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The Director may revoke a permit issued under this chapter if the permit was issued in error or on the basis of incorrect, inaccurate or incomplete information or in violation of this chapter or any other law or regulation. The Director may also revoke a permit when there is a change in circumstances or a change to the conditions of the applicant's property since the date of the application, which if those circumstances or conditions had existed at the time the permit was issued, would have been grounds for denial of the permit.
(Added by Ord. No. 5408 (N.S.), effective 2-20-79; Ord. No. 5416 (N.S.), adopted 2-27-79, effective 3-29-79, supersedes Ord. No. 5408; amended by Ord. No. 9273 (N.S.), effective 12-15-00; amended by Ord. No. 9858 (N.S.), effective 5-25-07; amended by Ord. No. 10136 (N.S.), effective 4-15-11; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) As soon as a permittee installs, rebuilds, repairs or adds on to, connects to, or destroys an OWTS or other sanitation facilities pursuant to the permit and is ready to backfill the work, the permittee shall notify the Director that the system is ready for inspection before the work is covered.
(b) No person shall backfill or cause another person to backfill OWTS or other sanitation facilities that has been installed, rebuilt, repaired, added on to, or destroyed before the Director inspects and approves the work, as provided in subsection (a). This subsection shall not prevent a property owner, engineer, contractor, or other person responsible for the work from taking actions to secure or abate unsafe conditions or protecting persons from injury at the site.
(Amended by Ord. No. 6049 (N.S.), effective 6-11-81; amended by Ord. No. 9273 (N.S.), effective 12-15-00; amended by Ord. No. 10136 (N.S.), effective 4-15-11; amended by Ord. No. 10918 (N.S.), effective 10-11-24; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
A property owner whose OWTS or other sanitation facilities installation, rebuild, repair, connection, destruction, or addition does not pass inspection shall promptly correct the deficiency and have the system reinspected. The property owner shall be responsible for paying all reinspection fees. If the property owner fails to correct the deficiency or request reinspection within a reasonable period of time, the Director may revoke the permit and/or take other enforcement action pursuant to section 68.336.
(Amended by Ord. No. 3061 (N.S.), effective 5-11-67; amended by Ord. No. 3436 (N.S.), effective 1-1-70; amended by Ord. No. 4531 (N.S.), effective 7-31-75; amended by Ord. No. 5847 (N.S.), effective 9-11-80; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 9273 (N.S.), effective 12-15-00; amended by Ord. No. 10136 (N.S.), effective 4-15-11; amended by Ord. No. 10918 (N.S.), effective 10-11-24; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
a) Where a property owner of an OWTS or other sanitation facilities is required to monitor the system, the property owner shall obtain an annual operating permit from the Director and have a valid operating permit in effect at all times.
(b) No person shall use or allow another person to use an OWTS or other sanitation facilities for which an annual operating permit is required if no operating permit is in effect at the time the system is used. A system that requires an annual operating permit, that is being operated without the permit being in force, shall be considered in violation of this chapter and subject to enforcement action pursuant to section 68.336.
(c) The Director may enter property during normal business hours to inspect an OWTS or other sanitation facilities that was approved subject to an annual operating permit requirement.
(d) The property owner shall comply with all conditions of a permit to install an OWTS subject to monitoring, including, but not limited to, obtaining an annual operating permit and any monitoring, maintenance, operation, and notification requirements.
(e) Prior to the issuance of the installation permit for an OWTS subject to monitoring, or a reserve OWTS subject to monitoring, the property owner shall record with the County Recorder's Office a Covenant and Agreement, or other equivalent document, with an acknowledgement of and promise to comply with the conditions of the installation permit for the OWTS. This document shall run with the land and shall be binding on any future owners, encumbrances, their successors, heirs, or assigns and shall continue in effect until DEHQ approves its termination. Termination shall occur when the use of the OWTS subject to monitoring has ceased in compliance with all applicable laws and regulations.
(Amended by Ord. No. 3436 (N.S.), effective 1-1-70; repealed by Ord. No. 4531 (N.S.), effective 7-31-75; new Section 68.334 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; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) Property owners of OWTS or other sanitation facilities that have not returned to compliance after being provided a notice of a violation of this chapter may be subject to the revocation of the annual operating permit for a system that requires monitoring by the Director In addition to the revocation of the annual operating permit for an OWTS in violation of this chapter, the property owner may be subject to enforcement action pursuant to section 68.336.
(b) The Director may reinstate a permit that has been revoked under this section if the Director determines that the permittee has presented a plan for adequate repair, alteration, or maintenance of the system that will allow the system to operate properly. The Director may also allow a permit that was revoked for failure to comply with the terms of the permit, including the failure to allow inspection, if the Director receives adequate assurance from the permittee that the permittee will comply with terms of the permit. As a condition of the reinstatement process the permittee shall pay all of the Director's costs and expenses incurred to investigate and process the revocation and reinstatement of the permit, in addition to paying all fees established by the Board.
(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; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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