(A) The following options available to the County Department of Health for consideration.
(1) Conduct administrative proceeding for suspension or revocation of the bed and breakfast, retail food establishment or temporary food establishment permit in front of a Hearing Officer.
(2) The County Department of Health 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.
(3) If the action concerning public health is an ordinance violation or a criminal offense, the County Attorney or county prosecuting attorney may institute a proceeding in the courts for the enforcement of the ordinance violation or punishment for the criminal offense.
(B) The County Department of Health shall uniformly apply this rule to all bed and breakfast, retail food establishment and temporary food establishments in a reasonable manner that promotes its underlying purpose of safeguarding public health and ensuring that food is: safe; not misbranded; unadulterated; and honestly presented; when offered to the consumer.
(C) In enforcing this rule, the County Department of Health shall assess existing facilities or equipment that was in use before the effective date of this subchapter based on the following considerations:
(1) Whether the facilities or equipment are in good repair and capable of being maintained in a sanitary condition;
(2) Whether food-contact surfaces comply with 410 I.A.C. 7-24-205 through 213, 215, 216 and 240; and
(3) Whether the capacities of cooling, heating and holding equipment are sufficient to comply with 410 I.A.C. 7-24-259.
(Ord. 2006-5, passed 3-20-2006)