§ 4-149. Enforcement.

(a)

Suspension of operating permit. In accordance with A.R.S. § 36-183.05, if the regulatory authority (hereafter referred to as the county department of public health) finds that an establishment is not in compliance with the requirements of this article, the director, through the county attorney, may file an action in the superior court:

(1)

For a temporary restraining order, a preliminary or permanent injunction or any other appropriate relief necessary to enjoin the person from further violations and to protect public health or the environment.

(2)

To compel compliance with a nuisance abatement order or a compliance order, including the collection of civil penalties assessed under that order.

(3)

For civil penalties of not to exceed $1,000.00 a day but not more than $10,000.00 for each violation.

(b)

Revocation of operating permit.

(1)

The county department of public health may, after providing opportunity for hearing, revoke a permit for serious or repeated violations of this article.

(2)

Prior to revocation, and pursuant to A.R.S. § 36-183.04, the county department of public health shall notify, by a notice of violation, the holder of the permit, or the person in charge, of the specific reason(s) for which the permit is to be revoked unless a written request for hearing is filed with the county department of public health by the holder of the permit within a 15-day period. If a request for a hearing is timely filed, the hearing shall be held within 15 days of receipt of the request.

(3)

If no request for a hearing is filed within the 15-day period, the county department of public health shall issue a compliance order pursuant to A.R.S. § 36-183.04. Unless a written request for a hearing is filed with the county department of public health by the holder of the permit within 15 days, the order shall become final and enforceable in superior court. If a request for a hearing is timely filed, the hearing shall be held within 15 days of receipt of the request.

(c)

Service of notices. A notice provided for in these regulations is properly served when it is delivered to the holder of the permit, or their agent or when it is sent by certified or registered mail, to the last known address of the holder of the permit. A copy of their notice shall be filed in the records of the county department of public health.

(d)

Hearings.

(1)

The director of the county department of public health or the manager of the county environmental health division may appoint a hearing officer to conduct a hearing pursuant to A.R.S. § 36-183.04. Hearings shall be conducted in the same manner as hearings are conducted pursuant to A.R.S. § 41-1061 et seq. The hearing officer shall either issue or deny a compliance order and shall make a finding regarding a civil penalty. The hearing officer shall consider the factors prescribed in section 4-150(b).

(2)

Should the hearing officer issue a compliance order, the order is final and enforceable in superior court unless an appeal is timely filed.

(3)

On appeal, the director may affirm, modify or vacate the hearing officer's decision. The director shall consider the factors prescribed in section 4-150(b). The director's decision is enforceable as a judgment in superior court. The director's decision is subject to appeal pursuant to A.R.S. § 12-901 et seq.

( Ord. No. 2007-08 , § 18A—D, 10-15-2007)