(A) Any person or permit holder affected by any order or notice issued by the Health Officer in connection with the enforcement of any section of this chapter, may request a hearing before the Health Officer.
(B) Requests for a hearing must be within seven calendar days of service. A response to a hearing notice or a request for hearing shall be in written form and contain the following:
(1) An admission or denial of each allegation of fact;
(2) A statement as to whether the respondent waives the right to a hearing; and may also contain;
(3) A statement of defense, mitigation, or explanation concerning any allegation of fact; and
(4) A request to the Health Officer for a settlement of the proceedings by consent agreement if the Health Officer will provide this opportunity.
(5) A statement indicating whether the presence of witnesses for the Health Officer is required; and
(6) The name and address of the respondent’s or requester’s legal counsel, if any.
(C) Unless stated elsewhere in this chapter, the Health Officer shall hold the hearing at the time and place designated by them within 14 days from the date on which the written request was filed.
(D) The petitioner for the hearing shall be notified of the time and place of hearing not less than five days prior to the date on which the hearing is to be held.
(E) If, as a result of the hearing, the Health Officer finds that strict compliance with the order or notice would cause undue hardship on the petitioner, and that the public health would be adequately protected and substantial justice done by varying or withdrawing the order of notice, the Health Officer may modify or withdraw the order of notice as a condition for such action, may where deemed necessary, make requirements which are additional to those prescribed in this chapter for the purpose of properly protecting the public health.
(F) The Health Officer shall render a decision within ten days after the date of the hearing, which shall be reduced to writing and placed on file in the office of the authorized representative as a matter of public record. Any person aggrieved by the decision of the Health Officer may seek relief therefrom through a hearing before the County Board of Health.
(Ord. 17-2, passed 2-14-2017; Res. passed 11-14-2023)