M E M O R A N D U M TO: Persons Interested in a Local Health Ordinance to Regulate Subsurface Wastewater Disposal Systems and Establish Local Enforcement Procedures FROM: Francesca Latawiec Dupee, Principal Planner DATE: December 3, 1992 RE: Proposed Model Health Ordinance to Regulate Subsurface Wastewater Disposal Systems and Establish Local Enforcement Procedures This will transmit the proposed model health ordinance for regulation of subsurface wastewater disposal systems. This proposal is intended to be reviewed and used judiciously by interested municipalities. This model generally tracks the state administrative rules for subsurface wastewater disposal systems and the state public health statutes. A municipality may decide to adopt all or any portion of this proposal as presented. Each section of the model includes explanations, as appropriate. A municipality may adopt more stringent standards which, in effect, would supersede those presented here. Questions, and/or comments are welcome. Please do not hesitate to point out errors or inconsistencies. Comments regarding the usefulness of the model and/or the format are welcome. FLD:ler Enclosure ****************************************************************************** MODEL HEALTH ORDINANCE TO REGULATE SUBSURFACE DISPOSAL SYSTEMS AND ESTABLISH LOCAL ENFORCEMENT PROCEDURES New Hampshire Office of State Planning Jeffrey H. Taylor, Director December, 1992 ****************************************************************************** TABLE OF CONTENTS MODEL HEALTH ORDINANCE TO REGULATE SUBSURFACE WASTEWATER DISPOSAL SYSTEMS AND ESTABLISH LOCAL ENFORCEMENT PROCEDURES . . . . . . . 1 Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Article . Authority:. . . . . . . . . . . . . . . . . . . . . . . . . 3 Article . Purpose:. . . . . . . . . . . . . . . . . . . . . . . . . . 3 Article . Subsurface Wastewater Disposal Systems. . . . . . . . . . . 3 Section .01 Applicability . . . . . . . . . . . . . . . . . . . 3 Section .02 Local Review of Applications for Approval of Subsurface Wastewater Disposal Systems Required . . 4 Section .03 Reserved for Additional Local Subsurface Wastewater Disposal System Requirements. . . . . . . . . . . . 4 Section .04 Local Inspection Required for Construction of New and Replacement Subsurface Wastewater Disposal Systems. 4 Section .05 Periodic Inspection and Maintenance Required. . . . 5 Section .06 Requirements for Expansion of Existing Use, Including Conversion from Seasonal Use. . . . . . . . . . . . 6 Section .07 Fee For Local Inspection. . . . . . . . . . . . . . 7 Article . Enforcement . . . . . . . . . . . . . . . . . . . . . . . . 8 Section .01 Responsibility. . . . . . . . . . . . . . . . . . . 8 Section .02 Authority to Remove Nuisances . . . . . . . . . . . 9 Section .03 Written Warning of Violation. . . . . . . . . . . . 9 Section .04 Removal Order . . . . . . . . . . . . . . . . . . . 10 Section .05 Authority to Collect Nuisance Abatement Costs . . . 11 Article . Other Regulations: . . . . . . . . . . . . . . . . . . . . 11 Article . Severability:. . . . . . . . . . . . . . . . . . . . . . . 11 Article . Definitions:. . . . . . . . . . . . . . . . . . . . . . . . 11 Article . Certification of Adoption:. . . . . . . . . . . . . . . . . 13 ATTACHMENT I: SAMPLE WRITTEN WARNING . . . . . . . . . . . . . . . . . . . 14 ATTACHMENT II: SAMPLE REMOVAL ORDER. . . . . . . . . . . . . . . . . . . . 15 ****************************************************************************** MODEL HEALTH ORDINANCE TO REGULATE SUBSURFACE WASTEWATER DISPOSAL SYSTEMS AND ESTABLISH LOCAL ENFORCEMENT PROCEDURES Background: OSP's Water Protection Assistance Program has long promoted use of traditional planning and land use control techniques for water resources protection purposes. In New Hampshire, many planning boards have taken the initiative to prepare water resources components of their municipal master plans. These often serve as the basis for wetland, aquifer, watershed and other resource protection oriented zoning ordinances. Some municipalities include special requirements in their subdivision and site plan review regulations to protect their water resources. However, few have taken advantage of the opportunity to use a local health ordinance to protect water quality for reasons of public health and safety. The New Hampshire Wellhead Protection Program (WHPP), within the Department of Environmental Services (DES) recognized the potential for a health ordinance to serve as an effective tool to protect groundwater resources. They contracted with OSP to assist them in developing a model health ordinance which could be used to implement a local wellhead protection program. The focus of such a program is on active management, as opposed to prohibition, of land uses that may have the potential to contaminate groundwater. The results of that effort are detailed in the DES document entitled Model Health Ordinances to Implement a Wellhead or Groundwater Protection Program, October, 1992. As part of the process of developing the WHPP document, OSP met with the New Hampshire Health Officers Association and a number of local health officers that expressed an interest in the project. In addition to