49-490. Hearings on orders of abatement
A. An order of abatement issued by the control officer shall become effective
immediately upon the expiration of the time during which a request for a hearing may be
made pursuant to section 49-511 unless the person or persons named in such order shall
have made a timely request for a hearing before the hearing board. If a hearing is
requested, the hearing board shall hold the hearing within thirty days from receipt of
the request unless such time is extended by the hearing board. Written notice of the
time and place of the hearing shall be sent by the hearing board to the person or persons
requesting the hearing and to the control officer at least fifteen days before the
hearing.
B. If the board, after the hearing, determines that the act or acts set forth in
the order constitute a violation of any provision of this article or of the rules adopted
pursuant to this article or any requirement of a permit or conditional order issued
pursuant to this article and that no conditional order is justified, the board shall
affirm or modify the order for abatement. The order may be conditional and require a
person to refrain from the particular act or acts unless certain conditions are met.
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