4-35-7 - Notice to owner or occupant -- Corrective action required -- Directive issued by department -- Costs -- Owner or occupant may prohibit spraying.
4-35-7. Notice to owner or occupant -- Corrective action required -- Directiveissued by department -- Costs -- Owner or occupant may prohibit spraying.
(1) The department or an authorized agent of the department shall notify the owner oroccupant of the problem and the available alternatives to remedy the problem. The owner oroccupant shall take corrective action within 30 days.
(2) If the owner or occupant fails to take corrective action under Subsection (1), thedepartment may issue a directive for corrective action which shall be taken within 15 days. If theowner or occupant fails to act within the required time, the department shall take the necessaryaction. The department may recover costs incurred for controlling an insect infestationemergency from the owner or occupant of the property on whose property corrective action wastaken.
(3) Owners or occupants of property may prohibit spraying by presenting an affidavitfrom their attending physician to the department which states that the spraying as planned is adanger to their health. The department shall provide the owner or occupant with alternatives tospraying which will abate the infestation.
Amended by Chapter 378, 2010 General Session