It shall be unlawful for any person or entity to violate any provision of this Article. If DEHS makes a determination that a sewerage system is not in compliance with the requirements of this Article, DEHS shall make a demand of the owner(s), and any other person known to be occupying or using the real property, to correct such noncompliance. This demand shall consist of a reasonable effort, including personal service, or posting the property, or government mail service, according to the availability of the person(s) to whom the notice is to be given and the practicality of the method chosen, to reach such person. Personal service shall not be required, but mailed notice to the surety of any posted bond shall be given. If at 48 hours after the effort to give notice to all such parties is made, the noncompliance has not been corrected, the Director of DEHS may declare the posted bond forfeited and make such arrangements as are necessary to abate the public nuisance caused by the offending septic system. The forfeited bond shall be the source of funds drawn upon by DEHS to defray the actual cost to DEHS of any abatement action to correct the offending septic system. If such funds are not available for any reason or are insufficient, or there is a default or dishonoring, DEHS may act pursuant to §§ 33.0311 et seq. of Chapter 3 (Public Nuisance Abatement) of this E.H. Code to recover its cost, including a lien attaching to real property for unrecovered costs.
(Ord. 3105, passed - -1986)