California Health and Safety Code

§ 1416.74

HSC § 1416.74 Effective Jan 1, 2002Div. 2 · Ch. 2.35 · Art. 5

Statute text

(a)The time allowed for abatement of violation shall begin the first day after the order of abatement has been served or received. If a licensee who has been issued an order of abatement is unable to complete the correction within the time set forth in the citation because of conditions beyond his or her control after the exercise of reasonable diligence, the licensee may request from the program an extension of time in which to complete the correction. The request shall be in writing and made within the time set for abatement.

(b)An order of abatement shall either be personally served upon the licensee or mailed by certified mail, return receipt requested.

(c)When an order of abatement is not contested, or if the order is appealed and the licensee does not prevail, failure to abate the violation cited within the time specified in the citation shall constitute a violation and failure to comply with the order of abatement. Where a licensee has failed to correct a violation within the time specified in the citation the department shall assess the licensee a civil penalty in the amount of fifty dollars ($50) for each day that the violation continues beyond the date specified in the citation. If the licensee disputes a determination by the department regarding alleged failure to correct a violation or regarding the reasonableness of the proposed deadline for correction, the licensee may request an informal conference to contest the determination.

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Legislative history

Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.