374 - Certain cities; appeals from orders of commissioner of health or health officers.

§  374.  Certain cities; appeals from orders of commissioner of health  or health officers. 1. Any person aggrieved by  an  order,  decision  or  direction  of  the  commissioner  of  health or health officer of a city  having a population of less than one hundred seventy-five thousand,  may  appeal therefrom to the official or authority which appoints the head of  the  department of health of such city, who or which may affirm, reverse  or modify the order, decision or direction appealed from.    2. Such appeal may be made by serving  on  the  said  commissioner  of  health  or  health  officer  a written notice of appeal within two days,  Sundays and legal holidays excepted, or  within  such  further  time  as  shall  be  allowed by the official or authority having power to hear the  appeal after the appellant received notice of  the  order,  decision  or  direction  appealed from. Within two days after receiving such notice of  appeal, Sundays and legal holidays excepted, the commissioner of  health  or  health  officer  shall  make  a  written  return  to the official or  authority having power to hear the appeal of the facts and  evidence  on  which such order, decision or direction is founded. Upon receipt of such  return,  or if no return be made within the time specified, the official  or authority having power to hear the appeal shall forthwith proceed  to  hear  and  determine  the  matter.  Upon  such  appeal  the  official or  authority having power to hear it need not be confined to  the  evidence  contained in the return but in his or its discretion may take additional  evidence.    3.  Until  the  decision  of the appeal is made the order, decision or  direction appealed from shall not be suspended unless  the  official  or  authority  having  power to hear the appeal by an order in writing shall  so direct, which order shall be filed forthwith in  the  office  of  the  commissioner of health or health officer of the city.    4.  In case of failure to sustain the appeal the official or authority  having power to hear the appeal may in  his  or  its  discretion  impose  costs not exceeding ten dollars upon the appellant.