The provisions of Title 4101 AC 7-23 provides local health departments with authority to assess civil penalties (fines) for violators of laws intended to suppress disease and health risks associated with preparation and distribution of food. For purposes of tracking critical item violations and imposing fines under this chapter, the department shall maintain inspection records for not less than one year from the date of any inspection conducted after the effective date of this chapter. No fine is payable the first time a "critical item" violation is noted within any one year period after the effective date of this chapter. For a second or subsequent "critical item " violation of this chapter after its effective date, or within one year of the date of an inspection conducted after the effective date of this chapter, a civil penalty is payable as provided in this chapter.
(A) The following civil penalties (fine) shall apply for a "critical item" violation which reoccurs for a second or subsequent time within any one year period after the effective date of this chapter, regardless if that "critical item" can be corrected immediately:
(1) The second time the same "critical item" violation is determined within any one year period, there will be a fine of $50.
(2) The third time the same "critical item" violation is determined within any one year period there will be a fine of $100.
(3) If the same "critical item" reappears as a violation for a fourth (or more) time within any one year period, there will be a fine of $200.
(B) Each day after the expiration of the time limit for abating any violation of this chapter or completing other actions as ordered by the Health Department or the health officer of the county, shall constitute a distinct and separate offense.
(C) All fines shall be payable in full within 30 days of assessment, unless otherwise ordered by the hearing officer. Failure to pay fines by the due date will result in an additional 10% late fee. No permit is to be issued or renewed until all fines have been paid in full. Any fines and late fees may be collected in any manner provided herein or as provided by law including any law for collection of debts, along with attorney fees incurred to collect and said amounts owing and with all costs of collection.
(D) For non-critical violations, a fine of $50 shall be imposed after the third violation as determined within any one year period, a fine of $100 shall be imposed for the fourth violation, and $200 for the fifth violation.
(E) Any assessment of a civil penalty by this chapter is subject to the right of appeal and a public hearing which will be scheduled, conducted, and concluded as provided in § 111.06 of this chapter. Any request for an appeal shall be filed in writing with the health officer within 15 days of assessment of the civil penalty.
(Ord. 2018-03, passed 4-16-2018)