Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 1617 - Consequences of Failure to Abate(a) It is unlawful for the person ordered to abate a violation to fail or refuse to remove and abate that violation within the time period allowed in the order after the date of posting of an order on the cited unit, structure, or property or receipt of an order. After the expiration of the time period allowed for an order related to a violation, the enforcement agency has the authority to initiate any appropriate action or proceeding to abate the violation, including but not limited to seeking a court order for abatement by a receiver or other person.(b) If, after the reinspections of an order to correct a violation, the enforcement agency determines that the cited person has made reasonable progress to abate the violation, or that circumstances beyond the control of the cited person have interfered with compliance or slowed compliance, the enforcement agency, in its sole discretion, may extend the period for compliance.(c) Notwithstanding the provisions of subdivision (a), if a violation poses an imminent hazard representing an immediate risk to life, health, and safety and requires immediate correction, the enforcement agency has the authority to initiate any appropriate action or proceeding to abate a violation if abatement is not complete within the time period allowed by the notice of violation and order.Cal. Code Regs. Tit. 25, § 1617
1. Renumbering of former section 1722 to new section 1617, including amendment of section heading, section and NOTE, filed 7-6-2004; operative 7-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28). Note: Authority cited: Sections 18300 and 18605, Health and Safety Code. Reference: Sections 18404, 18423 and 18605, Health and Safety Code.
1. Renumbering of former section 1722 to new section 1617, including amendment of section heading, section andNote, filed 7-6-2004; operative 7-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).