A. Any operator whose application for a certificate of inspection has been denied may request and shall be granted a hearing before the Board of Commissioners as herein provided.
B. Whenever the Board of Health, the Health Officer, or the duly authorized representative of either, determines that there are reasonable grounds to believe that there has been a violation of any provisions of this chapter or of any regulation adopted pursuant thereto, notice of such alleged violation shall be given to the person or persons responsible therefor, as hereinafter provided.
(1) Such notices shall:
(a) Be put in writing.
(b) Include a statement of the reasons why it is being issued.
(c) Allow a reasonable time for the performance of any act it requires.
(d) Be served upon the holder of a license issued under this chapter or upon the owner or his agent or the occupant of any premises, provided that such notice shall be deemed to have been properly served when a copy thereof has been served personally or in accordance with any other method authorized or required under the laws of this commonwealth.
(2) Such notice may:
(a) Contain an outline of remedial action, which, if taken, will effect compliance with the provisions of this chapter.
(b) State that unless conditions or practices described in such notice which violate this chapter are corrected within the reasonable time specified in such notice, a license which has been issued pursuant to this chapter may be suspended or revoked.
C. Any person who is affected by any notice which has been issued in connection with the enforcement of any provisions of this chapter or of any regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Board of Commissioners, provided that such person shall file, in the offices of the Township, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition, the Board of Commissioners 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. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Board of Commissioners may postpone the date of the hearing for a reasonable time beyond such ten-day period when, in its judgment, the petitioner has submitted a good and sufficient reason for such postponement.
D. After such hearing, the Board of Commissioners shall sustain, modify or withdraw the notice, depending upon its finding based on such hearing as to whether or not the provisions of this chapter and of the regulations adopted pursuant thereto have been complied with. If the Board of Commissioners sustains or modifies such notice,' it shall be deemed to be an order. Any notice shall automatically become an order if a written petition for a hearing has not been filed in the office of the Township Secretary within 10 days after such notice was served. In the case of any notice which states that the license required by this chapter may be suspended or revoked, the Board of Health may suspend or revoke such license if an order is issued and corrective action has not been taken within the time specified in the notice.
E. The proceedings at such hearing, including the findings and decision of the Board of Commissioners, shall be summarized, put into writing and entered as a matter of public record in the offices of the Township. Such record shall include, also, a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Board of Commissioners may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this commonwealth.
F. Notwithstanding any other provision herein, whenever the Board of Health or the Health Officer finds that an emergency exists involving a serious health hazard which requires immediate action to protect the public health, it may, without notice or hearing, issue a written order citing the existence of such an emergency and the conditions violating this chapter or regulations adopted pursuant thereto which require corrective action to remove such health hazard. If such corrective action has not been taken, the Board of Health may take such action as may be necessary to protect the public health, including complete shutdown. Notwithstanding other provisions of this chapter, such order shall be effective immediately, but, upon petition to the Board of Commissioners, shall be afforded a hearing as soon as possible, but in any case not later than five days after the petition was filed. After such hearing, depending upon its finding as to whether or not the provisions of this chapter and of the regulations adopted pursuant thereto have been complied with, the Board of Health shall continue such order in effect or modify it or revoke it.