(A) Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter or of any rule or regulation adopted pursuant to it may request and shall be granted a hearing on the matter before the Health Officer.
(1) The person desiring a hearing shall file in the office of the Health Officer a written petition requesting the hearing and setting forth a brief statement of the grounds therefor within ten days after the day the notice of violation was served.
(2) Upon receipt of the petition, the Health Officer shall set a time and place for the hearing and shall give the petitioner written notice thereof.
(3) At the hearing, the petitioner shall be given an opportunity to be heard and to show why the notice should be modified or withdrawn.
(B) The hearing authorized by division (A) above shall begin not later than ten days after the day on which the petition was filed. However, upon application of the petitioner, the Health Officer may postpone the date of the hearing for a reasonable time beyond the ten-day period if, in his or her judgement, the petitioner has submitted a good and sufficient reason for the postponement.
(C) The proceedings at the hearing held pursuant to division (A) above, including the findings and decision of the Health Officer, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Health Officer. The record also shall include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Health Officer may seek relief therefrom in any court of competent jurisdiction, as provided by state law.
(D) After a hearing held pursuant to this section, the Health Officer shall sustain, modify or withdraw the notice of violation, depending on his or her finding as to whether the provisions of this chapter and the rules and regulations adopted pursuant to it have been complied with. If the Health Officer sustains or modifies the notice, it shall be deemed an order.
(E) Any notice of violation served pursuant to this chapter automatically shall become an order if a written petition for a hearing is not filed in the office of the Health Officer within ten days after the notice is served.
(F) After a hearing pursuant to this section, in the case of any notice suspending any permit required by this chapter or by any rule or regulation adopted pursuant to it, when the notice has been sustained by the Health Officer, the permit shall be deemed to have been revoked. Any such permit which as been suspended by a notice shall be deemed automatically revoked if a petition for a hearing is not filed in the office of the Health Officer within ten days after the notice is served.
('74 Code, § 13-17) (Ord. 780, passed 8-1-67) Penalty, see § 153.99