(A) Denial and approval of permit.
(1) In the event the Health Commissioner determines that the application for the construction permit and/or operating permit does not meet the standards set forth in this chapter, then the Health Commissioner shall be required to notify the permittee of such denial in writing, within 30 days of the original application, stating the specific reasons for the denial of the permit.
(2) Failure of the Health Commissioner to issue a written denial of a permit and/or to issue specific written directions regarding corrective actions that need to be taken to obtain the permit within 30 days from the date of application of the construction permit shall be construed as an approval of the construction permit. In the event the Health Commissioner issues written directives regarding corrective actions, then the permittee and/or his agent shall have a reasonable amount of time to address the items set forth in the directives in order to be able to obtain the construction permit.
(3) Failure of the Health Commissioner to issue a written denial of an operating permit and/or to issue specific written directions regarding corrective actions that need to be taken to obtain the permit within ten days from the date of application of the operating permit shall be construed as an approval of the operating permit. In the event the Health Commissioner issues written directives regarding corrective actions, then the permittee and/or his agent shall have a reasonable amount of time to address the items set forth in the directives in order to be able to obtain the operating permit.
(B) Suspension of permit/registration. The Health Commissioner may order the suspension of a construction permit or operation permit or installer registration. The Health Commissioner may order the suspension of a permit or registration for any of the following reasons:
(1) Failure to meet any of the standards of any of the provisions of this chapter or violations of any of provisions of this chapter.
(2) Interference with the Health Commissioner in the performance of his/her duties. Interference shall be defined as the process of obstructing, hampering or blocking the Health Commissioner in the performance of his/her duties.
(3) At the request of the permittee or installer, a hearing shall be afforded him/her/it within 24 hours of the issuance of the written suspension order. Said hearing shall be conducted as set forth in division (E) below.
(C) Revocation of permit/registration. Any permit and/or registration issued hereunder may be revoked by the Health Commissioner as the result of the willful or continued violation of any provision of this chapter. No such revocation shall be ordered by the Health Commissioner except after a hearing held pursuant to division (E) below upon at least ten days written notice to the owner/permittee/installer of the time, place and nature of said hearing. Said notice of hearing shall be served upon the owner/permittee/ installer by leaving, or mailing (certified mail) the notice to the address listed by the owner/ permittee/ installer at his/her/its address on the permit, application or installer registration application.
(D) Immediate revocation. Notwithstanding any of the other provisions of this chapter, whenever the Health Commissioner finds unsanitary or other conditions, which, in his/her opinion constitute an imminent health hazard, he/she may, without notice or hearing, issue and serve a written order on the owner/permittee/installer requiring the immediate cessation of operation/installation. Said written order shall site the existence of the imminent health hazard and shall specify the corrective action to be taken. Such order shall be effective immediately. Upon petition to the Health Commissioner, the permittee/installer shall be afforded a hearing within 24 hours of the issuance of the written order. Said hearing shall be conducted as set forth in division (E) below.
(E) Hearing. At any hearing required under this chapter, every owner/permittee/installer who is a party to such proceeding shall have the right to submit evidence, to cross examine witnesses and to be represented by counsel. All such hearings shall be conducted in an informal manner, but irrelevant, immaterial or unduly repetitious material shall be excluded. Upon the conclusion of the hearing, the Health Commissioner shall issue a final order determining the issue(s) which shall be conclusive on all parties subject to the right of appeal.
(F) Appeal.
(1) Any owner/permittee/installer aggrieved by an final order of the Health Commissioner shall be entitled to a review of the final order before the Board by filing a written request with the Secretary for the Board within 15 days of the Health Commissioner's final order.
(2) Upon the Secretary's receipt of such request, the Board shall hear the matter de novo in open hearing upon at least ten days written notice of the time, place and nature thereof. The notice shall be issued by the Secretary for the Board to owner/ permittee/installer filing the request.
(3) The notice shall be served upon the owner/permittee/installer by leaving or mailing (certified mail) the notice to the address listed on the application as his/her/its address or such other address he/she/it shall designate in writing.
(4) At such hearing, the same rules of procedure shall apply as in the case of the hearing before the Health Commissioner. Upon written demand by the owner/permittee/installer, 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 said Commissioners of Allen County, Indiana in the form of a transcript, a copy of which shall be available to any party.
(5) The expense of such proceedings shall be charged to the owner/permittee/installer who applied for the review, except that copies of the transcript shall be at the expense of the party obtaining same. The Commissioners of Allen County, Indiana may require the deposit of an amount determined to secure such expense.
(6) The Board shall make written findings of facts and shall enter its final order or determination of the matter in writing in the permanent records of the Board.
(Ord. G-07-97, passed 7-9-97; Am. Ord. G-6-12, passed 2-28-12)