(A) The Health Officer or designee, bearing proper credentials and identification, shall be permitted to enter upon all properties at proper times for the purpose of inspection, observation, measurement, sampling and testing necessary to carry out the provisions of this chapter.
(B) Whenever the Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he or she shall give notice to such alleged violation to the person or persons responsible therefor, and to any known agent of such person, as hereinafter provided. Such notice shall:
(1) Be in writing;
(2) Include a statement of 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 if a copy thereof is sent by certified 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 such notice by any other method authorized or required under the laws of this state; and
(5) Contain an outline or remedial action, which if taken, will affect compliance with the provisions of this chapter.
(C) Any person affected by any such notice issued by the Health Officer may request and shall be granted a hearing on the matter before the Health Officer; provided, that such person shall file in the office of the latter within ten days after service of the notice, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. Upon receipt of such petition, the Health Officer or his or her designated representative shall arrange a time and place for such hearing and shall give the petitioner written notice thereof. Such hearing shall be held as soon as practicable after the receipt of request therefor. At such hearing, the petitioner shall be given an opportunity to be heard and to show just cause why such notice should not be complied with.
(D) After such 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 have been complied with. If the Health Officer shall sustain or modify such notice, it shall be deemed to be an order. Any notice served pursuant to division (B)(4) above shall automatically become an order if a written petition for a hearing is not filed in the office of the Health Officer within the ten days after such notice is served. After a hearing in the case of any notice suspending any permit required by this chapter, when such notice has been sustained by the Health Officer, 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 hearing is not filed in the office of the Health Officer within ten days after such notice is served.
(E) Whenever the Health Officer finds that an emergency exists which requires immediate action to protect the public health 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 the other provisions of this chapter, such order shall be effective immediately, but upon petition to the Health Officer shall be afforded a hearing as soon as possible, in the manner provided in division (C) above. After such hearing, depending upon the finding as to whether the provisions of this chapter have been complied with, the Health Officer shall continue such order in effect, or modify it, or revoke it.
(Ord. 2017-12, passed 8-7-2017)