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Home My WebLink AboutEH-02-2023-9912.tif catawba county public health NOTICE OF VIOLATION ON-SITE WASTEWATER SYSTEM ®Certified Mail (Return Receipt) ®First Class Mail Hand Deliver Michael Poteat 1354 Harris Ave Newton, NC 28658 Re: EH-02-2023-9912 Occupant: Location: 1354 Harris Ave, Newton ®Residence ❑Business ❑Other Dear Mr. Poteat: 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 2/14/2023,an inspection of the wastewater system by the Catawba County Environmental Health Department indicated the following violations: Violation Law or Rule Citation Effluent surfacing in back yard from tank drainfield area 15A NCAC I 8A.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 3/15/2023, 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 2/15/2023 Signed 5i.4v4 s_ ^ Agent catawbacountync.gov Environmental Health Catowbc County Government Center 25 Government Drive I PO Box 389 I Newton NC 28658 1828.465.8270 MAKING. LIVING. BETTER. U.S. Postal Service,"' CERTIFIED MAIL° RECEIPT -1:1 Domestic Mail Only 0 -0 For delivery information,visit our website at www.usps.com . .--0 • • . -J-. r . 1171 Certified Mail Fee 6 E)6`� $ ,�—� /J� Rl Extra Services&Fees(check box,add fee as appropriate) 1� ❑Return Receipt(hardcopy) $ ( ( ' r-1 ❑Return Receipt(electronic) $ P�ICri�aj_ `J l] i 4' 'Y 'Wit" 0 Certified Mall Restricted Delivery $ _ �re } /, O ❑Adult Signature Required $ ; �Jy -`.r ❑Adult Signature Restricted Delivery$ (: p Postage tl J r IT' Total Poets d Eep o s -02!2023-9912 a Sent To MicTiaeFaea[ ru Q etanda123S4rt#iur14iaAVe N 11) wt-on -wry-�ieia,z � ;-NC-286rs8r 11.97Tri 2:1gmiT iwall.'mowmoa.m.-..S�'•=y�iC 1: 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 mailplece. associate for assistance.To receive a duplicate •Electronic verification of delivery or attempted return receipt for no additional fee,present this delivery. USPS®-postmarked Certified Mail 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. de' dressee specified by name,or �r+■///A'''AAA- o ss 's authorized agent. Important Reminders: FIE 1>IlCf It ' service,which requires the •You may purchase Certified ai signee to be at least 21 years of age(not First-Class Mall®,First-Class Package Service®, available at retail). or Priority Mail"service. -Adult signature restricted delivery service,which •Certified Mail service is notavailable for re �r signee to be at least 21 years of age international mail. [ R n a delivery to the addressee specified •Insurance coverage is not available fd j r ase I by name,or to the addressee's authorized agent with Certified Mail service.However,the purchase (not available at retail). of Certified Mail service does not change the ■To ensure that your Certified Mall receipt is insurance coverage automatically included with a.cc,�e f of mailing,it should bear a certain Priority Mail items. eFd � ,would like a postmark on •For an additional fee,and with fA ��nm this Certified Mall receipt,please present your endorsement on the mailplece,you may request Certified Mail Item at a Post Office'"for the following services: postmarking.U you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion of delivery(Including 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.Save this receipt for your records. PS Form 3800,April 2015(Reverse)PSN 7530-02-000-9047 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. N MI ■ Print your name and address on the reverse Agent so that we can return the card to you. dresWe • Attach this card to the back of the mailpiece, by -`,tef!Name C. Date of Delivery or on the front if space permits. i '.'e (72; Z -)9-23 1. Article Addressed to: D. Is deliv=ry address different from item 1? ❑Yes If YES,enter delivery address below: O4io Michael Poteat 13E :Harris Ave Newton, NC 28658 3. Service Type ID Priority Mail Express® II�III�I IIIIIII1IIIIIIIIIIIIII'llI IIIIIIIII 0 Adult Signature 0 Registered Mail"' Adult tlryeyn d edified Delivery 9590 9402 7759 2152 4097 75 ❑ ertifi Mail Delivery 0 Registered ❑Collect on Delivery 0 signature Confirmation 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mall 7021 0950 0001 2506 6606 ❑Insured Mail Restricted Delivery (over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt USPS TRACKING# First-Class Mail u _ Postage&Fees Paid r 1 �0.1 I, 11 Permit No.G-10 9590 9402 7759 2152 4097 75 United States •Sender: Please print your name,address,and ZIP+4 in this box* Postal Service EH-02-2023-9912 RECElVEgean Evans, REHS atawba County Environmental Health PO Box 389 F E B 1 'fl?3 Newton, NC 28658 Environmental Health I E !