(A) Hearings before the Health Authority. Any person affected by any order or notice issued by the Health Department in connection with any section of this chapter, may file in the office of the Health Department a written request for a hearing before the Health Authority. The Health Authority shall hold a hearing at a time and place designated within 30 days from the date on which the written request was filed. The petitioner for the hearing shall be notified of the time and place of the hearing not less than five days prior to the date on which the hearing is to be held. If as a result of the hearing, the Health Authority finds that strict compliance with the order, or notice, would cause undue hardship on the petitioner, and that the public health would be adequately protected and substantial justice done by varying or withdrawing the order or notice, the Health Authority may modify or withdraw the order or notice and as a condition for the action may, where deemed necessary, make requirements which are additional to those prescribed in this chapter for the purpose of properly protecting the public health. The Health Authority shall render a decision within ten days after the date of the hearing which shall be reduced to writing and placed in the file in the office of the Health Department as a matter of public record. Any person aggrieved by the decision of the Health Authority may seek relief there from through a hearing before the Health Director.
(B) Fee. There shall be a fee for each variance request. The fee is designated in Appendix A and must be submitted with the written variance request and shall be made payable to the County Health Fund. This fee is non-refundable.
(C) Hearings before the Health Director. Any person aggrieved by the decision of the Health Authority rendered as the result of a hearing held in accordance with this section may file in the office of the Health Department a written request for a hearing at a time and place designated by the Health Director within 30 days of the date on which the written request was filed. The petitioner for the hearing shall be notified of the time and place of the hearing not less than five days prior to the date on which the hearing is to be held. If, as a result of facts elicited as a result of the hearing, the Health Director finds that strict compliance with the decision of the Health Authority would cause undue hardship on the petitioner, and that the public health would be adequately protected and substantial justice done by granting a variance, the Health Director may grant a variance and as a condition for the variance, may, where it deems necessary, make requirements or special conditions which are additional to those prescribed by this chapter, all for the purpose of properly protecting the public health. The Health Director shall render a decision within ten days after the date of the hearing which shall be reduced to writing and placed on file in the office of the Health Department and a copy thereof shall be served on the petitioner personally or by delivery to the petitioner by certified mail. If a variance, special condition, or use of experimental/alternative system is granted, the owner may be required to record the variance or a special condition with the County Recorder’s office.
(1980 Code, § 51.13) (Res. 87-74, passed 7-16-1987; Res. 07-412, adopted 10-18-2007; Ord. 11-74, passed 2-17-2011; Ord. 14-279, passed 10-16-2014)