§ 154.162  HEARING ON ALLEGED VIOLATION; RESULT OF HEARING.
   (A)   Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this chapter may request and shall be granted a hearing on the matter before the Director of Health; provided that, the person shall file in the office of the Director of Health a written petition requesting the hearing and setting forth a brief statement of the grounds therefor, within 15 days after the day that notice was served. Upon receipt of the petition, the Director of Health shall set a time and place for the hearing, and shall mail the petitioner written notice thereof at least ten days prior to the hearing. At the hearing, the petitioner shall be given an opportunity to be heard and to show why the notice should be modified or withdrawn. The hearing shall be commenced not later than 30 days after the day on which the petition was filed; provided that, upon application of the petitioner, the Director of Health may postpone the date of the hearing for a reasonable time beyond the 30-day period, if, in his judgment, the petitioner has submitted good and sufficient reason for the postponement.
   (B)   After the hearing the Director of Health shall sustain, modify or withdraw the notice, depending upon his finding as to whether the provisions of this chapter have been complied with. If the Director of Health finds that strict compliance with the notice would result in difficulty or unreasonable hardship, he may, with the concurrence of the Board of Health, modify or withdraw the notice; or also grant an extension or variance in accordance with the following conditions:
      (1)   The time for performance of any act required by the notice may be extended for not more than 18 months subject to appropriate conditions and where the Director of Health makes specific findings of fact based on evidence relating to the particular case;
      (2)   There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of any provision of this chapter; and
      (3)   The extension is in harmony with the general purpose and intent of this chapter in securing the public health, safety and general welfare.
   (C)   A variance may be granted in a specific case and from a specific provision of this chapter subject to appropriate conditions and where the Director of Health makes specific findings of fact based on evidence relating to the particular case:
      (1)   There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions;
      (2)   The effect of the application of the provisions would be arbitrary in the specific case;
      (3)   An extension would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships and this arbitrary effect; and
      (4)   The variance is in harmony with the general purpose and intent of this chapter in securing the public health, safety and general welfare.
(1967 Code, §§ 9-4, 9-5)