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(a) Violation a Misdemeanor. Any person who violates any of the provisions of this division is guilty of a misdemeanor, and upon conviction thereof shall be punished by such penalty as set forth in § 112-5 of this Code. (Ord. 1885, § 2, 2/13/1990)

(b) Civil enforcement - Notice of violation.

(1) Notice of Violation Recordation. Whenever the Department of Health and Human Services Public Health Branch determines that a well (a) has not been completed in accordance with a well permit or the plans and specifications relating thereto, (b) has been constructed without the required permit, or (c) an abandoned well has not been destroyed in accordance with the standards, the enforcement agency may record a notice of violation with the office of the County Recorder. The owner(s) of the property, as revealed by the assessment roll, on which the violation is situated and any other person responsible for the violation shall be notified of the recordation, if their address is available. (Ord. 1885, § 2, 02/13/90; Ord. 2351, § 23, 12/06/2005)

If the property owner(s) or authorized agent disagree with the determination, he may submit evidence to the Department of Health and Human Services Public Health Branch indicating that there is no violation and then shall have a right to appeal an adverse decision of the Department of Health and Human Services Public Health Branch to the Board in accordance with the provisions of the following section. (Ord. 1885, § 2, 2/13/1990; Ord. 2351, § 23, 12/6/2005)

(2) Appeal - Action by the Board.

(A) Date of Hearing. Upon receipt of the notice of appeal, the Board shall, within thirty (30) days following the filing of the appeal, set a date for public hearing thereon. (Ord. 1885, § 2, 2/13/1990)

(B) Evidence. The evidence before the Board shall consist of records in the Department of Health and Human Services Public Health Branch’s files and any other relevant evidence which, in the judgment of the Board, should be considered to effectuate the policies of this division. (Ord. 1885, § 2, 2/13/1990; Ord. 2351, § 23, 12/6/2005)

(C) Decision by Board. The Board may reverse or affirm, wholly or in part, or modify the decision or the notice of violation and may make such order as should be made. Such action shall be final. (Ord. 1885, § 2, 2/13/1990)

(3) Cancellation of Violation Notice. The Department of Health and Human Services Public Health Branch shall submit a cancellation of notice of violation to the County Recorder when (a) it is determined by the Health Department or the Board, after review, that no violation of this division exists; or (b) all required and corrective work has been completed and approved by the Health Department. (Ord. 1885, § 2, 2/13/1990; Ord. 2351, § 23, 12/6/2005)

(c) Civil Enforcement - Nuisance. In addition to being subject to prosecution, any person who violates any of the provisions of this division may be made the subject of a civil action. Appropriate civil action includes, but is not limited to, injunctive relief and cost recovery. (Ord. 1885, § 2, 2/13/1990)

(d) Abatement by County. Any violation of this division is declared to be a public nuisance, which may be abated by the Department of Health and Human Services Public Health Branch pursuant to the provisions of Chapter 1 of Division 5 of Title III of this Code. The procedure authorized by this section may be utilized together with the procedure authorized by § 631-18(b) above. (Ord. 1885, § 2, 2/13/1990; Ord. 2351, § 23, 12/6/2005)

(e) Remedies Cumulative. The remedies available to the Board to enforce this division are in addition to any other remedies available under ordinance or statute, and do not replace or supplant any other remedy but are cumulative thereto. (Ord. 1885, § 2, 2/13/1990)