(A) Hearing before the Health Authority. Any person affected by any order or notices issued by the County Health Department in connection with the enforcement of any section of this subchapter may file in the office of the Health Department a written request for a hearing before the Health Authority. The Health Authority shall establish the time and place for conducting a hearing within 30 days from the date on which the request was filed. The petitioner for the hearing shall be notified of the time and place of the hearing not less than five days prior to the date on which the hearing is to be held. 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. The Health Authority 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 Health Department as a matter of public record. Any person aggrieved by the decision of the Health Authority may seek relief through a hearing before the Board of Health.
(B) Hearing before the Board of Health. 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 in the office of the County Health Department a written request for a hearing at a time and place to be established by the president of the Board of Health within 30 days of the date on which the written request was filed. The petitioner for the hearing shall be notified of the time and place of the hearing not less than five days prior to the date on which the hearing is to be held. If, as a result of facts elicited at the 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 public health would be adequately protected and substantial justice done by granting variance from the decision of the Health Authority, the Board of Health may grant a variance. The Board of Health shall render a decision within the ten days after the date of the hearing which shall be reduced to writing 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. O-114-1-15, passed 1-8-2015)