(A) Any person affected by an order or notice in connection with the enforcement of any provision or ordinance may request, and shall be granted, a hearing on the matter before the Board of Health; provided, that the person files a written request for hearing with the Health Officer within ten days. Written requests for hearing shall clearly state the following:
(1) The name and address of the person affected;
(2) The provisions of the ordinance in question;
(3) The reasons for requesting a hearing;
(4) The request relief; and
(5) The basis for the requested relief.
(B) A hearing requested pursuant to this section shall be conducted within 30 days of the Health Officer’s receipt of the request. The hearing shall be conducted by the Board of Health at a time and place designated by the Health Officer. Written notice of the time and place of hearing shall be delivered by certified United States Mail to the person requesting the hearing at least ten days prior to the hearing. If the person requesting the hearing so requests, the Health Officer may grant a continuance of the hearing date for a period of not more than 30 days.
(C) A tape recording shall be made of the hearing, and the cost borne by the Health Department; however, a transcript of the hearing will be made only if a person requests it and shall be transcribed at the cost of such person. The Board of Health shall make a ruling based upon the complete hearing record and shall sustain, modify, or rescind any order, suspension, revocation, or ruling challenged in the hearing. A written report of the hearing decision, including the reason(s) for such decision, shall be furnished to the affected person by the Health Officer within ten days after the hearing.
(D) (1) The Board of Health may, in its discretion, establish a Hearing Board to conduct water well hearings in the town. Any such Hearing Board would have three members. The members of the Hearing Board would include the Health Officer, one representative of the general public, appointed by the Board of Health, to serve at its pleasure, and one well driller, registered with the state, appointed by Board of Health to serve at its pleasure.
(2) In the event that a Hearing Board is established, the procedures indicated above in divisions (A) through (C) above shall apply with respect to hearings before the Hearing Board. In the event that either the Health Department or the affected person is not satisfied with the decision of the Hearing Board, either party may appeal to the Board of Health for a further hearing on the matter in accordance with, and to be conducted under, the provisions of divisions (A) through (C) above. In such an event, the Board of Health may affirm, reverse, or modify the decision of the Hearing Board.
(E) In the event the Health Officer elects to instigate prosecution and enforcement action for violation of the provisions of this subchapter with the assistance of the County Prosecutor and/or the Town Attorney in accordance with § 51.99, the hearing provisions contained within divisions (A) through (D) above shall not apply and shall not be available to the affected person.
(Ord. 98-3-1, passed - -1998)