§ 52-6. Administration.
Henderson County Ordinances. Except where otherwise specified, this Chapter is subject
to all provisions of the Henderson County Code.
Declaration as a public nuisance.
It shall be the duty of the Department to determine whether or not a public
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.
Modifications to or dismissal of the public nuisance declaration.
The Department may modify conditions of the declaration or dismiss the
declaration of a public nuisance.
Such modifications or dismissal shall occur only after the Department has
confirmed that the violation no longer exists.
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.
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.
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.
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.