(A) All hearings required under this or any other section, shall be open to the public and held with sufficient written notice to the permittee of time, place, and nature thereof to enable the operator to appear and participate in the hearing.
(B) At any hearing required under this chapter, the Hearing Officer shall be the Health Officer or the Health Officer’s designee. Every person who is a party to such proceedings shall have the right to submit evidence, to cross-examine witnesses and to be represented by legal counsel as arranged by the pool or spa permittee or operator. All such hearings shall be conducted in an informal manner, but irrelevant, immaterial or unduly repetitive evidence may be excluded.
(C) Within a reasonable time after such hearing, the Health Officer or the Health Officer’s designee shall enter a final order, subject to the right of appeal to a Court having jurisdiction of the parties and of the subject matter of the appeal.
(D) To exercise the right of appeal, a party to the final order must file a petition for relief from the order with the Circuit or a Superior Court of Tippecanoe County no later than as required by law or 60 days from the date of the health officer’s final order, whichever is less.
(E) If a pool or spa permit is revoked, subject to any court order, no pool or spa permit will be issued, with respect to the pool or spa that was the subject of the permit, until after one year from the date of the permit revocation in the case of annual pools and for one month in the case of seasonal pools (a mandatory continuing closure period); provided that, if the pool or spa permittee or operator can show through plan review a significant change of circumstances incidental to the maintenance, repair, or replacement of the pool or spa facilities or equipment or other relevant circumstances associated with the operation of the pool or spa (hat the reasons for a permit revocation would be unlikely to re-occur, the Health Officer, in their discretion, may waive mandatory continuing closure of the pool or spa and may issue a new permit.
(Ord. 2018-16-CM, passed 9-17-18)