(a) Whenever the Health Commissioner determines that there are reasonable grounds to believe that there has been a violation of any provision of this Housing Code or of any rule or regulation adopted pursuant hereto, he or she shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided.
Such notice shall:
(1) Be put in writing and signed by the Health Commissioner;
(2) Include a statement of the reasons why it is being issued;
(3) Allow a reasonable time for the performance 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 such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him or her personally, or sent by registered mail to his or her last known address, or posted in a conspicuous place in or about the dwelling affected by the notice, or if he or she is served with such notice by any other method authorized or required under the laws of this State;
(5) A copy of such notice showing the time and manner of service shall be kept on file by the Commissioner. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Housing Code and with rules and regulations adopted pursuant hereto.
(b) Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Housing Code, or of any rule or regulation adopted pursuant hereto, may request and shall be granted a hearing on the matter before the Health Commissioner, provided that such person shall file in the office of the Commissioner a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the day the notice was served. Upon receipt of such petition, the Commissioner and/or his or her counselor shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice shall be modified or withdrawn. The hearing shall be commenced not later than ten days after the day on which the petition was filed, provided, however, that upon application of the petitioner, the Commissioner may postpone the date of the hearing for a reasonable time beyond such ten-day period, if in his or her judgment the petitioner has submitted a good and sufficient reason for such postponement.
(c) After such hearing the Health Commissioner shall sustain, modify or withdraw the notice, depending upon his or her finding as to whether the provisions of this Housing Code and of the rules and regulations adopted pursuant hereto have been complied with. If the Commissioner sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to subsection (a) hereof shall automatically become an order if a written petition for a hearing is not filed in the office of the Commissioner within ten days after such notice is served. After a hearing in the case of a notice suspending any permit required by this Housing Code or by any rule or regulation adopted pursuant hereto, when such notice has been sustained by the Commissioner, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for a hearing is not filed in the office of the Commissioner within ten days after such notice is served.
(d) The proceedings at such hearing, including the findings and decision of the Health Commissioner, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Commissioner. Such 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 Commissioner may seek relief therefrom in any court of competent jurisdiction as provided by the laws of this State.
(e) Whenever the Health Commissioner 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 such an emergency and requiring that such action be taken as he or she deems necessary to meet the emergency. Notwithstanding any other provision of this Housing Code, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but, upon petition to the Commissioner, shall be afforded a hearing as soon as possible. After such hearing, depending upon his or her finding as to whether the provisions of this Housing Code and the rules and regulations adopted pursuant hereto have been complied with, the Commissioner shall continue such order in effect, modify it or revoke it.
(Ord. 1372. Passed 4-20-61.)