�!��i i;ji�!!lil�iilllll'-i111�11il�lit�li!��il!I!�II!ii!:!I!�Ei�! -1,3A Co Catawba Country iL„egall De rartmment Jodi Stewart, County Attorney a:.: �, Joshua Teague, Assistant County Attorney CDebra Bechtel, Special Counsel Amanda Bentley, Certified 1� 4 Z NC Ce fled Paralegal Via Certified Return Receipt Requested Tracking No. 7021 0950 0001 2506 7337 _ (Also sent first class mail) July 19, 2023 Michael Poteat Joyce Ann Poteat 1354 Harris Ave. Newton, NC 28658 RE: Public Health Violation at 1354 Harris Ave, Newton, NC 28658 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 February 15, 2023 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 August 2, 2023, I 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 eague Assistant County Attorney • Cc: Megen McBride, Environmental Health Administrator catawbacountync.gov Catawba County Government Center 25 Government Drive I PO Box 389 I Newton NC 28658 1828-465-8483 Ma oeta1 Service", ((gm. 62 ire, 'lomestie Mall PnY ;LJ, 1m mFor delve71) rinatloni stoUrwbstteatwwtxas•sa rli ' _ _ FI DIinCorlilled Moll Fa y"o r"u iv Extra Services..Fees(chick 62v,add kJ as epnrcpndl:) ❑Relwn Recelot tharcicupyl b �titl r- 1-R 0 Rutvm fin,lpt(eleclronic) $ , --- ❑Cer11�eU MJA Ra;VicleU Oelvary t Her3 �� O I a ❑AUolr Slgnalu,s flog firer a_� it _ INIIIIIMIllom I ❑Adult Slgnanus Rooldetad Doefsri 3--.. D Q Pools<n3 lr} .Lt� �� Q' U hi.il Postago and Friss ,9 ,1-4 San!TeTe • ........'. ru ru Michael Poteat and Jo ce Ann Poteat q im :Rival e y r- r- 1354 Harris Ave. CJiy,s1 Newton, NC 28658 1 f SENDER:COMPLETE THIS SECTION" COMPLETE THIS.SECTION ON DELIVERY I ■ Complete items 1,2,and 3. A. Signature I Print your name and address on the reverse X El Agent so that we can return the card to you. ❑Addressee • Attach this card to the back of the mailpiece, S. 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? El Yes If YES,enter delivery address below: 0 No Michael Poteat and Joyce Ann Poteat 1354 Harris Ave. Newton, NC 28658 3. Service Type 0 li II/I 1 11 11 (I1 I IM 1i �II N II l�,�III Priory Mall❑Adult Sig naturre Restricted Delivery 0 Registered Mall Restricted 0590 9402 8110 2349 0280 80 ❑Certified Mall Restricted Delivery 51g a u e Confirmation" O Collect on Delivery 0 Signature Confirmation 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery Restricted Delivery 'lured Mall 7021 0950 0001 2506 7337 luredMall Restricted Delivery PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt 1 ratawba county public health MEMORANDUM TO: Joshua Teague, Assistant County Attorney FROM: Megen McBride, Environmental Health Administrator DATE: 7/11/2023 SUBJECT: Environmental Health Violations Referral Form Case# EH-02-2023-9912 Property Owner: Michael Poteat Mailing Address: 1354 Harris Ave,Newton NC 28658 PIN# 364908990557 Property Address: 1354 Harris Ave,Newton NC 28658 Township: Newton Date Complaint Received: 2/13/23 Name of Complainant: Anonymous Details of Complaint: Failing septic system in rear yard. Date of First Inspection: 2/14/23 Environ. Health Specialist: Dean Evans Inspection Report: Initial site visit found septic failing. Notice of Violation was mailed 2/15/23. Received septic repair application 3/1/23. Owner has not completed necessary steps in order for our department to issue the repair permit. Septic system continues to fail. cc: Jennifer McCracken, Public Health Director catawbacountymc.gov Environmental Health Catawba County Government Center 25 Government Drive ( PO Box 389 I Newton NC 28658 MAKING. LIVING. BETTER.