TITLE 10. REGULATION OF INDIVIDUALCONDUCT AND ACTIVITY
CHAPTER 10-400. NOISE AND EXCESSIVE VIBRATION
§10-408. 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 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.