18-25-101. INITIATION OF ENFORCEMENT BY DIRECTOR.

  1. Determination of Violation; Notice. Whenever the Director determines has reason to believe that violations of any part of this Title exists, he shall serve upon the owner, lessor, tenant, resident, operator, or other person believed to be responsible for such violation a notice of violation. The written notice shall be served by personal service, or by notice attached conspicuously to the home, building, business, or other location of the violation, or by United States mail addressed to the last known address of the person, tenant, occupant, operator or other party believed to be responsible for the violation. In the case of property leased under a federally approved lease, a copy of the written notice shall be served upon the Bureau of Indian Affairs by United States
  2. Contents of Notice. The notice shall state separately each violation of this Title, what corrective action is necessary to comply with the Title, and the reasonable time established by the Director for compliance. In particular, the Director may order discontinuance of any activity violating this Title and indicate what actions are necessary to bring a violating use or structure into compliance.
  3. Time for Compliance. When calculating a reasonable time for compliance, the Director shall take into consideration:
    1. The type and degree of violation;
    2. The threat to public health and the environment posed by the violation;
    3. The difficulty of compliance and the financial and material means of the violator; and
    4. The expressed intent and past record of compliance of the reasonable party.

An extension of time for compliance may be granted by the Director only upon a showing that required actions have been commenced and that the work is progressing at a satisfactory rate.

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