(A) Any person upon which a violation is alleged to exist who disputes the existence of a violation, or disputes the nature of the abatement action ordered in the abatement notice, may, within ten calendar days of service of the abatement notice, serve upon the Chairman of the Board of Health, County Health Officer, designee or agent, a written request for a hearing. The written request does not need to be in any particular form, but shall clearly indicate that a hearing is requested, and shall set out the nature of the individual’s disagreement with the content of the abatement notice. Failure to serve timely notice shall result in waiver of any dispute or objection to the order.
(B) Upon receipt of the written request for a hearing, the Board of Health Chairman, or County Health Officer, shall schedule the matter with the Hearing Board. The Hearing Board shall function as hearing body to adjudicate the matter.
(C) The Howard County Health Department by its Board of Health Chairman, County Health Officer, or designee shall give written notice to the party requesting the hearing of the date and time of the hearing. Such notice shall be given no less than five calendar days prior to the date set for hearing. A shorter period of time may be granted, if requested by either party and agreed upon.
(D) At the hearing, which may be adjourned from time to time, it shall be the Howard County Health Officer’s or his or her designee’s burden to go forward with evidence sufficient to demonstrate that a violation exists, and that the actions required are reasonably calculated to abate the violation within a reasonable period of time. The party requesting the hearing shall have the right to dispute the existence of the violation, the reasonableness of the remedy, or the reasonableness of the time allowed to remedial action. The party requesting the hearing may propose alternative remedies or time periods for remedial action, or alternate remediation plans.
(E) All such hearings shall be open to the public pursuant to Indiana statutes on open meetings.
(F) Upon conclusion of the presentation of evidence and oral argument, if any, the Howard County Board of Health’s Hearing Board shall deliberate and render a decision either confirming, amending or rescinding the disputed content of the abatement notice.
(G) All time parameters set out in the abatement notice for completion of compliance actions shall be tolled, pending the outcome of the Hearing Board’s decision. In cases where the actions of the Health Officer are upheld, or are upheld as modified by the Hearing Board, it shall be the responsibility of the Hearing Board, in its decision, to establish time periods for completion of compliance activities held in abeyance during the hearing process.
(Ord. 2015-BCCO-34, passed 12-21-15)