(A) In exercising powers conferred by this chapter or any other section of this code relating to communicable diseases, the public health official shall be guided by the most recent instructions, opinions and guidelines of the Centers for Disease Control of the United States, Department of Health and Human Services, which relate to the spread of infectious diseases.
(B) In order to ascertain the source of infection and reduce its spread, the public health official, and persons under the public health official’s direction and control, shall have full power and authority to inspect or cause to be inspected, and to issue orders regarding any commercial building, structure or premises, or any part thereof, which may be a site of high-risk sexual conduct. If the public health official determines that a hazardous site as defined herein exists, the public health official shall declare it to be a public health hazard and public health nuisance and shall then:
(1) Notify the manager, owner or tenant of the hazardous site that the public health official has reasonable belief that the premises, building or structure is a hazardous site, as defined herein;
(2) Issue two written warnings at least ten days apart to the manager, owner or tenant of the premises stating the specific reasons for the public health official’s opinion that the premises, building, or structure is a hazardous site, as defined herein; and
(3) Once the notices and warnings have been issued, the public health official or the public health official’s appointee shall proceed as follows:
(a) After the manager, owner or tenant of the premises has been notified in writing as to the basis of the public health official’s determination, the manager, owner or tenant shall have ten days from the date of the last warning to request a hearing before the public health official or the public health official’s appointee for the determination as to the existence of such hazardous site. If the manager, owner or tenant of the premises does not request a hearing within ten days of the date of the last warning notice, the public health official shall then cause the premises to be posted with a warning advising the public that the premises have been declared a hazardous site and the public health official shall cause orders to be issued to the manager, owner or tenant of the premises constituting the hazardous site to take specified corrective measures to prevent high-risk sexual conduct from taking place within the premises.
(b) If the manager, owner, or tenant of the premises requests a hearing, the hearing shall be held before the public health official or the public health official’s appointee at a date not more than 30 days after demand for a hearing. After considering all evidence, the public health official or the public health official’s appointee shall make a determination as to whether the premises constitute a hazardous site, as defined herein, and issue a decision based upon all hearing evidence presented. If the public health official or the public health official’s appointee makes a determination that the premises constitute a hazardous site, the public health official shall then issue orders to the manager, owner or tenant of the premises to take corrective measures to prevent high-risk sexual conduct from taking place within the premises and cause the premises to be posted with a warning advising the public that the premises have been declared a hazardous site.
(c) If, within 30 days from issuance of the orders to the manager, owner or tenant of the hazardous site, the public health official determines that the corrective measures have not been undertaken, the public health official may order the abatement of the hazardous site as a public nuisance, which shall be enforced by mandatory or prohibitory injunction in a court of competent jurisdiction, or may secure a court order for the closure of the premises constituting the hazardous site until the premises, building, or structure is in compliance with the regulations set forth herein.
(Prior Code, § 608.06)