§ 31-4. Notices, hearings and orders relative to violations of chapter.

(a)

Whenever any public official authorized under section 31-3 determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, the public official shall give notice of such alleged violation to a person responsible therefor. Such notice shall be put into writing; including a statement of the reasons why it is being issued and allow a reasonable time for the performance of any act required. Such notice shall be served either upon the holder of a permit issued under this chapter or upon the owner or the owner's agent or the occupant of any premises with the city. Such notice shall be deemed to have been properly served when a copy thereof has been personally served or served in accordance with any other method authorized or required under the laws of this state. Such notice shall state or describe the remedial action which, if taken, will affect compliance with the provisions of this chapter, and it may state that, unless conditions or practices described in such notice which violate this chapter are corrected within a reasonable time specified in such notice, a permit which has been issued pursuant to this chapter may be suspended or revoked.

(b)

Notice as used in subsection (a) of this section shall in no event be for a period of less than 24 hours. Notice of a violation under section 31-7(e) shall be for only 24 hours and may not be extended by the health officer.

(c)

In the event the holder of a permit issued under this chapter or the owner, the owner's agent or the occupant of any premises fails to initiate and complete the remedial action described in the notice in the period designated by the public official, said official or any other person authorized by the county administrator may issue a notice to appear and summons for a violation of the provisions of this chapter.

(d)

Upon finding that an emergency exists involving a serious health hazard which requires immediate action to protect the public health, the public official may, without notice of hearing, issue a written order reciting the existence of such an emergency and the conditions violating this chapter which require corrective action to remove such health hazard. If such corrective action is not taken, the public official may take such action as may be necessary to protect the public health. Notwithstanding other provisions of this section, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the health officer shall be afforded a hearing as soon as possible, but in any case not later than three days after the petition was filed. After such hearing, depending upon the health officer's finding as to whether or not the provisions of this chapter and of the regulations adopted pursuant thereto have been complied with the health officer shall continue such order in effect or modify or revoke it.

(e)

After the expiration of the notice provided for in subsection (b) of this section, and after determining that corrective action has not been taken by the responsible party, the health officer shall take such action as may be necessary to remove such garbage or trash. The cost of the removal shall be assessed against the responsible party.

(Code 1964, § 18-18; Code 1988, § 31-4; Ord. No. 39215, § 5, 6-3-1954; Ord. No. 39216, § 5, 6-3-1954; Ord. No. 65399, § 2, 2-16-1989)