(A) The Board of Health may modify conditions of the declaration and order removal of the declaration of a public health nuisance.
(B) Such modification or removal shall be only after the Board of Health has determined the level of public health nuisance is sufficiently reduced through remediation to warrant modification or removal of the declaration. The Board of Health may rely on information from competent sources, including those supplied by the owner, occupant, property agent and/or others, such as state and local health, safety and pollution control authorities, to reach such decisions.
(D) When a public health nuisance is declared, an owner and/or an occupant of the affected property may appeal the declaration, including an order for abatement or remediation from the Board of Health, by filing a written request with the Board of Health for an administrative hearing within ten calendar days of the date of service, exclusive of the day of service. In the event of an unknown or absent property owner, the appeal must be requested within ten calendar days from the day of posting of the notice under § 55.06(D).
(E) If any owner, occupant or property agent makes a written request to the Board of Health for an administrative hearing, such hearing shall be held before an administrative law judge.
(F) The hearing shall be held no later than 20 calendar days after the request for a hearing was received by the Board of Health. For good cause shown, the hearing officer may continue the date of the hearing for up to another 20 calendar days.
(G) The Board of Health shall mail a notice of the time and place of the hearing at least seven calendar days prior to the hearing.
(H) All parties shall have full opportunity to respond to and present evidence and witnesses.
(I) The appellant shall have the burden of proving its position by clear and convincing evidence.
(J) Hearings shall be informal. The parties shall have the opportunity to present testimony and question any witnesses, but strict rules of evidence shall not apply. The independent hearing officer shall make an audio recording of the hearing and receive testimony and exhibits, and the full record of the hearing shall be maintained. The independent hearing officer shall receive and give weight to evidence, including hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent people in the conduct of their serious affairs. Irrelevant, immaterial and repetitious evidence shall be excluded. In the case of an administrative law judge, the hearing will be conducted in accordance with the hearing procedures of the Office of Administrative Hearings. Failure to attend the hearing as scheduled shall be deemed an admission of the facts set forth in the notice and order for abatement.
(K) The decision of the administrative law judge shall be issued within ten calendar days following the administrative hearing. Unless otherwise provided by law, the decision of the administrative law judge shall constitute the final decision of the Board of Health.
(L) Further appellate rights. Any party aggrieved by a final decision is entitled to judicial review of the decision. A petition for a writ of certiorari by the party must be filed with the Court of Appeals not more than 30 calendar days after the party receives the final decision from the administrative law judge.
(M) Cost share for appeal. Fees and expenses for the administrative law judge as part of the administrative hearing shall be borne equally by the Board of Health and the owner, occupant or property agent. In the event that the hearing results in a decision in the appellant's favor, the Board of Health will be responsible for the full expense.
(Ord. 53-2004, passed 8-2-04; Am. Ord. 76-2013, passed 6-18-2013)