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Every person shall conform to the orders and regulations of the Board of Health. All orders and regulations of the Board of Health, not for the government of the Board, but intended for the general public, shall have the same force and effect as ordinances adopted by Council.
In case of emergency, caused by an epidemic of contagious or infectious diseases, or conditions or events endangering the public health, the Board of Health may declare such orders and regulations to be emergency measures, and such orders and regulations shall become immediately effective without advertising, recording and certifying.
(Ord. 7578. Passed 7-20-42.)
Whenever the applicant for any permit required by this Health and Sanitation Code shall be refused a permit, or whenever the permit of any holder shall be suspended or revoked, such applicant or permit holder may appeal such refusal, suspension or revocation to a Board, consisting of the President of Council, the Finance Director and the Law Director.
Notice of appeal shall be given in writing within ten days after the refusal, suspension or revocation, and shall be filed in the office of the Finance Director.
Such Board shall hear the appeal, shall hold a public hearing and shall notify the appellant and officer in charge of issuance of the permit of the time of such hearing. A majority of the Board shall constitute a quorum. It shall receive evidence on any question, subject to the rules of the Court of Common Pleas of the State. The Board may make rules governing its business and shall elect a Chairperson, Vice-Chairperson and Secretary. The Board shall decide questions within thirty days after appeal, but this limitation is directory and does not affect the Board's jurisdiction.
No permit shall be issued while an appeal is pending, nor while litigation is pending in any court challenging the Board's action. The Board may sustain, modify or reverse any refusal or revocation of a permit. These provisions shall not apply to permits for the construction, alteration or removal of a building nor to permits authorized to be issued by the City Planning and Zoning Commission.
(Ord. 178-1959. Passed 9-14-59.)
If any violation, obstruction, interference or omission of an order or regulation of the Board of Health is by a corporation, it shall forfeit and pay to the City a sum not to exceed five thousand dollars ($5,000), to be collected in a civil action brought in the name of the City. Any officer or agent of such corporation having authority over the matter, and permitting such violation, shall be subject to a fine or imprisonment, or both, as provided in Section 1101.99. The judgment herein authorized is in the nature of a penalty or exemplary damages. No proof of actual damages shall be required, but the court or jury finding other facts to justify recovery shall determine the amount by reference to all of the facts, inculpatory, exculpatory or extenuating, adduced upon the trial.
The right to proceed under this section shall not relieve any person from prosecution for a misdemeanor as otherwise provided.
Whoever violates or fails to comply with any of the provisions of this Part Eleven - Health and Sanitation Code, for which no penalty is otherwise provided, is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.