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6. Upon receipt by the operator of the written notice of warning that the 50 fly spot weekly <br /> count has been exceeded, and a subsequent failure to conduct twice weekly manure clean <br /> out and removal within 7 calendar days of operator's receipt of the warning, the Vector <br /> Control District will issue a preliminary finding of a public nuisance. <br /> 7. Upon receipt by the operator of the written notice of warning that the 50 fly spot weekly <br /> count has been exceeded, and a subsequent failure to spray and validate spray activities <br /> within 24 hours of operator's receipt of the warning, the Vector Control District will issue a <br /> preliminary finding of a public nuisance. <br /> 8. Should the average fly spot card weekly count exceed 75, a preliminary finding of a public <br /> nuisance will be issued immediately. <br /> 9. The statutory procedures in Health and Safety Code section 2061 will be followed for the <br /> preliminary finding of a public nuisance, including the right to a hearing before the Board of <br /> Supervisors. <br /> 10. The owner and operator certify that the addresses listed in the document are correct. The <br /> owner and operator both agree that the notice of a preliminary finding of a public nuisance <br /> may be served in person or by certified mail at the addresses listed in this document and <br /> such notice will be deemed to be in compliance with the requirements of Health and Safety <br /> Code section 2061. Owner and operator will immediately notify the Vector Control District <br /> Manager of any changes to this information <br /> 11. The owner and operator acknowledge that a finding of a public nuisance may result in <br /> penalties up to $1000 per day for each day a public nuisance exists on the property. <br /> 12. This Compliance Agreement may be executed in any number of counterparts, each of which <br /> will for all purposes be deemed to be an original and all of which will together constitute one <br /> and the same instrument. <br /> Date Owner <br /> Title <br /> Date Operator <br /> M�tY3 cc 0,1 kln p6t rl 19 C- <br /> Title <br /> 5-- 03 <br /> Date Tim Mulligan, Manager, Vector Control District Date Antone Pacheco, Director DEH, HMC Division <br /> 05/09/2003 3 <br />