(A) The Health Officer may, upon written notice without prior warning or hearing, suspend any license to operate a swimming pool for any of the following reasons:
(1) The operation, in the opinion of the Health Officer, constitutes an imminent health hazard;
(2) The swimming pool has one or more critical violations as follows:
(a) Disinfectant residual is below acceptable levels;
(b) Water clarity does not allow for observation of the entire swimming pool bottom including bottom drain;
(c) Life guards are not present where required;
(d) Water samples are unacceptable chemically or bacteriologically;
(e) Chlorine or disinfectant mechanical chemical feeder is not working; or
(f) Self-contained breathing apparatus is not working and/or no one qualified in its use is on duty where required.
(3) Interference with the Health Officer in the performance of his or her duties;
(4) Failure to correct an imminent health hazard;
(5) Failure to correct any specific violation on two or more consecutive routine inspections; or
(6) Failure to comply with the correction schedule established by the Health Officer.
(B) The license shall be promptly reinstated when it has been verified by the Health Officer that the reason for suspension has been corrected. Suspension shall be for a period not exceeding 30 days. Whenever the license to operate a swimming pool is suspended, the holder of the license to operate or the person(s) in charge shall be notified in writing that the license to operate the swimming pool is, upon serving of the notice, immediately suspended. Opportunity for a hearing will be provided if a written request for a hearing is filed, by the holder of the license or the person(s) in charge, with the Health Officer within ten days after service of the notice. An opportunity for a hearing with the Health Officer shall be afforded within 20 days of receipt of the request. If no written request for hearing is filed within ten days, the suspension is sustained. The Health Officer shall end the suspension upon the request of the holder of the license or the person(s) in charge if the reason for the suspension no longer exists. If after 30 days the suspension is still in place, the Health Officer shall conduct a hearing for license revocation.
(Prior Code, § 16-19-3-5) (Ord. 95-065, passed 1-17-1995, 95 COM REC 64–84; Ord. 95-482, passed 5-15-1995, 95 COM REC 481–483; Ord. 06-167, passed 5-1-2006, 2006 COM REC 167–188)