their input to the wellhead model, the health officers expressed an interest in a more general model that could be expanded to address additional issues for which health officers are responsible. The list is long, ranging from water quality and wastewater nuisances to animal control and school health. Two areas that the health officers specifically expressed an interest in were local regulation of septic systems and effective local enforcement procedures. This model was developed to provide municipalities with a tool that begins to address the issues identified by the health officers. It is not intended as a comprehensive model ordinance, but rather one that provides a suggested framework from which a municipality can develop a health ordinance to address specific local needs and concerns. An article has been reserved in the model for additional health requirements that are locally important. The requirements for subsurface wastewater disposal systems suggested by this model are consistent with portions of the state administrative rules for subdivision and individual sewage system disposal, Env-Ws 1000. They address periodic inspection and maintenance by homeowners and expansion of use of subsurface wastewater disposal systems. A section has been reserved for a municipality to include additional state or local requirements which they feel are appropriate. The enforcement requirements suggested by this model ordinance allow the health officer the option to issue a written warning for violations that are not an immediate threat to public health and safety. This allows the health officer to provide the opportunity for correction of an unintentional violation within a reasonable time frame. It also presents the option for the health officer to issue a removal order that is consistent with RSA 147:7 - (a) and (b). This authorizes recovery of nuisance abatement costs incurred by a municipality to correct a violation that is an immediate threat to public health and safety. A municipality may decide to adopt all or any portion of this proposal, as presented. Each section of the model includes explanations, as appropriate. It is recommended that prior to adoption of any of the requirements suggested in this model, local officials perform a careful review to determine the extent to which they are consistent with existing local requirements and procedures. This is important to eliminate potential duplication or inconsistent language which might cause confusion in implementation of the ordinance. ****************************************************************************** DRAFT MODEL HEALTH ORDINANCE TO REGULATE SUBSURFACE WASTEWATER DISPOSAL SYSTEMS AND ESTABLISH LOCAL ENFORCEMENT PROCEDURES ARTICLE . AUTHORITY: This ordinance was recommended by the Health Officer and approved by the Board of Selectmen of _____________ (Town/City) under the authority granted in RSA 147:1, entitled "Local Regulations". "RSA 147:1,I. The Health Officers of towns may make regulations for the prevention or removal of nuisances and such other regulations relating to the public health as in their judgement the health and safety of the people require, which shall take effect when approved by the selectmen, recorded by the town clerk, and published in some newspaper printed in the town, or when copies thereof have been posted in 2 or more public places in the town." COMMENT: Although not required, it is recommended that the selectmen and the Health Officer hold a public hearing prior to adoption of a health ordinance. ARTICLE . PURPOSE: To provide for the prevention or removal of nuisances and to protect the public health and safety of the people of the Town/City of ______________. COMMENT: Under the auspices of protecting the public health and safety, a municipality may choose a more specific purpose for the health ordinance. For example, to provide the framework for a groundwater protection program, based on active management of potential contamination sources. ARTICLE . SUBSURFACE WASTEWATER DISPOSAL SYSTEMS: COMMENT: RSA 147:10 specifically authorizes the Health Officer to make regulations to ensure the safety and adequacy of subsurface disposal systems within the municipality. SECTION .01 - APPLICABILITY: This article shall apply to all subsurface wastewater disposal systems located within the Town/City of . COMMENT: RSA 147:1 authorizes health officers to make regulations relating to the public health and safety. One area within which this authority has traditionally been exercised is local regulation and inspection of subsurface wastewater disposal systems. The local health ordinance may be used to require that subsurface disposal system applications meet state regulatory requirements without the option that waivers be granted. SECTION .02 - LOCAL REVIEW OF APPLICATIONS FOR APPROVAL OF SUBSURFACE WATERWATER DISPOSAL SYSTEMS REQUIRED: Applications for the construction of new or the replacement of existing subsurface wastewater disposal systems shall be submitted to the Health Officer for review and approval. This local approval process is in addition to application for state approval in accordance with administrative rules contained in Chapter Env-Ws 1000. Where the requirements of the state