(A) Whenever the Mayor determines that there is reasonable ground to believe that there has been a violation of any provision of this subchapter, the Mayor shall give notice of such alleged violation to the person to whom the permit or license was issued, as hereinafter provided. Such notice shall:
(1) Be in writing;
(2) Include a statement of the reason for its issuance;
(3) Allow a reasonable time for the performance of any act it requires;
(4) Be served upon the owner or his or her agent as the case may require; provided, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been sent by registered mail to his or her last known address, or when he or she has been served with such notice by any method authorized or required by the laws of this state; and
(5) Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this subchapter.
(B) Any person affected by any notice which has been issued in connection with the enforcement of any provision of this subchapter may request and shall be granted a hearing on the matter before the Board of Aldermen; provided, that such person file 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 is served. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension, except in the case of an order issued under division (E) below. 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hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.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; provided, that upon application of the petitioner, the Mayor may postpone the date of the hearing for a reasonable time beyond such ten-day period when in his or her judgment the petitioner has submitted good and sufficient reasons for such postponement.
(C) After such hearing, the Board of Aldermen shall make finding as to compliance with the provisions of this subchapter and shall issue an order in writing sustaining, modifying, or withdrawing the notice, which shall be served as provided in division (A) above. Upon failure to comply with any order sustaining or modifying a notice, the license of the mobile home park affected by the order shall be revoked.
(D) The proceedings at such a hearing, including the findings and decision of the Board of Aldermen, and together with a copy of every notice and order related thereto, shall be entered as a matter of public record in the office of the Board of Aldermen but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this section. Any person aggrieved by the decision of the Board of Aldermen may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
(E) Whenever the Mayor 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 such an emergency and requiring that such action be taken as he or she may deem necessary to meet the emergency, including the suspension of the permit or license. Notwithstanding any other provisions of this subchapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but, upon petition to the Mayor, shall be afforded a hearing as soon as possible. The provisions of divisions (A) and (D) above shall be applicable to such hearing and the order issued thereafter.
(Prior Code, § 510.070) (Ord. 192, passed 12-15-1977)