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5.15.04 <br /> <br /> (1) <br /> <br />(2) <br /> <br />POWERS OF THE CITY'S HEALTH AUTHORITY. <br /> <br />In exercising powers conferred by this or any other section of this Code relating to <br />communicable diseases, the City's Health Authority shall be guided by the most <br />recent instructions, opinions and guidelines of the Center for Disease Control of the <br />United States Department of Health and Human Services which relate to the spread <br />of infectious diseases. <br /> <br />In order to ascertain the source of infection and reduce its spread, the City's Health <br />Authority, and persons under the Heath Authority's direction and control, shall <br />have full power and authority to inspect or cause to be inspected, and to issue <br />orders regarding any commercial building, structure or premises, or any part <br />thereof, which may be a site of high-risk sexual conduct. If the Health Authority <br />determines that a hazardous site exists, the Health Authority shall declare it to be a <br />public health hazard and public health nuisance and shall then: <br /> <br />(a) <br /> <br />Notify the management, owner or tenant of the premises that the Health <br />Authority has reasonable belief that the premises, building or structure is a <br />hazardous site. <br /> <br />(b) <br /> <br />Issue two written warnings at least ten days apart to the management, <br />owner, or tenant of the premises stating the reasons for the health <br />Authority's belief that the premises, building, or structure is a hazardous <br />site. <br /> <br />(c) <br /> <br />Once such notice and warnings have been issued, the Health Authority, or <br />the Health Authority's appointee shah proceed as follows: <br /> <br />After the management, owner or tenant of the premises has been <br />notified in writing as to the basis of the Health Authority's <br />determination, the management, owner or tenant shall have ten (10) <br />days from the date of the last warning to request a hearing before the <br />Health Authority or the Health Authority's appointee for a <br />determination as to the existence of such hazardous site. If the <br />management, owner or tenant of the premises does not request a <br />hearing within ten (10) days of the date of the last warning notice, <br />the Health Authority shall then cause the premises to be posted with <br />a warning advising the public that the premises have been declared a <br />hazardous site. The Health Authority shall cause orders to be issued <br />to the management, owner or tenant of the premises constituting the <br />hazardous site to take corrective measures to prevent high-risk <br />sexual conduct from taking place within the premises. <br /> <br />(2) <br /> <br />If the management, owner or tenant of the premises requests a <br />hearing, the hearing shall be held before the Health Authority or the <br />Health Authority's appointee at a date not more than thirty (30) days <br />after demand for a hearing. After considering all evidence, the <br />Health Authority or the Health Authority's appointee shall make a <br />determination as to whether the premises constitute a hazardous site. <br />The Health Authority shall then issue a decision based upon all <br />evidence presented. If the Health Authority or the Health <br />Authority's appointee makes a determination that the premises <br />constitute a hazardous site, the Health Authority shall then issue an <br />order and cause the premises, building or structure to be posted with <br /> <br /> <br />