and local regulations differ, the more stringent shall govern. COMMENTS: - A local review provides the Health Officer with the opportunity to verify that applications for approval of subsurface wastewater disposal systems meet all local requirements prior to their submission for state approval. - Chapter Env-Ws 1000, entitled Subdivision and Individual Sewage Disposal System Rules, describes the requirements for subsurface disposal systems. These state requirements can be strengthened and enforced locally by including them in a health ordinance. SECTION .03 - RESERVED FOR ADDITIONAL LOCAL SUBSURFACE WASTEWATER DISPOSAL SYSTEM REQUIREMENTS COMMENT: Municipalities have the option to adopt requirements in the health ordinance that differ from and/or are more stringent than the state's rules for individual sewage disposal systems. It is recommended that the technical basis for such requirements be thoroughly documented and given careful consideration prior to local adoption. SECTION .04 - LOCAL INSPECTION REQUIRED FOR CONSTRUCTION OF NEW AND REPLACEMENT SUBSURFACE WASTEWATER DISPOSAL SYSTEMS: All new and replacement subsurface wastewater disposal system construction shall be inspected by the Health Officer, prior to local approval, to assure that the system meets the requirements of this Article and Env-Ws 1000. COMMENTS: - Municipalities have the option to require an inspection by the local Health Officer prior to local approval of subsurface wastewater disposal systems. - The ordinance should either specify the frequency and timing of inspections or specify that arrangements for inspection will be made between the Health Officer and the applicant at the time of application. SECTION .05 - PERIODIC INSPECTION AND MAINTENANCE REQUIRED: COMMENT: Part Env-Ws 1023 of the state's individual sewage disposal system rules describes operating requirements for septic systems of which many homeowners are not aware. These state requirements can be strengthened and enforced locally by including them in a health ordinance. (a) INSPECTION AND PUMPING: All subsurface wastewater disposal systems shall be inspected by the owner, at least once annually. If, upon inspection, the owner observes that the tank is one third full of solids or more, s/he is required to have the tank pumped. COMMENTS: - Env-Ws 1023.01 requires that septic tanks be inspected for accumulation of sludge and surface scum at least once every year. When the combined thickness of sludge and surface scum equals 1/3 or more of the tank depth, the tank shall be pumped by a licensed septic tank pumper. - A local public education program is recommended to enhance the effectiveness of an inspection and maintenance program. (b) DISPOSAL OF GREASE AND BULKY WASTE: To prevent obstruction of the distribution lines and leachfield, grease and bulky wastes shall not be flushed or otherwise introduced into the subsurface wastewater disposal system. COMMENT: Env-Ws 1023.02 prohibits flushing or introducing grease or bulky wastes to septic systems. (c) DISPOSAL OF TOXIC AND/OR HAZARDOUS MATERIALS: Toxic and/or hazardous materials shall not be flushed or otherwise introduced into the subsurface wastewater disposal system. COMMENT: Env-Ws 1023.03 prohibits flushing or introducing toxic and/or hazardous materials to septic systems. (d) PROTECTION OF DISTRIBUTION LINES AND LEACHFIELDS: To prevent damage to the distribution lines and leachfield, vehicles, livestock and other heavy objects shall not be allowed on the leachfield. COMMENT: Env-Ws 1023.04 prohibits heavy objects, such as vehicles and livestock from being on the land surface above the leachfield of a septic system. (e) INSPECTION REQUIRED WHEN INDICATORS OF FAILURE ARE OBSERVED: If wet areas appear on the ground surface above the distribution lines or leachfield or if disagreeable odors occur, the system shall be inspected for the source of these problems and action shall be taken to correct the source of the problem. COMMENT: Env-Ws 1023.05 requires that septic systems be inspected when indicators of failure are observed, such as ponding above the leachfield or septic tank or the presence of odors. Action must be taken to correct any problem that is discovered. (f) AUTHORITY TO REQUIRE CORRECTIVE ACTION: The Health Officer shall have the authority to require the owner of any wastewater disposal system to perform any maintenance or other corrective action s/he determines is necessary, within a reasonable time frame. COMMENT: RSA 147:4 authorizes the Health Officer to remove or destroy any nuisance or other thing therein deemed by them on examination to be injurious to the public health, within a limited time. SECTION .06 - REQUIREMENTS FOR EXPANSION OF EXISTING USE, INCLUDING CONVERSION FROM SEASONAL USE: COMMENT: RSA 485-A:38 and Env-Ws 1004.12-14 require submission of an application to the DES-WSPCD Subsurface Bureau prior to increasing the load on a subsurface wastewater disposal system by either expanding the structure or occupying a structure for a period of nine consecutive months or more. (a) CURRENT STANDARDS FOR SUBSURFACE WASTEWATER DISPOSAL SYSTEMS REQUIRED FOR EXPANSION OF EXISTING USE, INCLUDING CONVERSION FROM SEASONAL USE: Existing subsurface wastewater disposal