a. General. The provisions of this subsection control in the absence of contrary provisions of State or County law particularly applying to one (1) or more licensable activities hereunder; however, violations of this chapter are also subject to criminal and/or civil enforcement procedures like all other violations of this Code.
b. Administration and Regulation. The Health Officer shall administer this chapter. The Health Officer himself may promulgate regulations carrying out these provisions, including prescribing application and identification forms.
c. Temporary Suspension.
1. Complaint. When a written complaint is filed with or by the Health Officer or one (1) of his medical deputies that some applicable law or regulation is being violated by any person or licensable activity, he may order a hearing pursuant to paragraph f.
2. Period. After hearing, he may suspend the license for not more than ninety (90) calendar days, or until he is assured of compliance with applicable laws and regulations, whichever period is shorter; and he may post notice of this action in a conspicuous place. At the end of the shorter period the license becomes valid again.
d. Emergency Suspension.
1. Health Danger. After making a written finding that the public health is endangered by some person or licensable activity, the Health Officer or one (1) of his medical deputies may order the immediate cessation of the activity, abatement of the condition, or action to correct the condition, and he may order the emergency suspension of the license and its removal from the person or premises; and he may post notice of this action in a conspicuous place. Emergency suspension is in addition to, and not limited by nor in derogation of, any other authority or power which the Health Officer may have under this or other laws or regulations.
2. Period. Each emergency suspension, as distinct from any other authorized action, is effective for not more than seven (7) calendar days, including the first day on which the license is suspended. At the end of that period, or sooner if a finding is made that the public health is no longer endangered, the license becomes valid again, unless a hearing is ordered pursuant to paragraph f. below.
e. Revocation. The Health Officer or one (1) of his medical deputies may revoke and confiscate a license if:
1. It has been suspended once after hearing; and
2. Violations of this chapter or other applicable laws or regulations or acts or omissions endangering the public health continue; and
3. He makes a written finding that correction of the situation is impracticable and that the public health is endangered. He may post notice of this action in a conspicuous place.
f. Hearings.
1. The Health Officer shall give written notice of the hearing to the licensee or the person involved or in charge of the premises or operation, delivered or mailed to the latest address on file with him, at least seventy-two (72) hours before the hearing for emergency suspensions, and at least five (5) days before the hearing for temporary suspensions. The notice shall specify:
(a) The hearing date, time and place (not more than fourteen (14) days thereafter);
(b) The reasons for the hearing; and
(c) The licensee’s rights to correct, comply with, or desist from, the cited reasons, and/or show cause against suspension of the license.
2. Conduct. The Health Officer or one (1) of his medical deputies shall conduct the hearing, or he may have the County Hearing Officer conduct it and recommend back to him a suggested disposition of the matter. Hearings may not be postponed or continued longer than ten (10) days from the original date without the consent of the licensee.
3. Decision. The Health Officer or the medical deputy shall make his written decision within fourteen (14) days after;
(a) The hearing’s close; or
(b) His receipt of the Hearing Officer’s recommendations; and he shall promptly notify the licensee thereof.
g. Appeals. Appeals are governed by Section 1-8.
(Ord. #15, §1[4])