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correct the violation within a reasonable period of time. In setting the time for <br />correction, the Department shall consider the degree of danger to the public <br />health or safety and the nature of the violation. If the violation involves <br />equipment that is unsafe or functioning improperly, the Department shall order <br />the certificate holder to immediately cease use of the equipment. <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 />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 />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 />(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 />Sec.35-24. Appeals. <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 />(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 />(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 />(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 />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 />-22- <br />84 <br />