24.10.1.130 Notice of Trespass and Order to Comply

(a) The Notice of Trespass and Order to Comply must be in writing, identify the person in trespass, the location and date of the trespass, and contain a short statement of facts indicating the nature and circumstances of the trespass.

(b) The Notice of Trespass and Order to Comply must specify any one or more of the following actions to remedy the trespass:

(1) Removal of the person in trespass or property of the person in trespass or both from the premises;

(2) Compliance with the terms, conditions, covenants or restrictions of any applicable lease, easement, right-of-way, or permit;

(3) Any other action as may be necessary to cure the trespass; or and

(4) Specify a reasonable period of time within which the person in trespass may cure the trespass. The Notice of Trespass and Order to Comply, however, may not require any action or specify any time period inconsistent with any provision of the applicable lease, easement, right-of-way, or permit.

(c) The Notice of Trespass and Order to Comply shall advise the person identified therein of the rights available under Section 24.10.1.170 of this Act.

(d) The Realty Officer shall serve the Notice of Trespass and Order to Comply upon the person identified in the notice in accordance with the provisions of the applicable lease, easement, right-of-way, or permit, if any.

(e) Nothing in this section prohibits the Realty Officer from assessing any penalties or damages or both for trespasses by the person in trespass occurring before service of the Notice of Trespass and Order to Comply or before the completion of any cure period provided in the Notice of Trespass and Order to Comply.