23-478. Enforcement
A. If the division, following an inspection or investigation determines that there
is reasonable cause to believe that there exists a violation of a standard or regulation
the division shall issue a notice of violation directing any repairs, improvements,
changes or additions necessary to eliminate the hazard. Each notice of violation shall
be in writing, delivered either by mail or in person and shall contain the following:
1. A particular description of the nature of the violation, including a reference
to the provision of this article or of any standard or regulation alleged to have been
violated.
2. A reasonable time for the abatement of the violation.
B. Each notice of violation issued pursuant to this section or a copy or copies of
such notice of violation shall be prominently posted at or near each place a violation
referred to in the notice of violation existed.
C. If in the opinion of the director or the director's authorized representative
the continued operation of the defective boiler or lined hot water storage heater
constitutes an immediate danger to the safety of the occupants of the establishment or
the persons operating such boiler or lined hot water storage heater the director or
director's authorized representative may condemn such device and require it to be
returned to a condition allowing safe operation before its use is resumed.
D. Upon failure of an owner or operator to comply with either the requirements of a
notice of violation issued pursuant to subsection A or condemnation pursuant to this
subsection, the commission may file an action in the superior court of the county where
the violation occurred to enjoin the owner or operator from engaging in further acts in
violation of the requirements of this notice of violation or the condemnation. Any
person found to be in contempt of an injunctive order of the court shall be fined not
less than fifty nor more than three hundred dollars with each day of violation
constituting a separate contempt.
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