68-2-608 - Administrative orders and judicial remedies of county health director. - Tennessee Statutes

68-2-608. Administrative orders and judicial remedies of county health director.

(a)  (1)  Whenever it appears to the county health director that a condition or activity exists or is threatened that may violate the laws, regulations, resolutions, ordinances, permits or licenses that are within the enforcement responsibility of the county health director, the county health director may, after notice and opportunity for a hearing, issue an order for any of the following:

          (A)  Cessation of the activity;

          (B)  Correction of the condition or activity;

          (C)  Removal of the condition in whole or in part;

          (D)  Revocation, suspension or imposition of conditions on a license or permit; or

          (E)  Abatement of a nuisance that involves a violation of the health laws of the state and that can be reasonably expected to adversely affect the health of the public.

     (2)  Any person served with an order pursuant to subdivision (a)(1) shall immediately comply with the order at the person's own expense.

(b)  Whenever a condition or activity exists or is threatened that, in the opinion of the county health director, causes or threatens an imminent or immediate danger to the public health under circumstances in which an opportunity for prior hearing might further seriously endanger the health of the public, the county health director may issue an order requiring the actions listed in subdivision (a)(1). The person to whom the order is addressed shall immediately comply with the order. However, such person shall be provided an opportunity for a hearing as promptly as is reasonable under the circumstances.

(c)  The county health director may petition the appropriate chancery court for injunctive relief and any other remedy available at law or equity as necessary to enforce the provision of an order issued pursuant to this section, or to otherwise require compliance with the laws, regulations, resolutions, ordinances, permits or licenses that are within the enforcement responsibility of the county health director. It shall not be necessary that an order be issued prior to seeking relief in chancery court. The court shall have the power to assess the cost of corrective measures against any and all persons failing to comply with the order.

[Acts 1985, ch. 172, § 1.]