Section 1416.74 Of Article 5. Enforcement From California Health And Safety Code >> Division 2. >> Chapter 2.35. >> Article 5.
1416.74
. (a) The time allowed for abatement of violation shall
begin the first day after the order of abatement has been served or
received. If a licensee who has been issued an order of abatement is
unable to complete the correction within the time set forth in the
citation because of conditions beyond his or her control after the
exercise of reasonable diligence, the licensee may request from the
program an extension of time in which to complete the correction. The
request shall be in writing and made within the time set for
abatement.
(b) An order of abatement shall either be personally served upon
the licensee or mailed by certified mail, return receipt requested.
(c) When an order of abatement is not contested, or if the order
is appealed and the licensee does not prevail, failure to abate the
violation cited within the time specified in the citation shall
constitute a violation and failure to comply with the order of
abatement. Where a licensee has failed to correct a violation within
the time specified in the citation the department shall assess the
licensee a civil penalty in the amount of fifty dollars ($50) for
each day that the violation continues beyond the date specified in
the citation. If the licensee disputes a determination by the
department regarding alleged failure to correct a violation or
regarding the reasonableness of the proposed deadline for correction,
the licensee may request an informal conference to contest the
determination.
(d) Any unpaid administrative fine shall begin accruing a
7-percent interest penalty on the unpaid balance due. This interest
shall continue to accrue until the administrative fine and interest
are paid in full.