County or district board unable or unwilling to act.

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(1) If the county or district board is unable or unwilling to efficiently or promptly abate a nuisance or prevent the introduction or spread of a contagious or infectious disease, the county or district board or agency shall notify the state department and request assistance to take measures that will abate the nuisance or prevent the introduction or spread of disease.

  1. Upon receipt of the notice and request described in subsection (1) of this section, orupon determination that the county or district board is unable or unwilling to act, the state department has full power to take measures to ensure the abatement of the nuisance or prevent the introduction or spread of disease. The state department, for this purpose, may assume all powers conferred by law on the county or district board.

  2. The state department may reallocate state moneys from an agency that is not able toprovide core public health services or standards to another entity to deliver services in that agency's jurisdiction.

Source: L. 2008: Entire part R&RE, p. 2044, § 1, effective July 1.

Editor's note: This section is similar to former § 25-1-602 as it existed prior to 2008.


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