(A) Right of appeal. When a public health nuisance is declared, an owner and/or an occupant of the affected property may appeal the declaration, including an order for abatement or remediation from the Health Authority, by filing a written request with the Health Authority for an administrative hearing within ten calendar days of the date of service, exclusive of the day of service, of notice under §§ 93.25(A) or 93.44 of this chapter, exclusive of the day of service. In the event of an unknown or absent property owner, the appeal must be requested within ten calendar days of the day of posting of the notice under § 93.25(B) of this chapter.
(B) Administrative hearing. If any owner or occupant makes a written request to the Health Authority for an administrative hearing, such hearing shall be held before the Health Authority Division Manager or his or her designee.
(C) Schedule. The hearing shall be held no later than 15 calendar days after the date of service of the request for a hearing was received unless the appellant requests an extension of time. If an extension is requested, the hearing shall be held no later than 30 calendar days after the date of service of the request for a hearing.
(D) Notice. The Health Authority shall mail a notice of the time and place of the hearing at least ten calendar days prior to the hearing.
(E) Witnesses and evidence. All parties shall have full opportunity to respond to and present evidence and witnesses.
(F) Standard of proof. The appellant shall have the burden of proving its position by clear and convincing evidence.
(G) Rules of evidence. Hearings shall be informal and the rules of evidence as applied in the courts shall not apply. Irrelevant, immaterial and repetitious evidence shall be excluded.
(H) Record of hearing. The hearing shall be taped or videotaped.
(I) Notice of decision. The decision of the Health Authority Division Manager shall be issued within ten calendar days following the administrative hearing. Unless otherwise provided by law, the decision of the Health Authority shall constitute the final decision unless the County Board of Commissioners modifies or rejects it as provided in division (J) below.
(J) Human Services Board review. Each party adversely affected may submit written exceptions and arguments to the Human Services Board within ten calendar days of the service of the decision Health Authority Director. The Human Services Board shall consider the decision of the Health Authority at the next possible Board meeting and may adopt or modify the decision, reject the decision or remand for further hearing.
(K) Further appellate rights. Any party aggrieved by a final decision is entitled to judicial review of the decision. A petition for a writ of certiorari by the party must be filed with the Court of Appeals not more than 30 calendar days after the party receives the final decision from the County Board of Commissioners.
(Ord. 11-06, passed 11-29-2011)