(A) Whenever the Health Official or Building Inspector determines violations of pertinent regulations exist, he or she shall notify the licensee or permittee of the alleged violation. The notice shall:
(1) Be in writing;
(2) Include a statement of the reasons for its issuance;
(3) Contain an outline of remedial action, which, if taken, will affect compliance with provisions of this chapter and other pertinent regulations;
(4) Allow a reasonable time, not to exceed 90 days, for the performance of any act it requires; and
(5) Be served upon the owner or his or her agent as the case may require. The notice or order shall be deemed as properly served upon owner or agent when a copy thereof has been sent by certified mail to his or her last known address.
(B) Any person affected by any notice issued under this chapter or resulting regulations, may request and shall be granted a hearing on the matter before the City Council, acting as a Board of Appeals. The person shall file with the Building Inspector a written request for the hearing, setting forth briefly the grounds for the request, within ten days after the day notice was served. The filing of the request shall stay the notice of suspension of permits, except in cases of orders issued under division (E) below. The hearing shall be held at the next City Council meeting for which the agenda has not been completed, or at a later meeting if so requested by the petitioner, should the Building Inspector determine that sufficient cause for the delay exists.
(C) After the hearing, the Health Official or Building Inspector shall compile the findings of the City Council as to compliance with this chapter and pursuant regulations, and shall issue an order, in writing, sustaining, modifying or withdrawing the prior notice which shall be served as provided in division (D) below. Upon failure to comply with the order, the permit of the park shall be revoked.
(D) Any person aggrieved by the decision of the City Council may seek relief in District Court.
(E) Whenever the Health Official or Building Inspector finds that an emergency exists which requires immediate action to protect the public health, he or she may, without notice or hearing, issue an order reciting the existence of an emergency and requiring that the action be taken as he or she may deem necessary to meet the emergency, including the suspension of the permit. Notwithstanding any other provisions of this chapter, the order shall be effective immediately. Any person to whom an order is directed, shall comply therewith immediately, but upon petition to the City Council, shall be afforded a hearing at the next regular meeting, even if the agenda has been completed. The provisions of divisions (C) and (D) above shall be applicable to the hearing and the order issued thereafter.
(2002 Code, § 151.22) Penalty, see § 10.99