When equipment used in the preparation of food products is found to be in a state
of disrepair, unsafe, unsuitable for use or insanitary, such equipment shall be taken
out of use and a hold order placed on the said item by the health department. It shall
be unlawful for any person to move or alter a hold order, notice or tag placed on
equipment by the health department. Such equipment shall not be altered, disposed
of or destroyed without the permission of the health department, except on order by
a court of competent jurisdiction. Such equipment may not be returned to service unless
the hold order is removed by the health department. After the owner or person in charge
has had a hearing as provided in section 22-94(4), and on the basis of evidence produced at such hearing, or on the basis of examination
in the event a written request for a hearing is not received within ten days, the
health department may vacate the hold order or may, by written order, direct the owner
or person in charge of the equipment which was placed under the hold order to bring
the equipment into compliance with the provisions of this article. Such order shall
be stayed if the order is appealed to a court of competent jurisdiction within three
days.
