§ 151.087  NOTICE OF OTHER VIOLATIONS; RIGHT TO HEARING.
   (A)   Whenever the Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter which affects the health of the occupants of any dwelling, dwelling unit, or rooming unit or the health of the general public; or whenever the Building Superintendent determines that there are reasonable grounds to believe that there has been a violation of any such provision which affects the safety of any such occupants or the safety of the general public, the Health Officer or the Building Superintendent, as the case may be, shall give notice of such alleged violation to the person or persons responsible therefor, and to any known agent of such person, as hereinafter provided. Such notice shall:
      (1)   Be put in writing;
      (2)   Include a statement of the reasons why it is being issued;
      (3)   Allow a reasonable time for the performance of any act it requires;
      (4)   Be served upon the owner or his or her agent, to the occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him or her personally, or if a copy thereof is sent by registered mail to his or her last known address, or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or if he or she is served with such notice by any other method authorized or required under the laws of this state.
      (5)   Such notice must contain an outline of remedial action which, if taken, will affect compliance with the provisions of this chapter.
   (B)   (1)   Any person affected by any such notice issued by the Health Officer may request and shall be granted a hearing on the matter before the Board of Public Health of the city, and any person affected by any such notice issued by the Building Superintendent may request and shall be granted a hearing on the matter before the Board of Public Works and Safety of the city; provided that such person shall file in the office of the Health Officer or Building Superintendent, as the case may be, within ten days after service of the notice, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor.
      (2)   Upon receipt of such petition the Health Officer or Building Superintendent, respectively, shall arrange a time and place for such hearing and shall give the petitioner written notice thereof. Such hearing shall be held as soon as practicable after the receipt of request therefor. At such hearing the petitioner shall be given an opportunity to be heard and to show cause why such notice should not be complied with.
   (C)   (1)   After such hearing the respective board shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this chapter have been complied with. If the respective board shall sustain or modify such notice, it shall be deemed to be an order. Any notice served pursuant to division (A) of this section shall automatically become an order if a written petition for a hearing is not filed in the office of the Health Officer or Building Superintendent within ten days after such notice is served.
      (2)   After a hearing in the case of any notice suspending any permit required by this chapter, when such notice has been sustained by the respective board, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Health Officer or Building Superintendent within ten days after such notice is served.
   (D)   The proceeding at such hearing, including the findings and decision of the Board shall be summarized, reduced to writing and entered as a matter of public record in the offices of the Board. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Board may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
   (E)   Whenever the Health Officer finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such
an emergency and require that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the Health Officer shall be afforded a hearing as soon as possible in the manner provided in division (B) above. After such hearing, depending upon the findings as to whether the provisions of this chapter have been complied with, the Board shall continue such order in effect, or modify it, or revoke it.
(Ord. 2019-19, passed 11-4-2019)