(A) The owner or his agent shall, upon the request of the Health Officer, permit access to all areas of the swimming pool and shall permit inspection of, access to and the copying of any and all records relating to the operation of the swimming pool.
(B) Whenever the Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this subchapter, the Health Officer shall give notice of such alleged violation to the owner and/or agent, as hereinafter provided. Such notice shall:
(1) Be in writing;
(2) Include a statement of the reasons why it is being issued;
(3) Contain an outline of remedial action, which, if taken, will effect compliance with the provisions of the subchapter;
(4) Allow a reasonable time for the correction of the violations; and
(5) Be served upon the owner or his agent, provided that such notice shall be deemed to be properly served upon such owner or agent, if a copy thereof is sent by certified mail to the address listed on the permit application, or if a copy thereof is posted in a conspicuous place in or about the facility affected by the notice, or if the owner is served with such notice by any other method authorized under the laws of this state.
(C) Any permit issued under the provisions of this subchapter may be temporarily suspended by the Health Officer for any of the following reasons:
(1) Failure to meet any of the standards required by this subchapter.
(2) Violation of any provision(s) of this subchapter.
(3) Interference with the Health Officer or any of his authorized representatives in performance of their duties.
(D) At the request of the owner, a hearing shall be afforded him within 24 hours of the issuance of the written temporary suspension order.
(E) Notwithstanding any other provisions of this subchapter, whenever the Health Officer finds insanitary or other conditions involving the operation of any swimming pool operation which, in his opinion, constitutes an imminent health hazard, he may, without notice or hearing, issue a written order to the owner, citing the existence of such condition and specifying corrective action to be taken. In the event that the suspected or known imminent health hazard is found to exist, the Health Officer may require immediate discontinuance of operation.
(1) Such order shall be effective immediately.
(2) The owner, upon petitioning the Health Officer, shall be afforded a hearing as soon as possible.
(3) When the necessary corrective action has been taken and the owner so requests, the Health Officer shall make a reinspection to determine whether the operation may be resumed.
(F) Any permit issued hereunder may be revoked by the Health Officer for willful or continuous violation of any provision(s) of this subchapter.
(G) No such revocation shall be ordered by the Health Officer except upon hearing and at least ten days written notice to the owner of the time, place and nature of such hearing.
(H) Such notice shall be served upon the owner by having a copy at the address listed on the permit application or by mailing the notice by certified mail to such address.
(I) At such hearing, every person who is a party to such proceedings shall have the right to submit evidence and to cross-examine witnesses and to be represented by counsel. All such hearings shall be conducted in a informal manner, but irrelevant, immaterial or unduly repetitious evidence shall be excluded.
(J) Upon the conclusion of such hearing, the Health Officer shall make a final order determining the issue, which order shall be final and conclusive upon all parties.
(K) Any owner aggrieved by such an order shall be entitled to a review of the same before the Board by filing a written request therefore with the Secretary of the Board within 15 days after such order is issued. Upon receipt of such application, said Board shall hear the matter de novo in open hearing upon at least ten days notice of the time, place and purpose thereof, which notice shall be issued by the Secretary of the Board to all persons affected.
(L) Such notice shall be served upon the owner affected by leaving a copy at the address listed on the permit application or by mailing the notice by certified mail to such address.
(M) At such hearing, the same rules of procedure shall apply as in the case of the hearing before the Health Officer; provided, only, that upon written demand by the owner, the Board shall cause the proceedings before it to be recorded by a stenographer or reporter employed for such purpose and the same, together with all papers and documents filed therein, shall be reproduced by such Board in the form of a transcript, a copy of which shall be available to any party.
(N) The expense of such proceedings shall be charged to the party applying for the review. The Board may require the party applying for a review to deposit with such request an amount as determined by it to secure such expense.
(O) The Board shall make written findings of the facts in the case and shall enter its final order or determination of the matter in writing in the permanent records of the Board.
('74 Code, § 27-30) (Ord. G-24-90, passed 9-11-90)