(A) Appeals may be filed with the County Board of Health for any of the following decisions or actions taken by the County Health Officer:
(1) Denial of a permit to install, construct, reconnect, replace, alter, or repair an on-site sewage system, holding tank, or sanitary vault privy;
(2) Revocation of a permit;
(3) The issuance of a notice of violation, a stop work order, or an emergency order as prescribed in § 53.13;
(4) Registration revocation, or duration of revocation, or denial of registration renewal as prescribed in § 53.04; or
(5) A penalty as prescribed in § 53.99.
(B) Any person(s) filing such appeal shall be granted a hearing on the matter before the County Health Board. The request shall be in writing and received at the office of the County Health Department within ten calendar days of receipt of the notice. If a request for hearing is not received within the ten calendar days, the decision or action shall stand.
(C) Such request shall briefly state the reasons for the requested hearing. Upon receipt of a request for a hearing, the County Health Officer shall arrange a time and a place for such hearing and shall give the petitioner written notice thereof.
(D) Such hearing shall be held as soon as practical after receipt of the request in compliance with I.C. 5-14-1.5-5 (Open Door Law).
(E) At such hearing, the petitioner shall be given the opportunity to be heard and to show evidence as to why such decision or action should be modified or withdrawn. Additionally, the Health Officer shall be given time to explain the circumstances of the decision and/or action.
(F) The proceedings at such hearing, including the findings and decision of the County Health Board, shall be summarized in the minutes of the hearing and entered as a matter of public record in the office of the County Health Department. In addition, all pertinent information including, but not limited to, permit application and written correspondence, shall be included in the public record. Any person may seek relief thereof from any court of competent jurisdiction as provided by the law of the state.
(Ord. 2023-20, passed 11-6-2023)