systems shall either: - meet the current requirements of this Article, or - the owner shall submit to the Health Officer an inspection report, prepared by a designer, licensed in the state of New Hampshire, demonstrating that the lot(s) can support a wastewater disposal system that meets the requirements of this Article. COMMENTS: - The wastewater load that a septic system must provide treatment for on an annual basis will change as properties are converted from seasonal to year round use, condominiums or time sharing units. - It is common for old or seasonal properties to have subsurface disposal systems that were installed prior to adoption of state and local regulations and therefore do not meet current design standards. - A health ordinance can require that subsurface disposal systems be upgraded to current design standards upon expansion of existing use or conversion from seasonal use to a more permanent form of occupancy. (b) INSPECTION REQUIRED FOR EXPANSION OF EXISTING USE, INCLUDING CONVERSION FROM SEASONAL USE: Whenever an existing developed property is proposed for expansion of existing use, including conversion from seasonal use to a more permanent form of occupancy, the owner shall have the subsurface wastewater disposal system inspected by a designer, licensed in the state of New Hampshire. COMMENT: It is in the best interest of water quality to require that older septic systems and those on seasonal properties proposed for expansion or conversion to greater use be inspected to assure that they are adequate to meet future wastewater treatment needs. (c) INSPECTION REPORT REQUIRED FOR EXPANSION OF EXISTING USE, INCLUDING CONVERSION FROM SEASONAL USE: The licensed designer shall make an inspection report to the Health Officer, to include: the lot dimensions; a detailed diagram showing the type, extent and location of the existing subsurface disposal system; loading calculations; soils information; and a statement relative to the adequacy of the system for its intended and proposed use. COMMENT: A requirement that an official inspection report be filed by a qualified professional can help to assure the Health Officer of conditions on-site. (d) UPGRADE OF EXISTING SUBSURFACE DISPOSAL SYSTEM REQUIRED: If an inspection report for expansion or conversion of a subsurface disposal system indicates that an existing system is not adequate for its intended and proposed use, the Health Officer shall have the authority to require that the owner install a replacement system that meets current standards. COMMENT: RSA 147:4 authorizes the Health Officer to remove or destroy any nuisance or other thing therein deemed by them on examination to be injurious to the public health, within a limited time. SECTION .07 - FEE FOR LOCAL INSPECTION OF SUBSURFACE WASTEWATER DISPOSAL SYSTEMS (Optional): There shall be a fee for inspection of subsurface wastewater disposal systems, to be paid by the owner of the system. A fee schedule shall be established by the board of selectmen, which reasonably represents the cost of performing an inspection on various types of systems. The inspection fee shall be paid prior to issuance of a local approval by the Health Officer, as specified in Article . Section .04 and Section .06 The procedure for adoption of the fee schedule shall be as provided for in RSA 41:9-a. COMMENTS: - A fee for site inspection is an option that a municipality may wish to consider adopting as part of a local health ordinance. Local action at town meeting is required before a health ordinance can be used to institute inspection fees. - RSA 41:9-a authorizes towns to vote at an annual or special town meeting to authorize the selectmen to establish or amend fees. This vote remains in effect until rescinded. If such a vote has not been taken, it must be proposed, prior to establishing inspection fees for a local wellhead protection program. - RSA 41:9-a, II (a) only specifies that fees are authorized for issuance of licenses or permits that are part of a regulatory program established by a vote at town meeting. Such a vote would be required, to establish the management program locally, prior to instituting any fees. - RSA 41-9:a, IV requires that the procedure for adoption of fees include a public hearing noticed in two public places at least seven days prior and published in a news paper of general circulation in the town. The notice shall include the proposed schedule of fees. ARTICLE . RESERVED FOR ADDITIONAL PUBLIC HEALTH REQUIREMENTS OF LOCAL IMPORTANCE COMMENT: In accordance with RSA 147:1, I the Health Officers of towns may make regulations for the prevention or removal of nuisances and such other regulations relating to the public health as in their judgement the health and safety of the people require. This article is reserved to remind local officials that a health ordinance can include requirements to address local needs that go beyond the limited scope of issues addressed by this model. ARTICLE . ENFORCEMENT SECTION .01 - RESPONSIBILITY: The Health Officer of the Town of shall be responsible for enforcement of the provisions of this ordinance. COMMENT: The health ordinance should define who is responsible for enforcement. It is important that correspondence