(A) Any employee of the Department of Health for the purposes of this section is considered to be a health officer who, upon bearing proper credentials and identification, shall be permitted to enter upon all properties at any time for the purpose of inspection, observation, measurement, sampling, and testing necessary to carry out the provisions of this subchapter.
(B) Whenever a health officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this subhapter, the health officer shall give notice of such alleged violation to the person or persons responsible therefore, or to any known agent of such person as hereinafter provided. Such notice shall be in writing, include a statement of the reasons why it is being issued, allow reasonable time for the performance of any act required to remedy the situation, be served upon the person or persons responsible or to any known agent of such person by personal delivery, first class mail, to their last known address, by posting a copy in a conspicuous place in or about the building or dwelling affected by the notice, or by any other method authorized or required under the laws of this state. Such notice must contain an outline of the remedial action required, which if taken by specified date, will constitute compliance with the provisions of this subchapter.
(C) If an emergency exists which requires immediate action to protect the public health, a health officer may, without notice or hearing, issue an emergency administrative notice of violation reciting the existence of an emergency and requiring that such action which is deemed necessary to be taken to abate the emergency.
(D) Failure to comply with the provisions of this subchapter constitutes an ordinance violation punishable by a fine not to exceed $2,500 for each offense with each day the violation remains in existence constituting a separate and distinct offense. In addition to any fine levied, the Department may seek equitable relief to abate the public health hazard, nuisance, or violation of this subchapter by proceedings in any court of competent jurisdiction. Should the Department be required to institute legal proceedings to enforce the provisions of this subchapter, in addition to any fines set forth above, the offending person or entity shall be responsible for repayment to the Department of any expense, including but not limited to, attorney's fees incurred in said enforcement action.
(Ord. 2003-3B, passed 3-3-03)