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(a) Whenever conditions of a building, structure or premises occupied by a food establishment afford food or harborage for rodents which create an imminent hazard to public health, the commissioner of streets and sanitation shall notify, in writing, the owner, agent or the person in control of the food establishment, directing the owner or person in control to correct such conditions, including properly storing or handling food that is prepared, sold or served in or from the establishment, and the freeing of the establishment of rodent infestation. The notice shall set a date by which the measures must be taken. After the notice is given, but before the allotted time has elapsed for compliance, the owner may request a hearing to file exceptions to and to contest the notice or the owner may request the commissioner to extend the time allowed for compliance. In any case, the request must be filed with the commissioner of streets and sanitation within 24 hours of receipt of the notice, excluding Saturdays, Sundays and legal holidays. Upon receipt of a request for a hearing, the commissioner shall institute an action with the department of administrative hearings which shall appoint an administrative law officer who shall conduct the hearing within 48 hours of the owner's request for a hearing, excluding Saturdays, Sundays and legal holidays. Unless the administrative law officer deems that there is no imminent hazard to public health or a time extension is granted by the commissioner of streets and sanitation, the commissioner may order the immediate closure of the food establishment until the conditions are corrected and the establishment is freed of rodent infestation. For purposes of this section, a “food establishment” means any business required to obtain a license pursuant to Chapter 4-8 of this Code.
(b) All food establishments shall contract with a licensed exterminator who shall provide insect and vermin services at the establishment at least twice a year.
(Amend Coun. J. 3-10-99, p. 91043)
Notes
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