A. Notices: Whenever the Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of Divisions 1, 2, 3, 4 and 5 of this chapter or any rule or regulation adopted pursuant thereto, he/she shall give notice of such alleged violation to the person or persons responsible therefore, as hereinafter provided. No notice or hearing as provided by this Section is required or a necessary precedent to the filing of any legal action to require compliance with the County Health Ordinance or the filing of any legal proceeding, civil or criminal.

Hearing Granted Upon Request: Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Division, or any rule or regulation adopted pursuant thereto as provided in this Division, may request and shall be granted a hearing on the matter before the Department Administrator. Such person shall file with the Department a written petition requesting such hearing and setting forth a brief statement of the grounds thereof within ten (10) days after the notice was served.

Department Administrator Duties for Hearing: Upon receipt of such petition, the Department Administrator 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hearing, the petitioner shall be given an opportunity to be heard, and to show why such notice should be modified or withdrawn; provided, that upon application of the petitioner, the Health Officer may postpone the date of the hearing for a reasonable time beyond such ten (10) day period, if in his/her judgment the petitioner has submitted a good and sufficient reason for such postponement.

Notice Becomes Order: Any notice served pursuant to this Section shall automatically become an order if a written petition for a hearing is not filed at the Department within ten (10) days after such notice is served.

Proceedings Public Record: The proceedings of such hearing, including the findings and decision of the department Administrator, shall be summarized, reduced to writing, and entered as a matter of public record at the Department. Such record shall also include a copy of every notice or order issued in connection with the matter.

Emergency Orders: Whenever the Health Officer finds an emergency exists which requires immediate action to protect the public health, he/she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring such action be taken as deemed necessary to meet the emergency. Notwithstanding the other provisions of this Division, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the Department Administrator, shall be afforded a hearing as soon as possible. After such hearing, depending upon his/her findings as to whether the provisions of this Division and of the rules and regulations adopted pursuant thereto have been complied with, the Department Administrator shall continue such order in effect, or modify it or revoke it. (11-16-1999)

Penalties: Any person who shall violate or refuse to obey any provision of Division 1, 2, 3 or 4 of this chapter shall, upon conviction, be fined not exceeding five hundred dollars ($500.00) for each offense, in the discretion of the court. Each day a violation continues shall constitute a separate offense. (11-16-1999)

Division 2 - Nuisances