(A) Whenever the city determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, or of any regulation adopted pursuant thereto, it shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided.
(1) Such notice shall:
(a) Be put into 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 holder of a permit issued under this chapter, or upon the owner or his or her agent or the occupant of any premises within the city; provided, that such notice shall be deemed to have been properly served when a copy thereof has been served personally, or in accordance with any other method authorized or required under the laws of this state.
(2) Such notice may:
(a) Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter; and
(b) State that, unless conditions or practices described in such notice which violate this chapter are corrected within the reasonable time specified in such notice, a permit which has been issued pursuant to this chapter may be suspended or revoked.
(B) Any person who is affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any regulation adopted pursuant thereto, may request, and shall be granted, a hearing on the matter before the City Council; provided, that such person shall file, in the office of the City Clerk, a written petition requesting such hearing and setting forth a brief statement of the ground therefor, within ten days after the day the notice was served. Upon receipt of such petition, the City Clerk shall set a time and place for hearing, and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard. 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 City Clerk 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 a good and sufficient reason for such postponement.
(C) After such hearing, the City Council shall sustain, modify or withdraw the notice, depending upon its finding based on such hearing as to whether or not the provisions of this chapter and of the regulations adopted pursuant thereto have been complied with. If the City Council sustains or modifies such notice, it shall be deemed to be an order. Any notice shall automatically become an order if a written petition for a hearing has not been filed in the office of the City Clerk within ten days after such notice was served. In the case of any notice which states that a permit required by this chapter may be suspended or revoked, the City Council may suspend or revoke such permit if an order is issued and corrective action has not been taken within the time specified in the notice.
(D) The proceedings at such hearing, including the findings and decision of the City Council shall be summarized, put in writing, and entered as a matter of public record in the office of the City Clerk. Such record shall include, also, a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the City Council or City Clerk nay seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
(E) Whenever the City Clerk or City Health Officer finds that an emergency exists involving a serious health hazard which requires immediate action to protect the public health, he or she may, without notice or hearing, issue a written order citing the existence of such an emergency and the conditions violating this chapter which require corrective action to remove such health hazard. If such corrective action has not been taken, the City Clerk or City Health Officer may take such action as may be necessary to protect the public health, including stoppage of processing operations. Notwithstanding other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the City Council shall be afforded a hearing as soon as possible, but in any case not later than three days after the petition was filed. After such hearing, depending on the finding as to whether or not the provisions of this chapter and the regulations adopted pursuant thereto have been complied with, the City Council shall continue such order in effect, or modify it, or revoke it.
(Ord. 92, passed 10-8-1973)