(A) Application denial. If an application for a plan review and/or permit to operate a bed and breakfast establishment, retail food establishment, is denied, the Dearborn 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 Dearborn County Health Department may suspend a permit to operate a bed and breakfast establishment, retail food establishment 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) Ceasing operation and contacting. An operator of a retail food establishment and/or bed and breakfast establishment, shall immediately discontinue operations and notify the Dearborn County Health Department, Food Division, 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.
(D) Resuming operation. If a retail food establishment and/or bed and breakfast establishment, has discontinued operations for the reasons stated above or otherwise according to law, the operator must obtain approval from the Dearborn County Health Department, Food Division before resuming operations.
(E) Outstanding fees. Any outstanding fees may be a condition upon which a permit may not be issued.
(F) Enforcement options. (I.C. 16-42-5-28(g)) The following are options available to Dearborn County Health Department for consideration:
(1) Establish a process for the issuing of tickets based on violation of the retail food establishment and/or bed and breakfast establishment requirements , (I.C. 16-42-5-28(g) and I.C. 33-6-3-1 for guidance); or
(2) Conduct administrative proceeding for suspension and/or revocation of the retail food establishment and/or bed and breakfast establishment, temporary food establishment permit in front of a Hearing Officer; or
(3) The Dearborn 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 (I.C. 16-20-1-25); or
(4) If the action concerning public health is an ordinance violation, request the county attorney or county prosecuting attorney to institute a proceeding in the courts for the enforcement of the ordinance violation (I.C. 34-28-5-1); or
(5) If the action concerning public health is a criminal offense, request the county attorney or county prosecuting attorney to institute a proceeding in the courts for enforcement (I.C. 16-20-1-25(c)).
(Ord. 2-2004, passed 2-17-04)