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Section 8701.2 Of Article 6. Enforcement Of Unauthorized Activities And Encroachments From California Water Code >> Division 5. >> Part 4. >> Chapter 3. >> Article 6.
8701.2
. (a) If the board or executive officer determines that any
person or public agency has failed to adequately respond to a notice
of violation, the board or executive officer may issue an order
directing that the person or public agency to whom the notice of
violation was issued to cease and desist.
(b) The board or executive officer may, within its discretion, issue a cease and desist order without first issuing a notice of violation in cases where the board or executive officer finds that issuance of a notice of violation would be futile, would result in unreasonable delay, or would be unlikely to invoke a timely response. In the event the board or executive officer issues a cease and desist order without first issuing a notice of violation, the cease and desist order shall contain the information required under subdivision (c) of Section 8701.
(c) A cease and desist order shall do all of the following:
(1) Include a copy of the notice of violation.
(2) Be effective upon its issuance and served immediately pursuant to Section 8703.
(3) Require that the corrective actions described in the notice of violation be completed within a specified time period or the person or public agency shall be subject to an enforcement order pursuant to Section 8701.4.
(4) Provide a date, time, and location of a public meeting before the board at which the person or public agency may appear to contest the cease and desist order.
(d) The meeting noticed pursuant to paragraph (4) of subdivision (c) shall be consistent with all of the following:
(1) The meeting shall be scheduled to occur at least 30 days after issuance of the cease and desist order and shall be held pursuant to the provisions of this part and regulations adopted by the board.
(2) At the meeting, the board may affirm, amend, modify, stay, or rescind the cease and desist order.
(3) If a person or public agency subject to a cease and desist order fails to appear at the meeting, the cease and desist order may be approved by default.
(b) The board or executive officer may, within its discretion, issue a cease and desist order without first issuing a notice of violation in cases where the board or executive officer finds that issuance of a notice of violation would be futile, would result in unreasonable delay, or would be unlikely to invoke a timely response. In the event the board or executive officer issues a cease and desist order without first issuing a notice of violation, the cease and desist order shall contain the information required under subdivision (c) of Section 8701.
(c) A cease and desist order shall do all of the following:
(1) Include a copy of the notice of violation.
(2) Be effective upon its issuance and served immediately pursuant to Section 8703.
(3) Require that the corrective actions described in the notice of violation be completed within a specified time period or the person or public agency shall be subject to an enforcement order pursuant to Section 8701.4.
(4) Provide a date, time, and location of a public meeting before the board at which the person or public agency may appear to contest the cease and desist order.
(d) The meeting noticed pursuant to paragraph (4) of subdivision (c) shall be consistent with all of the following:
(1) The meeting shall be scheduled to occur at least 30 days after issuance of the cease and desist order and shall be held pursuant to the provisions of this part and regulations adopted by the board.
(2) At the meeting, the board may affirm, amend, modify, stay, or rescind the cease and desist order.
(3) If a person or public agency subject to a cease and desist order fails to appear at the meeting, the cease and desist order may be approved by default.
