701.038. Sewage complaints, investigation by department, when--right to inspect adjoining property, procedure requiring notice, exception.
Sewage complaints, investigation by department, when--right toinspect adjoining property, procedure requiring notice, exception.
701.038. 1. The department of health and senior services or any ofits agents may not investigate a sewage complaint except when necessary aspart of a communicable disease investigation unless the complaint isreceived from an aggrieved party or an adjacent landowner. The departmentof health and senior services or any of its agents may enter any adjoiningproperty if necessary when they are making an inspection pursuant to thissection. The necessity for entering such adjoining property shall bestated in writing and the owner of such property shall be notified beforethe department or any of its agents may enter, except that, if an imminenthealth hazard exists, such notification shall be attempted but is notrequired.
2. If the department or its agents make an investigation pursuant toa complaint as described in subsection 1 of this section and find that anuisance does exist, the property owner shall comply with state and localstandards when repairing or replacing the on-site sewage disposal system.
(L. 1994 S.B. 446, A.L. 2004 H.B. 1433, A.L. 2005 H.B. 58 merged with H.B. 617)