40A-6.481. Remedial and Emergency Measures

(1) Upon completion of any inspection provided for by Section 373.423, F.S., the Executive Director shall determine if any alterations or repairs are necessary in order to comply with the provisions of Chapter 373, F.S., or any regulations, permit, or order issued thereunder, and order that such alterations or repairs shall be made within a time certain, which shall be a reasonable time. The owner of such work or works shall be served with the order to make such alterations or repairs. The owner of such work or works may file a written petition within fourteen (14) days after such order is served for a hearing in accordance with Chapter 120, F.S. If, after such order becomes final, the owner of such work or works shall fail to make the specified alterations or repairs, the Board shall, cause such alterations or repairs to be made or employ other means as necessary to protect public safety as authorized by Section 373.439, F.S.

(2) In the event that the requirements or interests of the District indicate that the alteration, repair, or removal of any structure or work installed by the permittee within works of the District is necessary, sixty (60) days written notice shall be given to the affected permittee. The affected permittee may file a written petition for a hearing under provisions of Chapter 120, F.S. Such petition shall be filed no later than fourteen (14) days after notice of alteration, repair, or removal is served. Should the permittee fail or refuse to alter, repair, or remove the structure or work, the costs incident thereto shall be paid by the permittee.

(3) Structures or works installed by the permittees within works of the District are subject to immediate alteration, repair, or removal without sixty (60) days written notice or prior hearing if an emergency condition exists and the continued exercise of the permit authorization might endanger lives or property. In such emergency situations, the District will notify permittees, if practical, of the action required. Failure of the permittee to carry out such emergency action when notified will be cause for immediate cancellation of the permit (or alteration, repair, or removal of structures or works for which the permit was issued). The affected permittee shall comply immediately with emergency orders, but, upon written petition to the Board, shall be afforded a hearing as soon as possible, but in no event later than thirty (30) days from the receipt of such petition by the Board.

Rulemaking Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented 373.119, 373.436, 373.439 FS. History–New 4-14-80, Formerly 16G-6.48, Amended 8-6-13.