37-1391. Cease and desist order; law enforcement procedures; violation; civil penalty

A. If the state forester, the assistant director of the office of the state fire marshal or a deputy fire marshal has reasonable cause to believe that any person has committed or is committing a violation of this article, any rule adopted pursuant to this article or any order issued pursuant to this article that does not constitute an immediate and apparent hazard to life or property, the assistant director through the state forester may issue and serve on the person by certified mail a cease and desist order.

B. If the violation does not constitute an immediate hazard to life or property, the assistant director of the office of the state fire marshall shall grant to the person whom the assistant director alleges to be in violation of any rule or order a reasonable period of time, which is not less than five days after the date of receipt of the notice, to comply with the order.

C. On the failure or refusal of a person to comply with a cease and desist order issued pursuant to subsection A of this section, the state forester may file an action in the superior court in the county in which the violation is alleged to have occurred to enjoin the person from engaging in further acts in violation of the cease and desist order. The court shall proceed as in other actions for preliminary injunction. Any person found to be in contempt of an injunctive order of the court shall be assessed a civil penalty of not more than one thousand dollars with each day of violation constituting a separate contempt.

D. If the state forester, the assistant director of the office of the state fire marshall or a deputy fire marshall has reasonable cause to believe that any person has committed or is committing a violation of this article, any rule adopted pursuant to this article or any order issued pursuant to this article that constitutes an immediate and apparent hazard to life or property, the assistant director through the state forester may either:

1. Issue and serve by personal service a cease and desist order, which may require immediate compliance. On failure of a person to comply with a cease and desist order issued pursuant to this paragraph, the state forester shall file an action in the superior court in the county where the violation occurred to enjoin the person from engaging in further acts in violation of the cease and desist order.

2. File an action in the superior court in the county in which the violation is alleged to have occurred to enjoin a person from engaging in further acts in violation of the rule or order without issuing a cease and desist order.

E. In an action filed under subsection D of this section, the court shall proceed as in other actions for preliminary injunction. Any person found to be in contempt of an injunctive order of the court shall be assessed a civil penalty of not more than one thousand dollars with each day of violation constituting a separate contempt.

F. A person who is served with a cease and desist order pursuant to this section may request a hearing pursuant to title 41, chapter 6, article 10.