BIL 207 Draft 01 2018-2020 - Laserfiche WebLink

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Section 20-02-22. Administrative enforcement. (a) If the director determines that any person has violated or is violating any provision of this chapter or department rules, the director shall serve a notice of violation and order upon the parties responsible for the violation, which shall include the following: (1) The date of the notice; (2) The name and address of the person noticed and the location of the violation; (3) The section number of the code or rule which has been violated; (4) The nature of the violation; (5) Correct the violation within the time specified in the order; (6) Pay a civil fine not to exceed $1,000 in the manner, place and deadline specified in the order; (7) Pay a civil fine not to exceed $1,000 per day for each day in which the violation persists, in the manner, time, place and deadline specified in the order; (8) Any other consequence as determined by the director, including but not limited to, suspension or revocation of a permit; and (9) The order shall advise the party responsible for the violation that the order shall become final thirty calendar days after the date of its delivery. The order shall also advise that the party responsible may request a meeting with the director prior to the end of the thirty calendar days and that the director's final written decision may be appealed to the commission within fifteen calendar days from the date of the director's final written decision. (b) Service. Proper service of such notice of violation and order shall be by personal service, registered snail, or certified mail upon the responsible party or parties, provided, that if such notice of violation and order is by registered mail or certified mail, the designated period within which the responsible party or parties is required to comply with the order shall begin as of the date the responsible party or parties in charge receives such notice. (c) Effect of Order; Right to Appeal. The provisions of the order issued by the director under this section shall become final thirty calendar days after the date of the delivery of the order, unless appealed. The party or parties responsible for the violation may request a meeting with the director, prior to the end of the thirty calendar days. Any final written decision by the director may be appealed to the commission within fifteen days from the date of the final written decision. However, an appeal to the commission shall not stay any provision of the order. (d) Judicial Enforcement of Order. The director may institute a civil action in any court of competent jurisdiction for the enforcement of any notice of violation and order issued pursuant to this section, including seeking a temporary, preliminary, or permanent injunction. Where a civil action has been instituted to enforce the civil fine imposed by an order, the director need only show that the notice of violation and order was served, that a civil fine was imposed, the amount of the civil fine imposed, and that the fine imposed has not been appealed in a timely manner nor paid. Section 20-02-23. Criminal Enforcement. Any person convicted of violating any of the provisions of this chapter shall be guilty of a petty misdemeanor and shall be punished by a fine not to exceed $1,000 and/or imprisonment up to thirty days and shall be adjudged to pay all costs of the proceedings. The continuance of any such violation after conviction shall be deemed a new offense for each day of such continuance.