Section 701.038

Title XLI CODES AND STANDARDS

Chapter 701

Effective - 28 Aug 2004, 2 histories, see footnote   (history) 

  701.038.  Sewage complaints, investigation by department, when — right to inspect adjoining property, procedure requiring notice, exceptions. — 1. The department of health and senior services or any of its agents may not investigate a sewage complaint except when necessary as part of a communicable disease investigation unless the complaint is received from an aggrieved party, an adjacent landowner, or any two residents of the county. The department of health and senior services or any of its agents may enter any adjoining property if necessary when they are making an inspection pursuant to this section. The necessity for entering such adjoining property shall be stated in writing and the owner of such property shall be notified before the department or any of its agents may enter, except that, if an imminent health hazard exists, such notification shall be attempted but is not required.

  2. If the department or its agents make an investigation pursuant to a complaint as described in subsection 1 of this section and find that a nuisance does exist, the property owner shall comply with state and local standards when repairing or replacing the on-site sewage disposal system.

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(L. 1994 S.B. 446, A.L. 2004 H.B. 1433)