BIL 079 Draft 01 2012-2014 - Laserfiche WebLink

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Section 14-_ Administration; enforcement. (a) The director shall administer and enforce this article and shall exercise such powers as legal and necessary to carry out and effectuate the purposes and provisions herein. (b) Within ten business days of having reason to suspect that a violation of the this article has occurred, the director shall give written notice to the suspected person that any organisms in violation of this article constitute a public nuisance and are subject to confiscation and destruction, and that a violator is subject to the administrative and abatement costs and the civil penalties set forth in this article. (c) Any person who receives notification under subsection (b) shall respond within ten business days with evidence that such organisms are not in violation of this article, or that such organisms have been destroyed or entirely removed from the County. (d) Within ten business days of receiving notification under subsection (b), the notified person may submit additional information and request of the director reconsideration of whether a violation has occurred. The director shall respond to the request for reconsideration within thirty days. (e) Within twenty business days of providing written notice to a person pursuant to subsection (b), the director shall determine if the organisms are in violation of this article, and whether any subject organisms have been destroyed or entirely removed from the County. The director shall consider evidence submitted under subsections (c) and (d), and any other evidence presented or which is relevant to the determination of such violation. (f) Upon making a determination that a violation of this article exists, the director shall thereafter promptly take all actions necessary to ensure that such organisms are confiscated and destroyed or arrangements made for removal from the County. (g) The director shall submit an annual report to the council describing all complaints received and enforcement actions taken under this article, including information regarding the types and amounts of organisms in violation of this article, the locations of any violations, and the steps that have been taken to destroy or remove such organisms. The report -shall include a list of all persons who have sought and received exemptions to the prohibitions of this article, as allowed herein. This report shall be made available to the public by the council. This subsection shall not have effect in cases of violations, or suspected violations, of this article where the director is bound by a court order or by state law to not disclose facts in an ongoing investigation. (h) The prohibitions of this article on engaging in the propagation, cultivation, raising, growing, sale or distribution of transgenic organisms shall supersede any privileges and immunities set forth in this Code which may exempt agricultural or other activities from nuisance abatement. Section 14-_ Penalties. (a) Any person who knowingly violates this article shall be held responsible for administrative and abatement costs associated with actions taken by the director, including but not limited to the: (1) Costs of investigation; 3