373.436
Remedial measures.
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373.436 Remedial measures.—
(1) Upon completion of any inspection provided for by s. 373.423(3), the executive director or the department shall determine what alterations or repairs are necessary and order that such alterations and repairs shall be made within a time certain, which shall be a reasonable time. The owner of such stormwater management system, dam, impoundment, reservoir, appurtenant work, or works may file a written petition for hearing before the governing board or the department no later than 14 days after such order is served. If, after such order becomes final, the owner shall fail to make the specified alterations or repairs, the governing board or the department may, in its discretion, cause such alterations or repairs to be made.
(2) Any cost to the district or the department of alterations or repairs made by it under the provisions of subsection (1) shall be a lien against the property of the landowner on whose lands the alterations or repairs are made until the governing board or department is reimbursed, with reasonable interest and attorney’s fees, for its costs.
History.—s. 11, part IV, ch. 72-299; s. 14, ch. 78-95; s. 21, ch. 89-279.
Notes of Decisions
Cited in 1
case, 1990–1990 · leading case: Marks v. Northwest Florida Water Management District
Marks v. Northwest Florida Water Management District (1990)
“Appellant challenges this order, contending that it is actually one for remedial measures as authorized by section 373.436, Florida Statutes, rather than one for corrective action as authorized by section 373.”
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