1744.06 PRE-LICENSURE ACTIVITY, LICENSE SUSPENSION, REVOCATION AND DENIAL.
(a) The license of a group home may be non-issued, suspended, revoked or denied by the Board of Health or its authorized agent if such facility violates any or all of the minimum standards set forth in this chapter.
(b) The Health Commissioner, having inspected the home or caused it to be inspected, or upon inspection by any City agent authorized to inspect, shall have the power to notify license holders of possible nonissuance, impending revocation or denial.
(c) The Health Commissioner or authorized designee shall send by certified mail to the licensee a notice listing all specific violations of this chapter. The Health Commissioner or authorized designee will concurrently send the same notice to the operator at the address of the licensed premises.
(d) If certified mail notice(s) are returned unclaimed, notification to either the license holder or the operator at the address of the licensed premises by regular United States mail will be deemed sufficient.
(e) Within ten days of actual receipt by certified mail or seventeen days after notice is sent by regular United States mail, the license holder or authorized designee must appear before the Youngstown Board of Health to present reasons why such license should be non-issued, suspended, revoked or denied. Should the ten day period for registered mail or the seventeen day period for regular United States mail fall on Saturday, Sunday or holiday, the hearing will be held on the next regular working day which is not a Saturday, Sunday or holiday. Any license holder who fails to appear at this hearing shall waive such hearing and license shall be automatically revoked as of the date of the hearing.
(f) The Board of Health may decide immediately to non-issue to the applicant, revoke, not revoke, deny or temporarily suspend the license holder's license. If no decision is rendered immediately, such decision will be rendered in writing, not later than five working days after the hearing. Any decision by the Board of Health to non-issue, revoke, suspend or deny the license will take effect immediately upon the signing of the order.
(g) Within ten days after the decision is rendered by the Board of Health, the license holder may file an appeal of such decision, in writing, with the Mahoning County Court of Common Pleas, pursuant to Ohio R.C. Chapter 2506. A hearing will be scheduled by the Mahoning County Court of Common Pleas, at which time the license holder and the City shall present any evidence relevant to the specific charged violations. Until a final decision has been rendered by the Mahoning County Court of Common Pleas, the license holder may continue to operate the facility. If the Court affirms the decision of the Board of Health, such license shall be considered immediately surrendered to the Board of Health.
(Ord. 98-88. Passed 3-4-98.)