A. Notification. Whenever the Building Official or Health Officer determines that violations of pertinent regulations exist, he shall notify the 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 effect compliance with provisions of this chapter and other pertinent regulations;
4. Allow a reasonable time, not to exceed ninety (90) days, for the performance of any act it requires; and
5. Be served upon the owner or his 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 last known address.
B. Hearing. Any person affected by any notice issued under this section or resulting regulation may request and shall be granted a hearing on the matter before the City Council, acting as a board of appeals. Such person shall file with the Building Official a written request for such hearing, setting forth briefly the grounds for such request within ten (10) days after the notice was served. The filing of such request shall stay the notice of suspension of permits, except in cases of orders issued under subsection (C) of this section. 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 Official determine that sufficient cause for such delay exists.
C. Action upon findings. After the hearing, the Building Official or Health Officer shall compile the findings of the City Council as to compliance with this chapter and pertinent regulations and shall issue an order in writing sustaining, modifying, or withdrawing the prior notice which shall be served as provided in this section. Upon failure to comply with such order, the permit of the park shall be revoked.
D. Relief from finding of Council. Any person aggrieved by the decision of the City Council may seek relief in the district court.
E. Emergencies. Whenever the Building Official or Health Officer 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 may deem necessary to meet the emergency, including the suspension of the permit. Notwithstanding any other provisions of this chapter, such order shall be effective immediately. Any person to whom such 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 subsections (C) and (D) of this section shall be applicable to such hearing and the order issued thereafter.
(Code 1991, § 5-1108)