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<br /> <br /> <br /> <br /> <br /> (b) If the Department determines that a violation constitutes an imminent and <br /> serious threat to the public health or safety, the Department shall order the <br /> certificate holder to correct the violation immediately. If the certificate holder <br /> <br /> fails to comply, the Department shall promptly take action as the Department <br /> considers necessary to enforce the order. <br /> (c) The Department shall include in a notice, issued under this section, an <br /> <br /> identification of the violation, the date of issuance of the notice, and the time <br /> period within which the violation must be corrected. The notice shall further <br /> include a warning that failure to comply with the order may result in suspension <br /> or revocation of a certificate of registration or imposition of a fine or both and a <br /> statement indicating that the order may be appealed to the City Manager. <br /> <br /> (d) In the event that the Department shall send a notice or require, in writing, <br /> an explanation from a certificate holder in an administrative capacity, the <br /> certificate holder shall respond in a reasonable period of time not to exceed five <br /> (5) days excluding holidays. Failure to respond within a reasonable period of <br /> time may result in the enforcement of an administrative form of discipline which <br /> may include the suspension or revocation of any certificate of registration issued <br /> pursuant to this article. <br /> <br /> Sec. 35-24. Appeals. <br /> <br /> (a) A certificate holder may appeal a correction order issued under this <br /> ordinance if an appeal is required in writing not more than ten (10) days after <br /> notice of the order or action is received. <br /> <br /> (b) The City Manager or a designated representative of the City Manager or <br /> Chief of Police shall act as the hearing officer in an appeal hearing. <br /> <br /> (c) The hearing officer shall give the appealing party an opportunity to present <br /> evidence and make argument. The hearing officer shall make a ruling on the basis <br /> of a preponderance of evidence presented at the hearing. <br /> <br /> (d) The hearing officer may affirm, modify or reverse all or part of the order of <br /> the Department. The decision of the hearing officer is final." <br /> <br /> Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict <br /> with the provisions of this ordinance are hereby repealed, and all other provisions of the <br /> ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in <br /> full force and effect. <br /> <br /> Section 4. That the repeal of any ordinance or part of ordinances affected by the <br /> enactment of this ordinance shall not be construed as abandoning any action now pending under <br /> or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty <br /> accruing or to accrue, or as affecting any rights of the municipality under any section or <br /> provisions of any ordinance at the time of passage of this ordinance. <br /> <br /> -22- <br /> <br /> 2.99 <br />