49-142. Abatement order; hearing; injunction

281 words·~1 min read·/az/title-49/49-142

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. If the director has reasonable cause to believe from information furnished to the director or from the director's own investigation that a person is maintaining an environmental nuisance, the director may serve, by certified mail, an abatement order on the person requiring the person to abate the nuisance. If the person fails or refuses to comply with the order within the time specified in the order or if after reasonable attempts the director is unable to serve the order, the director may abate the nuisance at the department's expense.

The director shall be entitled to recover the reasonable costs of abatement incurred in accordance with any terms of the order that have been upheld after all rights to appeal or judicial review have been exhausted or waived.

B. An abatement order issued pursuant to this section becomes final unless within thirty days after receipt of the order an appeal is made pursuant to title 41, chapter 6, article 10.

C. If a person fails or refuses to comply with an abatement order issued under this section or if the director has reason to believe that a person is creating an actual or potential endangerment to the public health or environment because of acts performed in violation of this article or a rule applicable to any environmental nuisance described in section 49-141, the director may file an action in superior court in the county in which the violation occurred or in any county in which the department maintains an office to restrain and enjoin the person from further violations, to compel compliance with an order or to abate an environmental nuisance.

The court shall proceed as in other actions for injunctions.