§ 10-3-5-3 REINSTATEMENT OF SUSPENDED PERMITS.

   Any person whose permit has been suspended, may make application for a reinstatement of permit. Within five working days following receipt of such a request, the Enforcement Authority shall ascertain the status of the pool and/or premises. If the applicant is in compliance with requirements of this article and other applicable laws, regulations and ordinances, the permit shall be reinstated.

('74 Code, § 11-5-6C) (Ord. 12-1978; Am. Ord. 12-1993)

§ 10-3-5-4 REVOCATION OF PERMIT.

   If serious or repeated violations of any of the requirements of this article occur, or if three or more suspensions occur which require reinspection for permit reinstatement within any 12-month period, or if the permit has been obtained through nondisclosure, misrepresentation or misstatement of a material fact, or if the owner or the person in charge interferes with the Enforcement Authority in the performance of his or her duties, then the permit may be revoked after an opportunity for a hearing has been provided by the Enforcement Authority. Prior to such revocation, the Enforcement Authority shall notify the permit holder in writing stating the reason the permit is subject to revocation and advising that the permit shall be revoked at the end of five working days following service of such notice, unless a request for a hearing is delivered to the City Clerk by the permit holder within 15 days. A permit may be suspended pending revocation or pending the holding of an administrative hearing.

('74 Code, § 11-5-6D) (Ord. 12-1978; Am. Ord. 12-1993; Am. Ord. 2023-015)

§ 10-3-5-5 HEARINGS.

   The hearing shall be held in accordance with the provisions in the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8.

('74 Code, § 11-5-6E) (Ord. 12-1978; Am. Ord. 12-1993; Am. Ord. 31-2007; Am. Ord. 2023-015)

§ 10-3-5-6 JUDICIAL REVIEW.

   The exclusive remedy of any party dissatisfied with any final decision of the Enforcement Authority shall be filing of a petition for Writ of Certiorari to the District Court within 30 days after written notice of the decision is served on the concerned party. The petition for review shall be limited to the record.

('74 Code, § 11-5-6F) (Ord. 12-1978; Am. Ord. 12-1993)

§ 10-3-5-7 INJUNCTIVE RELIEF.

   As an additional remedy, if any swimming pool is in violation of the provisions of this article, the Enforcement Authority may seek injunctive or other equitable relief in a court of competent jurisdiction.

('74 Code, § 11-5-6G) (Ord. 12-1978; Am. Ord. 12-1993)

§ 10-3-5-8 ISSUANCE OF CITATION.

   The Enforcement Authority may issue citations for failure to comply with any requirement set forth in this article.

('74 Code, § 11-5-6H) (Ord. 12-1978; Am. Ord. 12-1993)

§ 10-3-5-9 INSPECTION FREQUENCY.

   The Enforcement Authority shall inspect each swimming pool at least annually and shall make as many reinspections as are necessary for the enforcement of this article.

('74 Code, § 11-5-6I) (Ord. 12-1978; Am. Ord. 12-1993)