions of Title 1, Division 6, Chapter 2 of this Code.
(b) In addition to the authority to abate nuisances, the Director may institute any other legal remedies available to the County, including the provisions of Title 1, Division 8 of this Code.
(c) The Director or authorized designee may inspect premises subject to this chapter at reasonable times and in a reasonable manner to carry out the purposes of this chapter. If entry for a regulatory inspection is refused by the owner or other person in control of the property, or by the occupant of a residence, an inspection warrant shall be obtained prior to inspection.
(d) Inspection may include all actions necessary to investigate and determine whether an OWTS or other sanitation facilities are installed, used, operated, maintained, destroyed, or functioning in compliance with this chapter and the standards in the LAMP. The Director may require the property owner to conduct testing of the OWTS or other sanitation facilities to determine the operational status of the system.
(e) The Director shall recover all time, services, and materials costs associated with the abatement of violations of this chapter in accordance with fees established in Section 65.107 of this Code.
(f) The permit fee for any work conducted without obtaining the required permit or for failing to obtain or renew a required annual operating permit, shall be charged at two times the cost of the regular permit fee.
(g) Appeal of Enforcement Action. A person subject to enforcement action by the Department may appeal the enforcement action in accordance with the applicable procedures for the specific enforcement action being taken provided in Title 1, Division 6, and Division 8. If the violation poses an immediate threat to health and safety, the request for hearing shall be made within the number of days allowed in the Notice and Order to Abate.
(h) Appeal of Administrative Decision. An owner or septic professional who disagrees with an administrative decision by the Department may submit a request for a review hearing with the required fee on a form provided by the Department within 14 days of receiving an administrative decision related to an onsite wastewater treatment system, layout, permit or other requirement of this chapter. The Director shall schedule a hearing with a Department employee, at the supervisor level or higher, who was not involved in the decision. If the departmental review hearing does not resolve the issue, the person subject to the administrative decision by the Department may appeal to the Hearing Officer within 14 days of receiving notice of the decision of the Department review, in accordance with the procedures provided in Title 1, Division 6, Chapter 1 of this code.
(Added by Ord. No. 9322 (N.S.), effective 5-4-01; amended by Ord. No. 10136 (N.S.), effective 4-15-11; amended by Ord. No. 10918 (N.S.), effective 10-11-24)