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(a) Upon a determination by the Director that any Overdose Prevention Program is operating without a valid, effective, and current permit required by this Article 46, the Director may issue an Order to Cease Operations Without Permit, which shall be posted prominently on the premises where an Overdose Prevention Program is operated, and mailed to the Person and/or Persons operating said program. Such Order shall state:
(1) That the Overdose Prevention Program has 24 hours from the time of posting to demonstrate to the Director’s satisfaction that the program is operating under a valid, effective, and current permit;
(2) If the Overdose Prevention Program has not made such demonstration within 24 hours of the time of posting, that the program must immediately cease operations until such time as it demonstrates to the Director’s satisfaction that it is operating under a valid, effective, and current permit; and
(3) If the Overdose Prevention Program fails to cease operations as required by this subsection (a), that the Director shall issue an Immediate Closure Order directing the closure of the Premises where the program has been operating or the portion of the Premises the Director determines should be closed.
(b) As set forth in subsection (b) of Section 4613, an Overdose Prevention Program whose permit has been suspended or revoked must cease operations within 24 hours of the suspension or revocation order being final. The Director is not required to issue an Order to Cease Operations without a Permit to an Overdose Prevention Program whose permit is the subject of a final order of suspension or revocation.
(c) The Director may issue an Immediate Closure Order ordering closure of an Overdose Prevention Program under the following circumstances:
(1) If, by 72 hours after the issuance of an Order to Cease Operations Without Permit, the Overdose Prevention Program has not demonstrated to the Director’s satisfaction that the program has the required permit, and the program nevertheless continues to operate;
(2) If, by 24 hours after the suspension or revocation of an Overdose Prevention Program permit becomes final, the program continues to operate;
(3) Without delay, after issuance of a summary suspension.
(d) It is the duty of any person responsible for managing or otherwise operating an Overdose Prevention Program, or owning the business under which the program operates, or owning the real property where the program operates, to obey all orders issued under this Section 4614. To enforce an Immediate Closure Order, the Director shall take such steps as the Director views as necessary and appropriate to enforce said order, including but not limited to securing and barricading the premises where the program has been operating. The Director is hereby authorized to call upon the Police Department and other departments and bureaus to aid and assist the Director in such enforcement, and it shall then be their duty to enforce the provisions of this Article 46 and to perform such duties as may come within their respective jurisdictions.
(Added by Ord. 105-20, File No. 200243, App. 7/10/2020, Eff. 8/10/2020)