(a) Whenever the Health Officer determines that there are reasonable grounds to believe that there has been a violation of any of the provisions of this chapter or of any rule or regulation adopted pursuant thereto, he or she shall give notice of such alleged violation to the person responsible therefor as hereinafter provided. Such notice shall:
(1) Be in writing;
(2) Include a statement of the reasons why it is being issued;
(3) Allow a reasonable time for the performance of any act it requires; and
(4) Be served upon the owner, his or her agent or occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner, agent or occupant, if a copy thereof is served upon him or her personally; if a copy thereof is sent by registered mail to his or her last known address; if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice; or if he or she is served with such notice by any other method authorized or required under the laws of the State.
Such notice may contain an outline of remedial action which, if taken, will effect compliance with this chapter and with rules and regulations adopted pursuant hereto.
(b) Any person affected by any such notice may request and shall be granted a hearing on the matter before the Board of Health, provided that such person files, in the office of the Health Officer, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the day the notice was served. Upon receipt of such petition, the Board 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such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.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 Board may postpone the date of the hearing for a reasonable time beyond such ten-day period, if, in its judgment, the petitioner has submitted a good and sufficient reason for such postponement.
(c) After such hearing, the Board shall instruct the Health Officer to sustain, modify or withdraw the notice, depending upon its findings as to whether or not this chapter and the rules and regulations adopted pursuant hereto have been complied with. If the Health Officer sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to subsection (a) hereof shall automatically become an order if a written petition for a hearing is not filed in the office of the Health Officer within ten days after such notice is served. After a hearing in the case of any notice suspending any permit required by this chapter or by any rule or regulation adopted pursuant hereto, when such notice has been sustained by the Board, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for a hearing is not filed in the office of the Health Officer within ten days after such notice is served.
(d) The proceedings at such hearing, including the findings and decision of the Board, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Health Officer. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Board may seek relief by submitting, within thirty days after such decision of the Board, an appeal to the County Court of Common Pleas by petition duly verified, setting forth that such decision is arbitrary, capricious or otherwise not in accordance with law and specifying the grounds upon which he or she relies.
(e) Whenever the Health Officer 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 deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Board, shall be afforded a hearing as soon as possible. After such hearing, depending upon the finding as to whether or not this chapter and the rules and regulations adopted pursuant hereto have been complied with, the Health Officer shall continue such order in effect, modify it or revoke it, in accordance with the decision of the Board.
(Ord. 18-87. Passed 11-24-87.)