§ 43-37. Permit revocation.  


Latest version.
  • (a)

    A permit may be revoked for up to 180 days if:

    (1)

    The person in charge or his agents or employees fail or refuse to permit an inspection of the facility by a health officer; or

    (2)

    The department has found three or more violations of the applicable portions of this chapter or of federal or state laws, rules or regulations regarding pool safety within the preceding twelve-month period.

    (b)

    Prior to the revocation of a permit, written notice shall be provided to the operator by personal hand delivery or by certified mail, return receipt requested. The notice shall set forth:

    (1)

    The grounds on which the city will seek revocation of the permit, including the specific violations of this chapter or of federal or state laws regulating pool safety on which the city will rely in seeking revocation of the permit;

    (2)

    That a hearing will be held before a hearing officer;

    (3)

    The date, time and location of the hearing; and

    (4)

    That the operator may appear in person, may be represented by counsel and may present testimony and cross-examine all witnesses. The hearing shall be held not later than ten days after the date the permit revocation notice is received.

    (c)

    A permit revocation hearing under this section shall be held in accordance with the procedures set forth in section 43-36 of this Code.

    (d)

    If the hearing officer determines that there are grounds for revocation of the permit, the hearing officer shall make written findings of fact and shall order the revocation of the permit for a period of not more than 180 days. A copy of the findings and order of the hearing officer shall be sent by certified mail, return receipt requested, to the operator.

    (e)

    All operation of a facility shall cease immediately upon receipt of service of written notice that the permit for that facility has been revoked pursuant to subsection (d), and the health officer shall physically remove the permit from the premises.

    (f)

    Reinstatement of a permit that has been revoked shall require application and payment of a permit fee as if it were an initial application. No new permit application shall be considered for a facility where the permit has been revoked until the expiration of the revocation period.

(Ord. No. 2010-908, § 2(Exh. A), 11-17-2010, eff. 1-1-2011)