§ 26-26. Notices, hearings and orders.

(a)

Notice of violations; requirements of notice. Whenever it is determined that there are grounds to believe that there has been a violation of any provision of this article, the city inspector shall give notice of such alleged violation to the licensee or agent, as hereinafter provided. Such notice shall:

(1)

Be in writing;

(2)

Include a statement of the reasons for its issuance;

(3)

Allow a reasonable time for the performance of the act it requires;

(4)

Be served upon the licensee or his agent, provided that such notice or order shall be deemed to have been properly served upon such licensee or agent when a copy thereof has been sent by mail to his last known address, or when he has been served with such notice by any method authorized or required by the laws of this state; and

(5)

Contain an outline of remedial action which, it taken, will effect compliance with the provisions of this article.

(b)

Appeal from denial of permit by the city secretary. Any person accepted by the refusal of the city secretary to issue a permit under the provisions of this article as set out in section 26-23, may request and shall be granted a hearing on the matter before the city council, provided that such person shall file within ten days after the day the permit was refused, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. Upon receipt of such petition, the city secretary shall request the city council to 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hearing, the petitioner shall be given an opportunity to be heard and to show why such refusal should be modified or withdrawn.

(c)

Appeal from notice issued by the city inspector. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article applicable to such park, may request and shall be granted a hearing on the matter before the city council, provided that such person shall file within ten days after the day the notice was served, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension, except in the case of an order issued under subsection (e) of this section. Upon receipt of such petition, the city secretary shall request the city council to 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.

(d)

Hearing order. After such hearing, the city secretary shall issue an order in writing sustaining, modifying or withdrawing the refusal, which order shall be served as provided in subsection (a)(4) of this section. Upon failure to comply with an order sustaining or modifying a decision thereof, the occupancy permit and the license of the park affected by the order shall be revoked.

(e)

Order without notice. Whenever the city inspector finds that an emergency exists which requires immediate action to protect the public health or safety, he may without notice or hearing issue an order reciting the existence of such an emergency and requiring that action be taken as he may deem necessary to meet the emergency. Notwithstanding any other provisions of this article, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but shall be afforded a hearing as soon as possible. The provisions of subsection (d) of this section shall be applicable to such hearing and the order issued thereafter.

(Code 1994, § 4.605)