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A. A notice of deficiency issued by the department shall:

1. State the basis for the department’s determination that the work is not in compliance with the permit, this chapter, or franchise agreement;

2. Give permittee reasonable time to correct the deficiency; provided, however, that if the notice of deficiency concerns a risk to public health or safety the department may require immediate compliance; and

3. State the department’s remedies if permittee fails to take corrective action, which may include, without limitation, removal of the noncompliant work or facility at permittee’s expense.

B. Compliance with notice of deficiency.

1. Permittee shall timely comply with a notice of deficiency.

2. If permittee should fail to timely comply with a notice of deficiency, the department may take the corrective action set forth in the notice. [Ord. 2018-09-015 § 1].