Article V — ENFORCEMENT

The health officer is authorized to make and publish regulations to make more detailed or specific the provisions of this chapter. Such regulations shall become effective two (2) weeks after filing with the clerk of the city council and posting in the county health department. The health officer shall be responsible for the execution of the provisions of this chapter.

(Ord. 46, 19670

Any installation made or condition existing in violation of this chapter or of standards or regulations established as provided in this chapter, is declared to constitute a public nuisance, and its maintenance, operation and existence may be abated in a civil action.

(Ord. 46, 1967)

Where the health officer himself, or one of his medical deputies, makes a written finding that the public health is endangered by some act, omission, or condition regulated under this chapter, in connection with any premises or operation licensed under this chapter, he may order the immediate cessation of such act, or abatement of such condition, or action to correct such condition, and may order the temporary emergency suspension of the permit applicable thereto and its removal from said person or premises and may post notice of such action in a conspicuous place. Such emergency suspension is in addition to and not limited by nor in derogation of any other authority or power which the health officer may have. Such emergency suspension, as distinct from any other action authorized by law, is effective for a period of five (5) days including the first day upon which the permit is suspended. Any activity during that period which is regulated by this chapter is unlawful. At the end of that period, or sooner, if a similar finding is made that the public health is no longer endangered, the permit becomes valid again, unless a hearing is ordered pursuant hereto.

(Ord. 46, 1967)

Where a written complaint is filed with the health officer, that some applicable law or regulation is being violated by any person, premises or operation required to be licensed under this chapter, he may order a hearing, and after hearing may suspend the permit for not more than ninety (90) days, or until he is assured of compliance with the applicable laws or regulations, whichever is less, and may post notice of such action in a conspicuous place. At the end of said period, or when the health officer is satisfied of compliance, the permit becomes valid again. Any activity during that period which is regulated by this chapter is unlawful.

(Ord. 46, 1967)

A permit may be revoked and confiscated where it has been suspended once and where violations of this chapter or other applicable laws or regulations, or act or omissions, endangering the public health continue, or where the health officer himself or one of his medical deputies makes a written finding that correction of the situation is impracticable and that the public health is endangered thereby, and the health officer may post notice of such action in a conspicuous place.

(Ord. 46, 1967)

In the case of hearing under Section 13.04.340, notice must be written and delivered to the person involved or in charge of the premises or operation at least forty-eight (48) hours before the hearing. Other hearings must be preceded by written notice, personally delivered or mailed, to the person to whom the permit was issued at the latest address on file with the health officer not less than five (5) nor more than fifteen (15) days prior to the hearing date. The hearings shall be in the main office of the county health department, unless some other location is specified in the notice. The hearings shall be conducted by the health officer himself or one of his medical deputies. Hearings may not be continued or postponed for longer than ten (10) days from the original date without the consent of the permittee.

(Ord. 46, 1967)

Appeals may be taken from the results of any hearing to the Clayton city council, by a written notice of appeal stating fully the matters or action appealed from and the grounds for the appeal, which must be filed with the clerk of the city council within fifteen (15) days of the action appealed from.

(Ord. 46, 1967)

A schedule of permit, appeal and other fees relating to compliance with and enforcement of this chapter may be recommended by the health officer and established and adopted by the city council from time to time by resolution.

(Ord. 46, 1967)

Any act or omission violating the terms of this chapter or regulations issued pursuant hereto is a misdemeanor, and constitutes a separate offense for every day it continues, and shall be punished as such whether or not it may also be a nuisance or otherwise the subject of a civil action.

(Ord. 46, 1967)