§ 31-123. Violations—Notices, orders and hearings.

(a)

Upon determining that there has been or is likely to be a violation of any provision of this article, the health officer shall give notice of such alleged violation to the person responsible therefor. The notice shall:

(1)

Be in writing;

(2)

Include a statement of why the notice is being issued;

(3)

Allow a reasonable period of time for performance of any work required by the notice;

(4)

Be properly served upon the owner or the owner's agent; and

(5)

Be deemed properly served upon such owner or agent when a copy thereof has been sent by certified mail to the last known address of the owner or agent.

(b)

Any person affected by any notice or order issued by the health authority under the provisions of this article may request and shall be granted a hearing on the matter before the hearing officer appointed by the public health department, provided that such person shall file with the health authority within ten days after the date of issuance of the notice or order, a written petition requesting a hearing and setting forth the grounds upon which the request is made.

(c)

The filing of the request for a hearing shall operate as a stay of the notice or order. Upon receipt of such petition, the health officer shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to show why such notice or order should be modified or withdrawn. The hearing shall be commenced not later than ten days after the date on which the petition was filed, provided that, upon request of the petitioner, the health officer may postpone the day of the hearing for a reasonable time beyond such ten-day period, when, in the health officer's judgment, the petitioner has submitted good and sufficient reasons for such postponement.

(d)

Within ten days after such a hearing, exclusive of Sundays and holidays, the hearing officer shall submit a written report of findings to the public health department with a recommendation that the department issue an order sustaining, modifying or withdrawing the order or notice of the health officer. Upon receipt of the report of the hearing officer, the department shall consider the report and issue an order confirming, modifying or withdrawing the order or notice of the health officer and shall serve a copy of its order or decision to modify or withdraw, in writing, upon the appellant in the same manner as set out herein.

(e)

Upon finding that an emergency exists which requires immediate action to protect the public health, the health officer may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as deemed necessary to meet the emergency, including the suspension of the required permit. Notwithstanding any other provisions of this article, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the health officer, shall be afforded a hearing as soon as possible, but not more than five days after the emergency order is issued.

(f)

The proceedings of all hearings, including findings and decision of the hearing officer, together with a copy of every notice and order related thereto, shall be filed in the health department. Transcripts of the proceedings of hearings need not be transferred unless a judicial review of the decision is sought.

(Code 1964, § 18-69(A), (B), (D); Code 1988, § 31-130; Ord. No. 48129, § 9, 8-19-1969)