Section 8709.6.

(a) Notwithstanding Sections 8709 and 8709.4, if the board, after a public hearing, determines that any person or public agency has undertaken, or is threatening to undertake, any activity that requires a permit from the board without securing a permit or is inconsistent with any permit previously issued by the board, the board may issue an order directing that person or public agency to cease and desist. The board may also issue the order to enforce any requirement of a permit, or any requirement of this part that is subject to the jurisdiction of the board.

(b) The cease and desist order may be subject to terms and conditions as the board may determine are necessary to ensure compliance with this part, including immediate removal of any encroachment or the setting of a schedule within which action shall be taken to obtain a permit pursuant to this part.

(c) Notice of the public hearing on a proposed cease and desist order shall be given to any affected person and public agency and the order shall be final and effective upon the issuance of the order. Copies shall be served immediately by certified mail upon the person or public agency subject to the order and upon other affected persons and public agencies that appear at the hearing or request a copy.

(d) In addition to any other authority to order restoration, the board may, after a public hearing, order restoration of a site if it finds that an encroachment has occurred without a permit from the board.

(Added by Stats. 2009, Ch. 275, Sec. 18. Effective January 1, 2010.)