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HomeMy WebLinkAboutEH-06-2022-9585.tif catawba county public health NOTICE OF VIOLATION ON-SITE WASTEWATER SYSTEM ®Certified Mail (Return Receipt) ®First Class Mail ['Hand Deliver Steven Klocke 3897 River Rd, Hickory NC 28602 Re: EH-06-2022-9585 Occupant:Steven Klocke Location: 3897 River Rd, Hickory ®Residence (Business 1Other Dear Mr. Klocke: You are hereby notified that you are violating the Rules adopted by the North Carolina Commission for Public Health or Article 11 of Chapter 130A of the General Statutes of North Carolina by owning or controlling a residence, place of business, or place of public assembly which is not provided with an approved wastewater system. Your wastewater system is not in compliance with applicable laws and rules. On 6/17/2022, an inspection of the wastewater system by the Catawba County Environmental Health Department indicated the following violations: Violation Law or Rule Citation Sewage running in ditch along River Rd. 15A NCAC 18A.1961 (a)(1)(A) You are hereby ordered to bring your wastewater system into compliance by completing the following: ® Install/repair wastewater system You must obtain a repair permit from the local health department prior to repairing septic system. Eliminate wastewater discharge and connect to an approved wastewater system. ❑ Other Repairs ❑ Perform Maintenance If the wastewater violation is not brought into compliance by 7/15/2022, appropriate legal action will be taken. Failure to comply with the laws, rules and this notice will subject you to the following legal remedies, including but not limited to: Injunction Relief[G.S. 130A-18], Administrative Penalties [G.S. 130-22(c)], Suspension or Revocation of Permits [G.S. 130-23], and Criminal Penalties [G.S. 130-25]. You may contact our office at 828-465-8270(phone) or 828-465-8276 (fax). Notice Issued 6/27/2022 Signed Chevanne Morgan I,nt i JY` Agent catawbacountync.gov Environmental Health Cctcwhc County Government Center 25 Government Drive I PO Box 389 I Newton NC 28658 I 828.465 8270 MAKING. LIVING. BETTER. U.S. Postal Service"' CERTIFIED MAIL° RECEIPT o'er- Domestic Mail Only ir Q' For delivery information,visit our website at www.usps.come. Klocke CM fr1 ---,—� co Certified Mail Fee '�( 1.11ru \'�"- y Extra Services&Fees(cheek box,add fee as appropriate)/ / t q/ \�❑Return Receipt(hardcopy) $ f !1 r p D ❑Return Receipt(electronic) $ _.. -.- _ � imerk n� !] ['Certified Mail Restricted Delivery $__-- .0 0 ❑Adult Signature Required $_. - .. Clk yt, ['Adult Signature Restricted Delivery$_. q 0 Postage \mi0 3'9 Er $ D Total Postage and Fees $ EH-06-2022-9585 � Sent To Steven Klocke mstreetend/aptgj`T lY@`rt"Rd, -NY State,ZiNitkory NC 28602 PS Form 3800,A•rII 2015 PSN 7530-02-000-9047 See Reverse for Instructions Certified Mail service provides the following benefits: ■A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail ■A unique identifier for your mailpiece. associate for assistance.To receive a duplicate ■Electronic verification of delivery or attempted return receipt for no additional fee,present this delivery. LISPS®-postmarked Certified Mall receipt to the ■A record of delivery(including the recipient's retail associate. signature)that is retained by the Postal Service'" -Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent. Important Reminders: si ice,which requires the ■You may purchase Certified Mai t��a 21 years of age(not First-Class Mail°,First-Class Pa a c ai I or Priority Mail°service. -Adult signature restricted delivery service,which ■Certified Mail service Is notavallable for requires the signee to be at least 21 years of age international mail. and provides delivery to the addressee specified •Insurance coverage Is not available for ppichqse y n. o the addressee's authorized agent with Certified Mail service.However,th dfilase 3 of IfM7s at