related to enforcement matters be well documented in local records because they may later be subject to legal proceedings. SECTION .02 - AUTHORITY TO REMOVE NUISANCES: In the event that the owner of a subsurface wastewater disposal systems fails to comply with a removal order issued under Article Section .04 of this ordinance within the specified time period, the Health Officer shall have the authority to cause the nuisance involved with the violation to be removed or destroyed. COMMENT: RSA 147:4 authorizes the Health Officer to enter and cause the nuisance or other things to be removed or destroyed if the landowner fails to do so. SECTION .03 - WRITTEN WARNING OF VIOLATION: (a) Written Warning: A written warning of violation shall be issued to the owner of a subsurface wastewater disposal system by the Health Officer if s/he determines that it is in violation of any of the requirements of this ordinance and that the violation is not an immediate threat to public health and safety. COMMENT: The written warning allows the opportunity for a property owner to show a good faith effort to correct an unintentional violation within a reasonable time frame. (b) The written warning shall: Specify the actions or conditions which violate the requirements of this ordinance; Identify what needs to be done to correct the violation(s); and Specify a reasonable time frame within which the violation shall be corrected. (c) Copies of Written Warning One copy of the written warning shall be provided to the owner of the subsurface wastewater disposal system and one shall be kept in the official records of the Health Officer. COMMENT: Attachment I is a sample written warning form that can be used to develop one that is specific to a municipality's individual needs and administrative processes. SECTION .04 - REMOVAL ORDER: (a) Removal Order A removal order shall be issued to the owner of a subsurface wastewater disposal system by the Health Officer: If the system is found to violate requirements of this ordinance and an immediate threat to public health and safety exists, in the opinion of the Health Officer; or If a violation is not corrected within the time frame specified in a written warning issued by the Health Officer. COMMENT: RSA 147:4 authorizes the Health Officer to notify the owner or occupant of any building, vessel, premises or property to remove or destroy any nuisance or other thing therein deemed by them, on examination, to be injurious to the public health, within a limited time. (b) The removal order shall: Specify the actions or conditions which violate the requirements of this ordinance; Identify what needs to be done to correct the violation(s); and Specify the time frame within which the violation shall be corrected, based on the degree of threat to public health and safety. COMMENT: Attachment II is a sample removal order form that can be used to develop one that is specific to a municipality's needs and administrative processes. (c) Copies of Removal Order One copy of the removal order shall be provided to the owner of the subsurface wastewater disposal system and one shall be kept in the official records of the Health Officer. SECTION .05 - AUTHORITY TO COLLECT NUISANCE ABATEMENT COSTS: In the event that the owner of a subsurface wastewater disposal system fails to comply with a removal order issued under Section .04 of this ordinance within the specified time period, the Health Officer shall have the authority to commence an action for collection of nuisance abatement costs in accordance with RSA 147:7-b. COMMENTS: - RSA 147:7-b authorizes a municipality to recover nuisance abatement costs, provided that proper notice is given to the owner in accordance with RSA 147:7-a. In accordance with RSA 147:7-b, abatement costs constitute a lien against real estate, enforceable in the same manner as real estate taxes, including possible loss of the property for nonpayment. - The sample letter presented in Attachment II includes the elements of notice that are required by RSA 147:7-a in order for a municipality to collect nuisance abatement costs. It can be used to develop a letter to meet a municipality's individual needs and administrative processes. ARTICLE . OTHER REGULATIONS: When the provisions herein specified conflict with those of other ordinances or regulations, the most stringent requirements shall apply. COMMENT: This type of requirement is recommended to assure that the ordinance does not compromise the strength of the other local ordinances and regulations. ARTICLE . SEVERABILITY: In the event that any part or provision of this ordinance is found to be invalid, this shall not have the affect of invalidating other provisions of the ordinance. COMMENT: Some type of saving clause is commonly included in local ordinances and regulations to assure that any court action that declares a portion of the ordinance to be invalid does not nullify the entire ordinance. ARTICLE . DEFINITIONS: Distribution Lines and Leachfields: Distribution lines means the distribution lines associated with subsurface wastewater disposal systems and leachfields. Leachfields means a shallow sewage disposal area, usually about 2 feet deep, designed for the final disposal of a septic tank