A. Health Authority:
1. Request Filed: Any person affected by an order or notice issued by the health department in connection with the enforcement of any section of this chapter may file, in the office of the health department, a written request for a hearing before the health authority.
2. Time And Place Of Hearing: The health authority shall hold a hearing at a time and place designated by the health department within thirty (30) days from the date on which the written request was filed.
3. Notice: The petitioner for the hearing shall be notified of the time and place of the hearing not less than five (5) days prior to the date on which the hearing is to be held.
4. Decisions:
a. If, as a result of the hearing, the health authority 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 or notice, the health authority may modify or withdraw the order or notice and, as a condition for such action, may, where he deems it necessary, make requirements which are additional to those prescribed in this chapter for the purpose of properly protecting the public health.
b. The health authority shall render a decision within ten (10) days after the date of the hearing, which shall be reduced to writing and placed on file in the office of the health department as a matter of public record.
5. Appeal: Any person aggrieved by the decision of the health authority may seek relief therefrom through a hearing before the board of health environmental health committee.
B. Board Of Health Environmental Health Committee:
1. Request Filed; Time For Hearing: Any person aggrieved by the decision of the health authority rendered as the result of a hearing held in accordance with this section may file within five (5) days, in the office of the health department, a written request for a hearing at a time and place designated by the secretary of the board of health within thirty (30) days of the date on which the written request was filed.
2. Notice: The petitioner for the hearing shall be notified of the time and place of the hearing not less than five (5) days prior to the date on which the hearing is to be held.
3. Decisions:
a. If, as a result of fact elicited as a result of the environmental health committee hearing, the board of health finds that strict compliance with the decision of the health authority would cause undue hardship on the petitioner, and that the public health would be adequately protected and substantial justice done by granting a variance from the decision of the administrator or acting administrator, the board of health environmental health committee may grant a variance and, as a condition of such variance, may, where it deems necessary, make requirements which are additional to those prescribed by this chapter, all for the purpose of properly protecting the public health.
b. The board of health environmental health committee will render a decision within ten (10) days after the date of the hearing, which shall be reduced to writing and placed on file in the office of the health department, and a copy thereof shall be served on the petitioner personally or by delivery to the petitioner by certified mail. (Ord., 4-7-2008)