§3-305. Orders.
(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 Title, any regulations adopted hereunder,
or the provisions of any license or permit issued 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 determines necessary to
correct the violation.
[19] (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 hereafter 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 § 3-103 of this Title, nor shall such appeal
bar any proceeding at law or equity under § 3-301(3)(c) 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.
[20] (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.