(a) (1) Whenever the Board of Health determines that there are reasonable grounds to believe that there has been a violation of any provision of this Housing Code or of any rule or regulation adopted pursuant thereto, it shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided.
(2) Such notice shall:
A. Be in writing;
B. Include a statement of the reasons why it is being issued;
C. Allow a reasonable time for the performance of any act it requires; and
D. Be served upon the owner or his or her agent or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner, agent or occupant if a copy thereof is served upon him or her personally, sent by registered mail to his or her last known address or posted in a conspicuous place in or about the dwelling affected by the notice, or if he or she is served with such notice by any other method authorized or required under the laws of the state.
(3) Such notice may contain an outline of remedial action which, if taken, will effect compliance with this Housing Code and with any rule or regulation adopted pursuant thereto.
(b) Any person affected by a notice which has been issued in connection with the enforcement of any provision of this Housing Code, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Board of Health, provided that such person files in the office of the Board 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. Upon receipt of such petition, the Board 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hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.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 Board may postpone the date of the hearing for a reasonable time beyond such ten-day period if, in its judgment, the petitioner has submitted a good and sufficient reason for such postponement.
(c) After such hearing, the Board shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this Housing Code and of the rules and regulations adopted pursuant thereto have been complied with. If the Board sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to subsection (a) above shall automatically become an order if a written petition for a hearing is not filed in the office of the Board within ten days after such notice is served.
(d) The proceedings at such hearing, including the findings and decision of the Board, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Board. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Board may seek relief therefrom in a court of competent jurisdiction.
(e) Whenever the Board finds that an emergency exists which requires immediate action to protect the public health, it may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she deems necessary to meet the emergency. Notwithstanding the other provisions of this Housing Code, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but, upon petition to the Board, shall be afforded a hearing as soon as possible. After such hearing, depending upon its finding as to whether the provisions of this Housing Code and of the rules and regulations adopted pursuant thereto have been complied with, the Board shall continue such order in effect or modify or revoke it.
(Ord. 330, passed 11-15-1967)