§ 50-28. Notice and hearing procedures.

(a)

Temporary closing of establishment. If there is a serious violation of article IV of this chapter pertaining to restaurants which, in sound discretion of the director of the health department, creates a serious and immediate danger to the public health, the director may, in writing, order a restaurant establishment to close, pending a hearing, which hearing shall be held by the board of health permits within 72 hours after issuance of the order. The director's order shall provide notice to the establishment's owner of his entitlement to such a hearing and of the time and place of the hearing. It shall be unlawful for such establishment to remain open after being ordered closed unless the director rescinds the order within the 72-hour period. The board shall either uphold, modify or overrule the order of the director immediately following the hearing.

(b)

Procedure.

(1)

When the health department determines that any plant, outlet, establishment, system or other facility holding a permit issued by the health department is not maintaining the minimum standards required for the issuance of the permit, the health department shall give the operator of such establishment written notice of the violation and a reasonable time, following the receipt of such written notice, within which to correct such violation.

(2)

Should the violation continue beyond the time specified for correction by the official notice, the health department may set up a revocation hearing before the board of health permits.

(3)

Notice shall be given by certified mail to the holder of the permit at least 14 days prior to the date set for the hearing and shall include a statement of the grounds which would warrant revocation.

(4)

The board of health permits shall review the facts of the case and the grounds for revoking the permit. If the board finds that the facts substantiate the grounds for revocation, the board shall authorize revocation of the permit by the health department. A decision of the board of health permits shall be binding on the health department.

(5)

When the health department finds that immediate serious danger to the public health, safety or welfare requires emergency suspension of any permit issued by the health department, the health department may summarily suspend the permit, provided that a revocation hearing before the board shall be instituted within three days of such action or at the convenience of the holder of the permit at any time after the three-day period.

(6)

Any person whose permit has been revoked may, at any time thereafter, make application in writing for reinstatement of the permit. Upon receipt of such application, the director of the health department shall have an inspection made, and if the establishment is found to be in full compliance with all applicable health regulations, a new permit shall be issued by the director.

(7)

The procedures set forth in this subsection shall be inapplicable to proceedings governed by subsection (a) of this section.

(c)

Petition to board. Any person aggrieved by the issuance of a permit by the health department may, within 15 days of the date of such issuance, petition the board of health permits for review of such issuance, provided that the only grounds for such review shall be:

(1)

That the permittee does not qualify for the permit under established criteria; or

(2)

The health department acted in excess of or without authority in issuing the permit.

The procedures for such a review shall substantially conform to those set forth in subsections (b)(2), (3) and (4) of this section.

(Code 1970, § 11-36; Ord. No. 80-23, § 3, 9-23-80)