retail). of Certified Mail service does not change the ■To ensure that your Certified Mail receipt Is insurance coverage automatically included with accepted as legal proof of mailing,it should bear a certain Priority Mail items. LISPS postmark.If you would like a postmark on •for an additional fee,and with 0.Dropet this Certified Mail receipt,please present your tt l endorsement on the mallplecegValt<ner$ feHearithaPostOffice'"for the following services: postmarking. youdon't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion of delivery(induding the recipient's signature). of this label,affix it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. electronic version.For a hardcopy return receipt, complete PS Form 3811,Domestic Return Receipt;attach PS Form 3811 to your mailpiece; IMPORTANT:Sane this receipt for your records. PS Form 318OO,April 2015(Reverse)PSN 7530-02-000-9047 catawba county public health MEMORANDUM TO: Joshua Teague, Assistant County Attorney FROM: Megen McBride, Environmental Health Administrator DATE: 8/16/2022 SUBJECT: Environmental Health Violations Referral Form Case# EH-06-2022-9585 Property Owner: Steven Klocke Mailing Address: 3897 River Rd, Hickory NC 28602 PIN# 371009161143 Property Address: 3897 River Rd, Hickory NC 28602 Township: Hickory Date Complaint Received: 6/15/2022 Name of Complainant: Alton Price Details of Complaint: Has put drain in from septic tank draining into ditch along road. Date of First Inspection: 6/17/2022 Environ. Health Specialist: Cheyanne Morgan Inspection Report: Initial investigation found pipe discharging sewage into roadside ditch. Notice of Violation was mailed to property owner on 6/27/2022. To date, no response from owner and pipe still in place discharging sewage. cc: Jason William, Assistant Public Health Director catawbacountync.gov Environmental Health Catawba County Government Center 25 Government Drive I PO Box 389 I Newton NC 28658 I 828.465 8270 MAKING. LIVING. BETTER. (A(.1(e.A—cm ,,ii0� Catawba County ]Legal Department ,..„ ,, ,, '�' Jodi Stewart, County Attorney Joshua Teague, Assistant County Attorney . ,' i►�: Debra Bechtel, Special Counsel Ig 42 Amanda Bentley, NC Certified Paralegal Via Certified Return Receipt Requested Tracking No. 70172680000016117542 (Also sent first class mail) August 18, 2022 Steven Klocke 3897 River Road Hickory, NC 28602 RE: Public Health Violation at 3897 River Road, Hickory NC Dear Property Owner: Please be advised that I represent Catawba County. I have been retained to resolve a public health violation that exists on the above-referenced property. On or about June 27, 2022 a Notice of Violation On-Site Wastewater System was sent to you by a Catawba County Environmental Health Specialist stating that the above property is in violation of the Public Health Laws related to failing septic system, and you were asked to bring the system into compliance immediately. If these illegal conditions have not been remedied by September 1, 2022, 1 will have no recourse but to take legal action to correct the problem. In the course of this legal action, you may incur additional expenses including, but not limited to, attorney fees and court costs. I recommend that you contact Megen McBride, Environmental Health Administrator at(828) 465-8268 immediately upon receipt of this letter to complete the necessary repairs and correct this violation. Sincerely, Joshua Tearats—^ Assistant County Attorney Cc: Megen McBride, Environmental Health Administrator catawbacounitync.gov Catawba County Government Center 25 Government Drive I PO Box 389 I Newton NC 28658 1828-465-8483 SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A, Signature ■ Print your name and address on the reverse X 0 Agent so that we can return the card to you. 0 Addressee • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D, Is delivery address different from Item 1? 