Any person affected by an order or notice issued by the health
authority in connection with the enforcement of any section of this
chapter may file, in the office of the Health Department, a written
request for a hearing before the health officer. The health officer
shall hold a hearing at a time and place designated by him/her 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. The regular return receipt for certified
mail is sufficient proof of service. Failure of the petitioner to
appear for the scheduled hearing, for other than good cause, shall
constitute a permanent waiver of his/her right to said hearing on
the same issue. If the health officer 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 by varying
or withdrawing the order or notice, the health officer may modify
or withdraw the order or notice. As a condition for such action, the
health officer may make requirements which are additional to those
mandated by this chapter for the purpose of properly protecting the
public health. The health officer shall render a decision within 10
days after the date of the hearing, which shall be reduced to writing
and placed on file in the office of the Health Department as a matter
of public record. The decision shall specify how the additional requirements,
if any, will adequately protect the public health.
Any person aggrieved by the decision of the health officer rendered
as the result of a hearing held in accordance with the above section
may file a request for a hearing before the Board of Health in the
office of the health authority. Within 30 days of the date on which
said written request was filed, the President of the Board of Health
shall designate a time and place for said hearing. The petitioner
requesting the hearing shall be notified of time and place of the
hearing not less than five days prior to the date on which the hearing
is to be held. The notification shall be by either personal delivery
to the petitioner or by certified mail, return receipt requested.
The regular return receipt for certified mail is sufficient proof
of service. Failure of the petitioner to appear for the scheduled
hearing, for other than good cause, shall constitute a permanent waiver
of his/her right to said hearing on the same issue. If the Board of
Health finds that strict compliance with the decision of the health
officer would cause an undue hardship to the petitioner, and that
the public health would be adequately protected by granting a variance
from the decision of the health officer, the Board of Health may grant
a variance. As condition for such variance, the Board of Health may
make requirements which are additional to those prescribed by this
chapter, solely for the purpose of adequately protecting the public
health. The Board of Health shall render a written decision within
10 days after the date of the hearing and shall file said decision
in the office of the Health Department. A copy thereof shall be served
upon the petitioner personally or by delivery to the petitioner by
certified mail, return receipt requested.
