§ 52-6. Administration.  
A.
Henderson County Ordinances. Except where otherwise specified, this Chapter is subject 
to all provisions of the Henderson County Code.  
B.
Declaration as a public nuisance.  
(1)
It shall be the duty of the Department to determine whether or not a public 
nuisance exists.  
(2)
For purposes of emergency response and notification to applicable authorities 
and posting for the public, a zoning enforcement officer may determine that a 
structure, property, or portion of a property constitutes a public nuisance 
pursuant to a memorandum of understanding with the Henderson County 
Department of Public Health.    
C.
Modifications to or dismissal of the public nuisance declaration.  
(1)
The Department may modify conditions of the declaration or dismiss the 
declaration of a public nuisance.  
(2)
Such modifications or dismissal shall occur only after the Department has 
confirmed that the violation no longer exists.  
(3)
The Department will base its criteria for determining levels of contamination on 
the best health and safety information available at the time of the remediation 
and cannot be held liable for future discoveries.  
(4)
For good cause shown, the owner or occupant may request authorization from 
the Department for an extension of time to complete abatement activities. The 
Department may grant such extension if the extension does not increase the risk 
to public or safety and is deemed appropriate by the Department. An extension 
will be no longer than 30 days and must show substantial improvement or the 
completion of that deadline will result in penalty.    
D.
Access to premises and records. The owner or occupant shall, upon the request of the 
Department and after proper identification, permit access to all parts of the site or 
structure as often as necessary, and at any reasonable time for the purposes of inspection, 
remediation and abatement, and shall exhibit and allow copying of any and all records 
necessary to ascertain compliance with this Chapter. If the occupant will not permit entry
upon the property, the Department shall complete the requirements of an administrative 
search warrant in order to inspect the complaint.  
E.
Interference with the Department. No person shall in any way interfere with or hinder the
Department in the performance of duties, or refuse the Department access to gather 
information necessary to ascertain compliance with this Chapter.