(a) Whenever the Mayor determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he shall give a notice of such alleged violation to the person or persons responsible. 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 for the performance of any act it requires.
(4) Be served upon the owner or his agent, or the occupant, as the case may require. 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 personally, or if a copy is sent by registered mail to his last known address, or if a copy is posted in a conspicuous place in or about the dwelling affected by the notice, or if he is served with such notice by any other method authorized or required under the laws of the State. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
(b) Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter or any rule or regulation adopted pursuant hereto may request and shall be granted a hearing on the matter before the Mayor, provided that such person files in the office of the Mayor 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 Mayor 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such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten days after the day on which the petition was filed. Upon application of the petitioner the Mayor may postpone the date of the hearing for a reasonable time beyond such ten day period, if in his judgment the petitioner has submitted a good and sufficient reason for such postponement.
(c) After such hearing the Mayor shall sustain, modify or withdraw the notice, depending upon his finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Mayor 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 Mayor within ten days after such notice is served. After a hearing in the case of any notice suspending any permit required by this chapter or by any rule or regulation adopted pursuant thereto, when such notice has been sustained by the Mayor, the permit shall be deemed to have been revoked. Any 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 Mayor within ten days after such notice is served.
(d) The proceedings at such hearing, including the findings and decision of the Mayor shall be summarized, reduced to writing and entered as a matter of public record in the Office of the Mayor. The 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 Mayor may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the State.
(e) Whenever the Mayor finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he believes necessary to meet the emergency. Notwithstanding any other provision of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Mayor shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Mayor shall continue such order in effect, modify it, or revoke it.
(Ord. 2696-95. Passed 1-4-95.)