Code of Ordinances

Any per­son aggriev­ed by the deci­sion of the Health Author­i­ty ren­dered as the result of a hear­ing held in accor­dance with this Sec­tion may file in the office of the Health Depart­ment a writ­ten request for a hear­ing at a time and place des­ig­nat­ed by the Sec­re­tary of the Board of Health with­in thir­ty (30) days of the date of 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 (5) days pri­or to the date on which the hear­ing is to be held.  If, as a result of facts elicit­ed as a result of the hear­ing, the Board of Health finds that strict com­pli­ance with the deci­sion of the Health Author­i­ty would cause undue hard­ship on the peti­tion­er, and that the pub­lic health would be ade­quate­ly pro­tect­ed and sub­stan­tial jus­tice done by grant­i­ng a vari­ance from the deci­sion of the Admin­is­tra­tor or Act­ing Admin­is­tra­tor, the Board of Health may grant a vari­ance and as

a con­di­tion for such vari­ance, may, where it deems nec­es­sary, make require­ments which are addi­tion­al to those pre­scribed by this Code, all for the pur­pose of prop­er­ly pro­tect­ing the pub­lic health.  The Board of Health shall ren­der a deci­sion with­in ten (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 and a copy there­of shall be served on the peti­tion­er per­son­al­ly or by deliv­ery to the peti­tion­er per­son­al­ly or by deliv­ery to the peti­tion­er by cer­ti­fied mail.