§ 8-8. Body art code.

(a)

Adoption. The city hereby adopts the Volusia County Health Department Body Art Code, dated November, 1998 (hereinafter referred to as the "Body Art Code"), which is attached hereto and incorporated herein by reference. A copy of said body art code is on file in the office of the city clerk. The requirements of the body art code shall apply in addition to any other requirements of state and local law, including the requirements of this Code and the Consolidated Land Development Regulations of the city. By way of illustration and not limitation, this section shall be deemed to not have any effect on the requirement to obtain otherwise applicable site development plan approvals or local business tax receipts.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Hearing officer means the city manager or the city manager's designee.

Permit officer means a governmental agency designated by agreement with the city, or if no such agreement exists, a person designated by the city manager who is responsible for administering and enforcing the provisions of the body art code, except where otherwise provided in this section.

Person means a natural person or other legal entity required by the body art code to obtain any of the permits described therein.

(c)

Permit application, issuance and denial. Permits and permit renewals shall be applied for as provided in the body art code. The denial of a permit application by the permit officer may be appealed as provided in subsection (e) below. If no appeal is taken from a decision to deny a permit application, the denial shall be deemed final and conclusive without need for further action.

(d)

Provisional orders. The permit officer shall have authority to issue a provisional order suspending or revoking a permit under the conditions set forth in sections 19.2 or 19.3 of the body art code.

(1)

The provisional order shall be in writing and shall apprise the person to whom it applies of the specific violations with which he or she is charged.

(2)

The provisional order shall include a compliance date, which shall give a reasonable time to correct the violation. The compliance date shall in no event be fewer than five (5) days after the date of the provisional order. The provisional order shall advise that if the violation is not corrected by the compliance date and appeal is not taken as provided in this section, the provisional order shall automatically become a final order.

(3)

If the person to whom a provisional order is issued fails to file a timely appeal and fails to comply with the terms of the provisional order by the compliance date, the provisional order shall become final and conclusive without need for further action Appeals of provisional orders may be made as provided in subsection (e) below.

(e)

Appeals and hearings.

(1)

Right to appeal. Any person whose application for permit has been denied shall have the right to appeal to the hearing officer within ten (10) days from the date that the permit application is denied. Any person upon whom a provisional order has been served shall have the right to appeal the provisional order to the hearing officer within five (5) days from the date of service of the provisional order. The appeal shall be in writing and shall be deemed filed when delivered to the office of the city manager.

a.

Contents of appeal. The appeal shall set out a copy of the decision or order appealed from and shall include a statement of the facts relied upon to avoid such order

b.

Notification of permit officer. At the time of filing any appeal, a copy of such appeal shall be filed by the appellant with the permit officer.

(2)

Hearing. The hearing officer shall establish a date, time and place for hearing the appeal and shall serve a written notice on the appellant informing him or her of the hearing. The hearing officer shall also give written notice to the permit officer, and such officer shall be entitled to appear and defend the provisional order.

(3)

Decision on appeal.

a.

The hearing officer shall have authority to uphold the provisional order, to extend the time for compliance with the provisional order, to grant a new hearing date, or to change, modify or rescind any provisional order.

b.

The hearing officer's findings shall be final and conclusive and shall be served on the appellant as required herein.

(f)

Notice. Notices required by this section shall be effective if personally delivered to the person for whom the notice is given, or that person's agent or employee. In the absence of the person to whom a provisional order is issued, and that person's agent or employee, notices shall be deemed effective when affixed to some structure on the premises. For notice related to permit applications, notice shall also be deemed effective if sent by certified mail, return receipt requested, addressed to the person identified in the application for permit, so long as the address used is the address provided in the permit or renewal application, as appropriate.

(g)

Penalties. Any person convicted of violating a provision of this ordinance shall, be punished as provided in section 1-9 of this Code. Each day any violation of this section continues shall constitute a separate offense.

(Ord. No. 99-11, §§ 1—7, 7-13-99; Ord. No. 07-03, § 1, 2-13-07)

Editor's note

Ord. No. 99-11, §§ 1—7, adopted July 13, 1999, did not specifically amend the Code; hence inclusion as a new § 8-8 was at the editor's discretion.