Code of Ordinances

(A) Hear­ings Before the Health Admin­is­tra­tor.  Any Pri­vate Sewage Instal­la­tion and/or Pump­ing Con­trac­tor or per­son affect­ed by any order or notice issued by the Health Depart­ment in con­nec­tion with the enforce­ment of any sec­tion of these reg­u­la­tions, may file in the office of the Health Depart­ment a writ­ten request for a hear­ing before the Admin­is­tra­tor.  The Admin­is­tra­tor shall hold a hear­ing at a time and place des­ig­nat­ed by him/her with­in thir­ty (30) days from the date on which the hear­ing is to be held.  If, as a result of the hear­ing, the Admin­is­tra­tor 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 and sub­stan­tial jus­tice done by vary­ing or with­draw­ing the order or notice, the Admin­is­tra­tor may mod­i­fy or with­draw the order or notice and as a con­di­tion for such action may, where he/she deems it nec­es­sary, make require­ments which are addi­tion­al to those pre­scribed in these reg­u­la­tions for the pur­pose of prop­er­ly pro­tect­ing the pub­lic health.  The Admin­is­tra­tor 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 as a mat­ter of pub­lic record.  Any per­son aggriev­ed by the deci­sion of the Admin­is­tra­tor may seek relief there­from through a hear­ing before the Board of Health.

(B) Hear­ing Before the Board of Health.  Any Pri­vate Sewage Instal­la­tion and/or Pump­ing Con­trac­tor or per­son affect­ed by the deci­sion of the Admin­is­tra­tor 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 before the Board of Health at a time and place des­ig­nat­ed by the sec­re­tary of the Board of Health with­in thir­ty (30) days of the date on which the writ­ten request was filed.  For the pur­pose of this Sec­tion the Board of Health shall mean a sim­ple major­i­ty of the South­ern Sev­en Board of Health.  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 Admin­is­tra­tor 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 these reg­u­la­tions, all for the pur­pose of 
prop­er­ly pro­tect­ing the pub­lic health.  The Board of Health shall ren­der 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 by cer­ti­fied mail.