CHAPTER 10-400. NOISE AND EXCESSIVE VIBRATION
§10-409. Orders. [58.5]
(1) Except as otherwise provided, and subject to the provisions of the
Charter, whenever the Department of Public Health determines the existence of a
violation of this Chapter, or any regulations adopted hereunder, the Department
may, in addition to any other remedy available at law or equity, enter an order
against the person or persons responsible for the violations requiring such
action or forbearance from action as the Department determined necessary to
correct the violation.
(2) All such orders shall be in writing and shall
be served on the person from which action, forbearance, or compliance is
required, except that where the Department of Public Health finds willfulness or
a menace to public health requiring immediate corrective action, such orders may
be oral in the first instance.
(3) Any person to whom such an order is
directed or from whom any action, forbearance or compliance is in any way
required shall comply with such order within such period of time as the
Department of Public Health may therein prescribe.
(4) While an appeal
from an order, as hereunder provided, is pending, compliance with such order
shall not be required unless the Department of Public Health finds, and
certifies in writing in such order, that immediate compliance is necessary to
protect the public health. The pendency of an appeal from any order shall not
operate to bar or stay proceedings in any court for the imposition of a penalty
under § 10-405(2)(b) to prevent, restrain or abate violation of the
provisions of the order where the order contains a certification that immediate
compliance is necessary to protect the public health.
(5) Any person who
is aggrieved by an order directed to him or requiring any action, forbearance or
compliance from him may request and receive a prompt administrative hearing
before the Health Commissioner, or any representative specifically designated by
him, provided that such request for hearing is made in writing within 5 days
from the receipt of such order.