(a) Enforcement. The Health Commissioner shall have the power and duty to enforce the provisions of this Health Code. He may delegate this authority to his duly authorized representative.
(b) Inspection.
(1) The Health Commissioner in enforcing the provisions of this Health Code is hereby authorized and directed to make inspections pursuant to procedures established by the Board; or in response to a complaint that an alleged violation of the provisions of this Health Code or of applicable rules or orders pursuant thereto may exist; or when the Health Commissioner or his representative have valid reason to believe a violation of this Health Code or any rules and orders pursuant thereto has been or is being committed.
(2) In situations where no public health law or permit exists, the Health Commissioner may establish a policy by issuing a memorandum of agreement for those specific situations. This memorandum shall define the specific criteria to be agreed upon and it shall be signed by the applicant or permittee and the Health Commissioner. Failure to comply with the intent of the memorandum shall constitute a violation of this Health Code.
(3) The Health Commissioner is hereby authorized to enter upon and inspect all business buildings, multiple dwellings, dwellings, dwelling units or premises at any reasonable time subject to the provisions of this Health Code for the purpose of determining whether there is compliance with its provisions. Upon presentation of proper credentials, the Health Commissioner or his representative may, where permission is granted, enter at reasonable times any building, multiple dwelling, structure or premises in the City of Bexley to perform any duty imposed on him by this Health Code. If any owner, occupant or other person in charge of a building or premises subject to the provisions of this Health Code, fails or refuses to permit free access and entry to the business building, multiple dwelling, dwelling, structure or premises under his control or any part thereof, the Health Commissioner may apply to a judge of a court of record, pursuant to Ohio R.C. 2933.21(F) for a warrant of search to conduct an inspection. A warrant of search to conduct an inspection shall not be issued except upon probable cause as provided in Ohio R.C. 2933.22.
(4) All records pertaining to the identification of a complainant shall be kept separate and confidential from the public record of inspections and notices of violations pertaining to any structure shall be public records and available on request. The Health Commissioner may establish a reasonable fee for the purpose of defraying the cost of preparing a report and duplicating such report.
(5) The Health Commissioner shall keep confidential all evidence which is discovered or obtained in the course of an inspection made pursuant to this section and such evidence shall be considered privileged unless determined otherwise pursuant to law. The Health Commissioner may obtain samples of evidence during inspections for the purpose of presenting this evidence in court.
(c) Notice of Violation. Whenever the Health Commissioner determines that any
business building, multiple dwelling, dwelling, dwelling unit or any premises, fails to meet the requirements set forth in Ohio statutes, the Ohio Administrative Code, Bexley ordinances, or this Health Code, the Health Commissioner or his representative may issue a notice setting forth the alleged failures and advising the owner, occupant, operator or agency that such failures must be corrected. This notice :
(1) Be in writing and shall be served on the person from whom action, forbearance or compliance is required, except such order may be oral if the Health Commissioner finds an emergency endangering the public health requiring immediate corrective action.
(2) Set forth the alleged violation of law or of applicable orders issued pursuant thereto.
(3) Describe the business building, multiple dwelling, dwelling, dwelling unit or premises where the violations are alleged to exist or to have been committed. Such written notice shall specify an appropriate or acceptable method of correction.
(4) Be served by personal service, residence service or by certified mail. If service by the above cannot be made, such notice may be served by posting notice in a conspicuous place in or about the premises.
(5) Specify a specific date of correction of any violation alleged.
At the end of the period of time allowed for the correction of any violation alleged, the Health Commissioner shall reinspect the conditions and violations described in the notice.
(d) Retention of Potential Health Hazards and Condemnation. When any structure, installation, utensil, equipment, food, drink, feed, chemical or biological preparation, device or article of any kind, in the opinion of the Health Commissioner may be a health hazard, the Health Commissioner shall affix a tag or label bearing the words, "Bexley Board of Health - Retained", and no person shall use, sell or dispose of, in any manner, that structure, installation, utensil, equipment, food, drink, feed, chemical or biological preparation, device or article until, after further examination is made thereof and the tag or label is removed by the Health Commissioner. The Health Commissioner may seize and hold the thing so tagged or labeled in any place so designed by him. No person except the Health Commissioner shall remove the tag or label. When the tag or label is affixed to any structure, installation, utensil, equipment, food, drink, feed, chemical or biological preparation, device or article, the Health Commissioner shall give, if possible, the owner, occupant, operator or agency thereof an order stating that the thing so tagged or labeled shall not be used in any manner and shall not be moved until the tag or label is removed by the Health Commissioner.
The Health Commissioner shall forbid the use of, condemn and dispose of as he deems necessary, any structure, installation, utensil, equipment, food, drink, feed, chemical or biological preparation, device or article of any kind which, in his opinion, is a health hazard.
Any person to whom such an order is directed or from whom any action, forbearance or compliance is in any way required shall comply with such order within such period of time as the Health Commissioner may prescribe therein.
(e) Administrative Appeal Hearing; Appeal To Board. Any person who is aggrieved by an order directing or requiring any action, forbearance, or compliance may, prior to taking an appeal to the Board of Health, request and receive a prompt hearing before the Health Commissioner or any representative specifically designated by him, provided that such request for administrative hearing is made in writing within five days from receipt of such order. If the Health Commissioner holds an administrative hearing for reconsideration of the notice or order, the Health Commissioner shall prepare a summary of the hearing and shall state the decision reached. Such summary and statement shall become part of the public record.
Any person who is aggrieved by an order directing or requiring any action,
forbearance, or compliance from him may appeal to the Board of Health in accordance with the procedures prescribed by the Board. This appeal shall be filed with the Board within fifteen days of the receipt of such order.
(f) Emergencies. Whenever, in the judgment of the Health Commissioner, an emergency exists which requires immediate action to protect the public health, safety or welfare, an order may be issued, without a hearing or appeal, directing or requiring the owner, occupant, operator or agent to take such action as is appropriate to correct or abate the emergency condition. If circumstances warrant, The Health Commissioner may act to correct or abate the emergency condition.
If necessary to protect the public health and safety or the health and safety of any person, the Health Commissioner shall order that the premises be vacated forthwith and not be reoccupied until compliance with the order is achieved.
In cases where it reasonably appears that there is imminent danger to the public health and safety of any person unless the emergency condition is immediately corrected by the owner, the Health Commissioner may cause the immediate repair of such emergency condition. The Health Commissioner shall further cause the costs of such emergency repair to be charged against the land on which the emergency exists as a municipal lien or to be recovered in a civil suit against the owner.
The owner, occupant, operator or agent shall be granted a hearing before the Board of Health on the matter upon his request, as soon as practicable, but such appeal shall in no case stay the abatement or correction of such emergency.