(A) Whenever the Director of Building and Housing or his or her duly authorized representative determine that there are reasonable grounds to believe that there has been a violation of any provision of this subchapter, he or she shall give notice of such alleged violation to the person or persons responsible therefor, as provided. Such notice shall:
(1) Be put in writing;
(2) Include a statement of the reasons why it is being issued;
(3) Allow a reasonable time (not less than ten days) 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 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; and
(5) Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this subchapter.
(B) (1) Any person affected by any notice which has been issued in connection with the enforcement of any provision of this subchapter, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Board of Health; provided that, such person shall file in the office of the Director of Building and Housing a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the date the notice was served.
(2) Upon receipt of such petition, the Board 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hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.
(3) 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 Board may postpone the date of the hearing for a reasonable time beyond such ten-day period, if, in the judgment of the Board, the petitioner has submitted a good and sufficient reason for such postponement.
(4) All hearings on any petition shall be open to the public.
(C) After such hearing, the Board shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this subchapter have been complied with. If the Board sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to division (A) above shall automatically become an order if a written petition for ten days after such notice is served. After a hearing in the case of any notice suspending any permit required by this subchapter when such notice has been sustained by the Board, the permit shall be deemed to be automatically revoked if a petition for hearing is not filed with the Board within ten days after such notice is served. The Director of Building and Housing or inspectors serving the notice upon which a petition for review is filed shall be allowed to be present, cross-examine witnesses and be cross-examined by petitioner.
(D) The petitioner may, if he or she so desires, furnish and pay a court reporter acceptable to the Board, who shall transcribe all matters of his or her hearing and furnish a copy to the Board. The Board shall make a finding of facts, which finding of facts shall be reduced to writing. The decision of the Board shall also be reduced to writing. All orders of the Board shall also be reduced to writing. The Board shall prepare a record consisting of the notice, the petition for a hearing, the statement of finding the facts, all decision and orders of the Board and deposit the same in the office of the Director of Building and Housing for public inspection.
(E) Whenever the duly authorized Inspector finds that an emergency exists which requires immediate action to protect the public health, he or she may, without notice of 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 the other provisions of this subchapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Board 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 subchapter have been complied with, the Board shall continue such order in effect, modify it or revoke it.
(Prior Code, § 151.24) (Ord. 540, passed - -1964)