(A) Whenever the Health Authority determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, or regulations issued hereunder, the Health Authority shall give notice of such alleged violation to the person to whom the permit or license was issued, as hereinafter provided.
(B) Such notice shall:
(1) Be in writing;
(2) Include a statement of the reasons for its issuance;
(3) Allow a reasonable time for the performance of any act it requires;
(4) Be served upon the owner or his or her agent as the case may require; provided, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been sent by certified mail to his or her last known address, or when he or she has been served with such notice by any method authorized or required by the laws of this state; and
(5) Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and regulations issued hereunder.
(C) Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or regulations issued hereunder, may request and shall be granted a hearing on the matter before the Health Authority; provided, that such person shall file in the office of the Health Authority a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the day the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension, except in the case of an order issued under this section. Upon receipt of such petition, the Health Authority 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hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten days after the day on which the petition was filed; provided, that upon application of the petitioner, the Health Authority may postpone the date of the hearing for a reasonable time beyond such ten-day period when in his or her judgment the petitioner has submitted good and sufficient reasons for such postponement.
(D) After such hearing, the Health Authority shall make findings as to compliance with the provisions of this chapter and regulations issued hereunder and shall issue an order in writing sustaining, modifying or withdrawing the notice which shall be served as provided in this section. Upon failure to comply with any order sustaining or modifying a notice, the license of the mobile home park affected by the order shall be revoked.
(E) The proceedings at such a hearing, including the findings and decision of the Health Authority, and together with a copy of every notice and order related thereto shall be entered as a matter of public record in the office of the Health Authority but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this section. Any person aggrieved by the decision of the Health Authority may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
(F) Whenever the Health Authority finds that an emergency exists which requires immediate action to protect the public health, he or she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action may be taken as he or she may deem necessary to meet the emergency including the suspension of the permit or license. Notwithstanding any other provisions of this chapter, 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 Authority shall be afforded a hearing as soon as possible. The provisions of this section shall be applicable to such hearing and the order issued thereafter.
(Ord. 285, passed 9-6-2016)