(1) This section applies if:
(a) an enforcement agency fails to exercise a power or perform a function delegated to the agency; and
(b) the CHO is satisfied the failure is likely to be a public health risk.
(2) The CHO may exercise the power or perform the function.
(3) The cost incurred by the CHO in exercising the power or performing the function is a debt due to the Territory by the agency.