The Health Officer or authorized representative, after identification and subject to constitutional limitations, may enter at reasonable times upon private or public property for the purpose of investigating conditions relating to the administration and enforcement of this Code. The owner or occupant of the premises or the person in charge thereof shall give the Health Officer free access to all parts of the premises at all reasonable times for the purpose of investigating conditions relating to the administration and enforcement of these standards.
Whenever the Health Department determines that a violation of any provision of this Code has occurred, the Health Department shall give notice to the person responsible for such violation, unless stated elsewhere in this Code, the notice shall be in writing and shall:
(A)
Include a statement of the reasons for issuance of the notice;
(B)
Allow reasonable time as determined by the Health Department for performance of any act it requires;
(C)
Be served upon the person responsible for the violation(s); provided that such notice shall have been properly served upon the person responsible for the violations when a copy thereof has been sent by registered or certified mail to his last known address as furnished to the Health Department or when he has been served with such notice by any other method authorized by laws of the State of Illinois, and contain an outline of remedial action which is required to effect compliance with this Code.
(A)
Any person affected by any order or notice issued by the Health Department in connection with the enforcement of any Section of this Code may file in the office of the Health Officer a written request for a hearing before the Health Officer within thirty (30) days of receipt of violation notice.
(B)
Unless stated elsewhere in this Code, the Health Officer shall hold a hearing at a time and place designated by him within thirty (30) days from the date on which the written request was filed. The petitioner for the hearing shall be notified of the time and place of the hearing not less than five (5) days prior to the date on which the hearing is to be held. If, as a result of the hearing, the Health Officer finds that strict compliance with the order or notice would cause undue hardship on the petitioner, and that the public health would be adequately protected and substantial justice done by varying or withdrawing the order or notice, the Health Officer may modify or withdraw the order or notice and as a condition for such action may, where he deems it necessary, make requirements which are additional to those prescribed in this Code for the purpose of properly protecting the public health. The Health Officer shall render a decision within ten (10) days after the date of the hearing which shall be reduced to writing and placed on file in the Office of the Health Officer as a matter of public record. Any person aggrieved by the decision of the Health Officer may seek relief therefrom through a hearing before the Board of Health.
(A)
Any person aggrieved by the decision of the Health Officer rendered as the result of a hearing held in accordance with this Section may file in the Office of the Health Officer a written request for a hearing before the Board of Health within thirty (30) days of the date of the decision. At a time and place designated by the Secretary of the Board of Health, a hearing shall be held within thirty (30) days of the date on which the written request was filed. The petitioner for the hearing shall be notified of the time and place of the hearing not less than five (5) days prior to the date on which the hearing is to be held. If as a result of facts elicited as a result of the hearing the Board of Health finds that strict compliance with the decision of the Health Officer would cause undue hardship on the petitioner, and that the public health would be adequately protected and substantial justice done by granting a variance from the decision of the Health Officer, the Board of Health may grant a variance and as a condition for such variance, may, where it deems necessary, make requirements which are additional to those prescribed by this Code, all for the purpose of properly protecting the public health.
(B)
The Board of Health shall render a decision within ten (10) days after the date of the hearing which shall be reduced to writing and placed on file in the Office of the Health Officer, and a copy thereof shall be served on the petitioner personally or by delivery to the petitioner by certified mail.
(C)
A certified transcript of the record shall be provided at the expense of the person requesting the hearing. All witnesses called shall be required to testify under sworn oath.
(D)
An appeal from a decision of the Board of Health may be made to the Circuit Court of Monroe County, pursuant to the provisions of the “Administrative Review Act” in force and effect at that time in the State of Illinois.
(See 735 ILCS 5/3-101 et seq.)
In case the owner, agent, or occupant of any premises or lot neglects or fails to clean up and remove all garbage, rubbish, and other refuse, after due notice and time specified by the Health Officer, the Health Officer may arrange for removal of such materials, and the expense incurred shall be billed to the owner, agent, or occupant. In case the owner, agent, or occupant of any premises or lot neglects or fails to exterminate any infestations of vermin or rodents after due notice and time, as specified by the Health Officer, the Health Officer shall cause such vermin or rodents to be exterminated, and the expense incurred shall be billed to the owner, agent, or occupant. If the charge for cleanup, extermination remains unpaid, it shall be made a special lien against the property at the next tax roll.
Any person who shall violate any provision of the Monroe County Health Code shall, upon conviction, be punished by a fine of not less than One Hundred Dollars ($100.00) or more than One Thousand Dollars ($1,000.00), and each day’s failure to comply with any such provision shall constitute a separate offense.