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<br />01/02/2008 09:29 AM <br /> <br />2 <br />3 <br />4 .i <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />II <br />12 <br />13 <br />14 I <br />15 161 <br /> I <br />17 il <br />18 ! <br />19 I <br /> I <br />20 i <br /> ,I <br />21 I! <br /> I <br />22 I <br />231/ <br /> <br />Cltv of Forso - Commission <br /> <br />8/9 <br /> <br />OFFICE OF THE CITY ATTORNEY <br />FARQO. NORTH DAKOTA <br /> <br />ORDINANCE NO. <br /> <br />25-3615. Denial, suspension. or revocation of permit. <br />A. The public health department may deny issuance of a permit or may suspend or <br />revoke a permit issued under this article if the public health department <br />determines that the applicant or permittee. or an employee thereof, has violated <br />any section within this article or is found to have: <br />1. Submitted false or misleading information in the application or in any <br />report made to the public health department. <br />2. Failed to construct, operate or maintain the tanning facility in accordance <br />with the application. <br />3. Operated the tanning facility in a way that causes or creates a nuisance or <br />hazard to the public health or safety. <br />4. Violated any condition upon which the permit was issued. <br />5. Failed to allow a public health department staff person or a duly <br />authorized agent to inspect the facility at a reasonable hour and in a <br />reasonable manner for the purpose of determining compliance with this <br />article. <br />6. Failed to pay the permit fee. <br />B. No permit issued under the provisions of this article shall be suspended or <br />revoked by the public health department a hearing before the director of the <br />public health department has issued written notice to the owner and allowing the <br />owner an opportunity to appear and be heard by the director. The director may <br />also, in his discretion, issue an order for compliance requiring the owner to <br />correct certain violations within a tanning facility within a certain time. In the <br />event the owner brings the tanning facility into compliance within the prescribed <br />time, the director may determine whether any further discipline is in order. All <br />notices or orders shall be delivered to the owner either by personal delivery or by <br />any form of mail or third-party commercial delivery addressed to the owner at the <br />address noted on the owner's application for tanning facility permit and requiring <br />a signed receipt and resulting in delivery to the owner. <br />C. Any decision of the public health department may be appealed to the board of city <br />commissioners as provided in section 13-0213. <br /> <br />25-3616. North Dakota requirements for tanning facilities adopted. There is hereby <br />adopted by reference by the board of city commissioners, for the purpose of prescribing <br />regulations governing standards, relative to tanning facilities, those provisions compiled by the <br />North Dakota Department of Health, article 33-42 of the North Dakota Administrative Code. as <br />well as all other applicable chapters or sections of the North Dakota Century Code and this <br />chapters and the same is hereby adopted and incorporated as fully as set out in length herein. and <br /> <br />8 <br />