(A) Authority to inspect and to copy records. The person operating or owning any public pool, semi-public pool, and/or spa in the county shall, upon the request of the Health Officer, permit such Health Officer, or his or her authorized representative, access to all pool and/or spa facilities, and shall permit the Health Officer, or his or her authorized representative, to collect evidence and/or exhibits and to copy any and all records relative to the enforcement of this subchapter.
(B) Inspection of facilities. The Health Officer, and/or his or her designated representative, shall implement a regular program of inspecting facilities permitted under this subchapter.
(1) If, upon such an inspection, the Health Officer, or his or her designated representative, finds that the permitted facility is violating any of the provisions of this subchapter, then, and in that event, the Health Officer, or his or her designated representative, may promptly issue a written order to the permittee of such facility to appear at a certain time, no later than ten days from the date of the second inspection, and at a place in the county fixed in said notification, to show cause why the permit issued under the provision of this subchapter should not be revoked.
(2) The Health Officer, upon such hearing, if the permittee should fail to show cause, shall revoke said permit and promptly give written notice of such action to the permittee. The Health Officer shall maintain a permanent record of his or her proceedings filed in the office of the County Health Department.
(C) Suspension of permit.
(1) Any permit issued under this subchapter may be temporarily suspended by the Health Officer without notice of hearing for a period not to exceed 30 days, for any of the following reasons:
(a) Unsanitary or other conditions which, in the Health Officer’s opinion, endanger the public health; and/or
(b) Interference with the Health Officer, or any of his or her authorized representatives, in the performance of his, her, or their duties.
(2) Provided, however, that upon written application from the permittee, served upon the Health Officer with 15 days after such suspension, the Health Officer shall conduct a hearing upon the matter after giving at least five days’ written notice of the time, place, and purpose thereof to the suspended permittee; provided further, that any such suspension order shall be issued by the Health Officer in writing and served upon the permittee by leaving a copy at his or her usual place of business, or by delivery of certified or registered mail to such address. Any person whose permit has been suspended may, at any time, make application to the local Health Officer for the reinstatement of his or her permit.
(Ord. 2012-VII, passed 4-3-2012) Penalty, see § 112.99