§ 15-267. Enforcement of law.

(a)

The department and the health department are responsible for enforcement of this article.

(b)

Each person required to be permitted under this article shall provide sale and rental data for separate business locations to determine compliance with this article when requested by the department.

(c)

Each person required to be permitted as a germicidal treatment provider under this article shall maintain each business location in a sanitary condition.

(d)

Each person required to be permitted as a germicidal treatment provider under this article shall allow, during normal business hours, an authorized representative or representatives of the department and/or health department to conduct an announced or unannounced inspection of their place of business for purposes of determining compliance with this article and regulations.

(e)

Each person required to be permitted under this article shall allow an authorized representative or representatives of the department and/or health department to copy records and take photographs of mattresses and premises during inspections.

(f)

City authority to deny, suspend or revoke permits.

(1)

An application for permit issuance or renewal will be denied by the director of the department if the applicant fails or refuses to provide a complete application, pay the appropriate fee, or provide requested information.

(2)

An application for permit renewal may be denied by the director of the department if the applicant has failed to make acceptable progress implementing corrective actions to comply with this article and/or to remedy previous violations of the article.

(3)

A permit may be suspended or revoked by the director of the department if the permit holder violates this article. Such decision shall be based on and supported by evidence of violation. Notice of suspension or revocation shall be sent to the last known address of the permit holder detailing a time of no more than ten (10) working days from the time of receipt to contest such action through a hearing before the director. Once notified within that time period, the director shall conduct a hearing within a reasonable time and either affirm or overrule the action taken. Should action be affirmed after the hearing, a permit holder may appeal the final decision of the director, which shall be in writing and contain the reason for the suspension or revocation. Notice of appeal must be filed with a court of proper jurisdiction within ten (10) working days of the director's final decision; otherwise, the appeal is waived. The permit shall be suspended or revoked only for the location where the violation occurred.

(Ord. No. 2015-12-03-1020 , § 3, 12-3-15)