or equivalent effluent in the underlying soil, excluding chambered systems as defined by Env-Ws 1002.04. Expansion of Existing Use: Expansion of existing use means any increase in the load of a subsurface wastewater disposal system either by expanding a structure or occupying a structure on a full time basis as defined in Env-Ws 1002.14. Full Time Occupancy: Full time occupancy, as defined in Env-Ws 1002.14, means occupancy of a structure as a primary domicile or for a period of nine consecutive months or more. Grease and Bulky Waste: Grease means any non-water soluble material. Bulky waste means any non-pulverized food waste or any other solid matter. Indicators of Failure: Indicators of failure means wet areas above the distribution lines, leachfield or septic tank or the presence of disagreeable odors. Subsurface Wastewater Disposal System: Subsurface wastewater disposal system means any sewage disposal or treatment system, other than municipally owned and operated systems, which receives either sewage or other wastes or both. Toxic and Hazardous Materials: Toxic and hazardous materials means any materials and/or substances that are regulated by 40 CFR 302 7/1/90 edition. ARTICLE . CERTIFICATION OF ADOPTION: A. We, the undersigned do hereby attest that this health ordinance was adopted by a majority vote of the (Town) Board of Selectmen at their duly noticed public meeting on: date _ Chairman, Board of Selectmen Selectman Selectman B. This health ordinance was recorded with the (Town) Town Clerk on: date Town Clerk C. A summary of this health ordinance was published in (Local Newspaper) on (Date), with a notice of where the ordinance was posted in Town. D. This health ordinance was posted at and (Two Public Places) as of (Date). E. Effective Date: F. In accordance with RSA 147:1, III, a copy of this health ordinance was forwarded to the Division of Public Health Services in the Department of Health and Human Services by the Town Clerk on (Date). ****************************************************************************** ATTACHMENT I SAMPLE WRITTEN WARNING Dear Property Owner: You are hereby informed that based on an inspection performed by the Health Officer on (Date), your subsurface wastewater disposal system does not meet the requirements of Article Section of the health ordinance. You are hereby warned to correct the violations listed below. If you fail to correct these violations within working days, a formal removal order shall be issued by the Health Officer. Once a formal removal order is issued the Health Officer has the authority to enter your property to perform corrective actions on behalf of the town. The town is authorized to recover any nuisance abatement costs associated with the necessary actions from you in accordance with RSA 147:7. Section of the Health Ordinance Violated and Corrective Action Required: A copy of the inspection report which details the nature of the violation at hand is enclosed. Sincerely, Town Health Officer ATTACHMENT II SAMPLE REMOVAL ORDER Dear Property Owner: You are hereby notified that your subsurface wastewater disposal system is in violation of Article , Section of the Health Ordinance of the Town of . It has been determined, based upon an inspection performed by the Health Officer on (Date), that conditions at your property constitute a danger to the public health, and safety under provisions of the Ordinance. A copy of the inspection report which provides details about the nature of the violation is enclosed for your records. (If an inspection form is not used, the letter must describe the nuisance or other threat to public health.) You are also notified that you are required to take the corrective action(s) listed below to remove the threat to public heath within working days of receipt of this notice. (The number of days to be determined by the Health Officer, based on the seriousness of the danger to public health.) Failure to do so may result in the Health Officer or his/her assistant exercising the authority provided under RSA 147:4 to enter your property and to perform corrective actions on behalf of the Town. If such action is required due to your negligence, you will be held responsible for the corrective costs incurred by the Town. Such costs shall constitute a lien against your property, enforceable in the same manner as property taxes, including possible loss of the property if not paid. Section of the Health Ordinance Violated and Corrective Action Required: Please contact me at if you have any questions regarding this notice or how to comply with the corrective actions required by it. I will be in touch with you again prior to the end of the time period previously specified to arrange a mutually acceptable time for a compliance inspection. Sincerely, Town Health Officer NOTE: To be adequate for a municipality to collect nuisance abatement costs, the notice must be sent by registered mail, return receipt requested to the last known post office address: of the current owner, if known; or of the person against whom taxes are assessed for the property; and to any tenant, occupant, owner's agent or other person known by the Health Officer to exercise control over the premises. (RSA 47.1:7-a, II) exit