(A) Whenever the Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any regulation adopted pursuant thereto, he or she shall give notice of the alleged violation to the person or persons responsible therefor, as hereinafter provided.
(B) The notice shall:
(1) Be put in writing;
(2) Include a statement of the reasons why it is being issued;
(3) Allow a reasonable time for the doing of any act it requires;
(4) Be served upon the owner or his or her agent, or the occupant, as the case may require; provided, that the notice or order shall be deemed to be properly served upon such owner or agent, or upon the occupant, if a copy thereof is sent by registered mail to his or her last known address; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or if he or she is served with the notice by any other method authorized or required by the laws of this state; and
(5) Contain an outline of remedial action which if taken will effect compliance with the provisions of this chapter and with regulations adopted pursuant thereto.
(C) Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this chapter, or any regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Health Officer; provided, that the person shall file in the office of the Health Officer a written petition requesting the hearing and setting forth a brief statement of the grounds therefor within ten days after the notice is served. Upon receipt of the petition, the Health Officer shall set a time and place for the hearing, and shall give the petitioner written notice thereof. At the hearing, the petitioner shall be given an opportunity to be heard and to show why the notice should be modified or withdrawn. The hearing shall be commenced not later than ten days after the day on which the petition was filed; provided, that upon application of the petitioner, the Health Officer may postpone the date of the hearing for a reasonable time beyond the ten-day period, if in his or her judgment the petitioner has submitted a good and sufficient reason for the postponement.
(D) After the hearing, the Health Officer shall sustain, modify or withdraw the notice depending upon his or her findings as to whether the provisions of this chapter and of regulations adopted pursuant thereto have been complied with. If the Health Officer sustains or modified the notice, it shall be deemed to be an order. Any notice served pursuant to § 151.04 shall automatically become an order if written petition for hearing is not filed in the office of the Health Officer within ten days after the notice is served. After a hearing in the case of any notice suspending any permit required by this chapter or by any regulation adopted pursuant thereto, when the notice has been sustained by the Health Officer, the permit shall be deemed to have been revoked. Any permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Health Officer within ten days after the notice is served.
(E) The proceedings at the hearing, including the findings and decision of the Health Officer, shall be reduced to writing and entered as a matter of public record in the office of the Health Officer. The record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Health Officer may seek relief from the Lead City Commission or in any court of competent jurisdiction, as provided by the laws of this state.
(F) Whenever the Health Officer finds that an emergency exists which requires immediate action to protect the public health, he or she may, without notice or hearing, issue an order reciting the existence of an emergency and requiring that the action be taken as he or she deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter the order shall be effective immediately. Any person to whom an order is directed shall comply therewith immediately but, upon petition to the Health Officer, shall be afforded a hearing as soon as possible.
(G) After the hearing, depending upon his or her finding whether the provisions of this chapter and of regulations adopted thereto have been complied with, the Health Officer shall continue the order in effect or modify it or revoke it.
(Prior Code, § 10-203)