A. When any of the aforesaid laws, this chapter or rules and regulations have been violated, an inspector may serve written notice thereof entitled “Notice of Violation,” specifying:
1. The acts and conditions constituting each violation;
2. The provision or provisions violated thereby;
3. The corrective steps required;
4. The date by which all such corrections must be completed, allowing a reasonable period therefor;
5. That the permittee has a right to a hearing, upon request; and
6. That if no hearing is requested, and if the Health Department does not receive notice that all such corrections have been made before 9:00 a.m. of the date named under paragraph D. of this section, or within fifteen (15) days after service of the written notice, whichever comes first, the permit will be suspended from that time until such violations are corrected.
('61 Code, § 12B.16)
B. The permit holder shall have the right to a hearing on all violations listed in the notice. The permit shall, however, be suspended unless the Department receives from the permit holder, before 9:00 a.m. of the date specified under paragraph A.4. above, a written or oral request for a hearing or notice that all violations have been corrected as specified.
C. The hearing shall be held by the Health Officer or his or her duly authorized representative who is a qualified sanitarian, but shall not be the inspector who reported the violations or who inspected any corrective measures taken.
D. The person conducting the hearing shall make a written order as to each alleged violation listed on the notice and shall deliver a signed copy thereof to the permittee. As to each violation, the order shall:
1. Suspend the permit until it is corrected; or
2. Extend the time or modify the measures to be taken for correction before suspension; or
3. Declare that the violation has been corrected so as to comply with the applicable law; or
4. Declare that there was no violation.
('61 Code, § 12B.17)
(Ord. 519, passed - - )