(A) Application denial. If an application for a plan review and/or permit to operate a bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor is denied, the County Health Department shall provide the applicant with a notice that includes:
(1) The specific reasons and rule citations for the application and/or permit denial;
(2) The actions, if any, that the applicant must take to qualify for the application and/or permit; and
(3) Advisement of the applicant’s right of appeal, and the process and time frames for appeal that are provided in law.
(B) Permit suspension. The County Health Department may suspend a permit to operate a bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor if it determines through inspection, or examination of employee, food, records, or other means as specified in this subchapter, that an imminent health hazard exists.
(C) Inspection protocol. The Standard Operating Procedure (SOP) for the County Health Department in regarding inspections of a bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor shall be as follows:
(1) The first inspection will be known as a routine inspection, and, depending on the severity of violations, may warrant a follow-up inspection;
(2) The second inspection will be known as a follow-up inspection to ensure compliance and corrective measures have been taken. During this inspection, if it is found that an establishment has repeat violations persisting from the first inspection, fines will be issued.
(3) If, during the second inspection, it is found that corrective measures have not been taken resulting in ongoing issues with non-compliance, a third inspection is necessitated, the third inspection will be known as an additional follow-up to ensure compliance; at this time if violations found in this inspection are continually being repeated from the first and second inspections, it will result in a minimum 24-hour closure of the establishment, or until such time that all violations have been corrected, whichever is longer.
(D) Ceasing operation and contacting the County Health Department.
(1) An operator of a bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor shall immediately discontinue operations and notify the County Health Department if an imminent health hazard may exist because of an emergency, such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health.
(2) An operator need not discontinue operations in an area of an establishment that is unaffected by the imminent health hazard.
(E) Resuming operation. If a bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor have discontinued operations for the reasons stated in division (D)(1) above, or otherwise according to law, the operator must obtain approval from the County Health Department before resuming operations.
(F) Outstanding fees. Any outstanding fees may be a condition upon which a permit may not be issued.
(G) Enforcement options. The following are options available to County Health Department for consideration.
(1) The County Health Department may issue citation based upon County Ordinance 2012-03 (“Citation Ordinance and Retail Food Establishment and/or Bed and Breakfast Establishment requirements”). (See I.C. 16-42-5-28(g)
for guidance.) (See also § 111.06 to ensure that due process is followed.)
(2) The County Health Department may conduct administrative proceeding for suspension and/or revocation of the bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor permit in front of a Hearing Officer. (See § 111.06 to ensure that due process is followed.)
(3) The County Health Officer may issue an “order to abate” based on a condition that may transmit, generate, or promote disease. Failure on the part of the operator to comply with the order could result in the enforcement of the order in the court of jurisdiction by the initiation of an action by the county attorney or county prosecuting attorney. (See I.C. 16-20-1-25
.) (See also § 111.06 to ensure that due process is followed.)
(4) If the action concerning public health is an ordinance violation, the County Health Department may request the County Attorney or County Prosecuting Attorney, to institute a proceeding in the courts for the enforcement of the ordinance violation. (See I.C. 34-28-5-1
.)
(5) If the action concerning public health is a criminal offense, the County Health Department may request the County Attorney, or County Prosecuting Attorney, to institute a proceeding in the courts for enforcement. (See I.C. 16-20-1-25(c)
.)
(Ord. 2015-18, passed 10-19-2015) Penalty, see § 111.99