0 Yes If YES,enter delivery address below: ❑No Steven Klocke 3897 River Road i Hickory, NC 28602 ' 3. Service Type ❑Priority Mall Express® Registered Maitre I I I III III 11111 111111 l l l I l l i l 0 Adult Signature 0 Re 0 Adult Signature Restricted Delivery IDRegistrered Mall Restricted DCertilled Mail® LD�ellllvay 9590 9402 6499 0346 1234 94 El Certified Mali Restricted Delivery I Signature Contirmatlonoa 0 Collect on Delivery 0 Signature Confirmation 2. Article Number(Transfer from service label) o Collect on Delivery Restricted Delivery Restrioted Delivery O Insured Mall 7 017 2680 0000 1611 7,r7 4 2 ❑Insured Mall Restricted Delivery ___ __-. _ (over$500) I PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt 1 1 U.S. Postal Service'"' "i `'CERTIFIED MAIL® RECEIPT Domestic Moil Only M I 11 G ��, N p— 'par delivery information,visit our WobSite at ww7w$jPszoina• '.?I� _ r�, ,-a .*. 1 I) u'' I \ • It :, r a r-R Certified Mall Fee , ri ..D �0 Extra Services&Fees(check box,add lea es appropriate) t -.w ! 0 Return Receipt Qtardcopy) $ bi I 'G+� � Dr= ❑ReturnReceipt(eeetronial S,. Postmark '•.i " C OO. c3 ❑CertlaedMetlfeshietedDelivery S _ Here i , . 'Ia`'':' ^,+� Q ❑Adullslgnalure Required 3 ;3 .,_ ❑Adug Signature Restricted Deism S 3 lc, �� q fl Postage It ; ��� co cci $ J3' .!1 ' I ::; fU, tL Total Postage ono Fees 4 m N N sent To fl f; II ..�� '- Steven Klocke I "NO an6ApI tJO.,oil 3897 River Road a '�-riy,-Nle;2iP+�Te---- Hickory, NC 28602 a — - 1 PS rOf.r'4000Aprif bib penisso-¢z naii.9pa7 Seeneversp nr Ins ri et one -?,A Cop Catawba County Legal Department TJodi Stewart, County Attorney �' Joshua Teague, Assistant County Attorney ii� Debra Bechtel Special Counsel ���� Amanda Bentley, NC Certified Paralegal I842 March 27, 2023 Steven Paul Klocke II 3897 River Rd. Hickory, NC 28602 RE: Public Health/Septic Violation at 3897 River Rd. Catawba County File No. 22-CVS-2772 Mr. Klocke, For your records, please find enclosed a copy of the Notice of Voluntary Dismissal filed on March 27, 2023. Sincerely, Ala214-9e U Amanda Bentley, NC Certified Paralegal • cataw'bacountync.gov Catawba County Government Center PO Box 389 125 Government Dr I Newton NC 28658 1828-465-8483 STATE OF NORTH CAROLINA F,teNO• 22-Cvs-2772 CATAWBA County In The General Court Of Justice CATAWBA CI lJO mall Claims ElDistrict ©Superior Court Division Name Of Plaintiff FILED JENNIFER MCCRACKEN, PUBLIC HEALTH DIR CTOR NOTICE OF VOLUNTARY DISMISSAL of C.,At wM C.t wmi MAR 2 7 2023 COMPLAINT VERSUS COUNTERCLAIM Name Of Defendant At /a I delfrtLic,LOCK i OTHER STEVEN PAUL KLOCKE, II CLEgi(of Su '.RI r COURT G.S.1A-1,Rule 41 Complete the following information if known: Court Dale Tithe ❑AM Location ❑PM ©The plaintiff gives notice of voluntary dismissal ❑with prejudice 0 without prejudice in this case as to all of the defendants. ❑The plaintiff gives notice of voluntary dismissal ❑with prejudice ❑without prejudice in this case as to only the defendants named below and this case remains open as to defendants not listed. • (Name of defendants for whom dismissal taken.) • ❑The defendant gives notice of voluntary dismissal ❑with prejudice ❑without prejudice of the counterclaim in this case as to all of the plaintiffs. El The defendant gives notice of voluntary dismissal ❑with prejudice ❑without prejudice in this case as to only the plaintiffs named below and the counterclaim remains open as to plaintiffs not listed. (Name of plaintiffs for whom dismissal taken.) • ❑Other: Date Plaintiff Or Atlorne Z71 23 -� Defe Defendant O ttorney _ NOTE TO CITY OR COUNTY PLAINTIFF:If,pursuant to G.S. 7A-317,you were not required to pay all costs when filing the complaint to which you are taking a voluntary dismissal,you must pay the costs to the Clerk of Superior Court upon taking a voluntary dismissal.See G.S. 1A-1,Rule 41(d). AOC-CV-405,Rev.4118 ©2018 Administrative Office of the Courts