(A) Contents of notice. Whenever the city inspector or health officer determines violations of this chapter or pertinent laws or ordinances exist, he or she shall notify the owner or his or her agent of the alleged violation. The notice shall:
(1) Be in writing;
(2) Include a statement of the reasons for its issuance;
(3) Contain an outline of remedial action, which, if taken, will effect compliance with provisions of this chapter and other pertinent regulations;
(4) Allow a reasonable time, not to exceed 90 days, for the performance of any act it requires; and
(5) Be served upon the owner or his or her agent as the case may require. The notice or order shall be deemed as properly served upon owner or agent when a copy thereof has been sent by certified mail to his or her last known address.
(B) Hearing before City Judge and City Attorney. Any person affected by any notice issued under this chapter or resulting regulation may request and shall be granted a hearing on the matter before the City Judge and City Attorney. Such person shall file with the city inspector or health officer a written request for such hearing and setting forth briefly the grounds for such request within ten days after the notice was served. When no request for such hearing shall have been filed within ten days following the day on which notice was served, a violation shall be deemed to have been automatically in existence at the expiration of the ten-day period. The filing of the request shall not stay the notice in cases of orders issued under this section. The hearing shall be held by the City Judge and City Attorney at the earliest possible time.
(C) Findings; appeal to District Court. After the hearing, the city inspector or health officer shall compile the findings of the City Judge and City Attorney as to compliance with this chapter and pursuant regulations and shall issue an order in writing sustaining, modifying or withdrawing the prior notice which shall be served as provided in this section. Appeals from decisions of the City Judge and City Attorney shall be to the District Court.
(D) Emergency; order for immediate action. Whenever the city inspector or health officer finds that an emergency exists which requires immediate action to protect the public health, the city inspector or health officer may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she may deem necessary to meet the emergency. Notwithstanding any other provisions of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the City Council, shall be afforded a hearing at the next regular meeting even if the agenda has been completed.
(E) Notice of violation; license suspension. Whenever the health officer in company of the city inspector finds conditions existing in violation of this chapter, or of any regulation adopted pursuant thereto, the city inspector shall give notice in writing to the person to whom the license was issued, that unless such conditions or practices be corrected within a reasonable period of time specified in the notice, the license will be suspended. At the end of such period, not to exceed 90 days, the city inspector or health officer shall reinspect such park, and if such conditions or practices have not been corrected, the city inspector shall suspend the license and give notice in writing of such suspension to the person to whom the license was issued. Upon receipt of notice of suspension, such person shall cease operation of such park.
(Prior Code, § 9-9-5)