(A) In the enforcement of the provisions of this chapter, the County Health Department may proceed, and/or recommend, one or more enforcement options.
(1) The County Board of Health may adopt a policy for the issuing of citations based on violation of the retail food establishment and/or bed and breakfast establishment requirements. For this purpose, the Health Department is hereby designated as the Ordinance Violations Clerk, and a civil penalty for such violation may be imposed according to a penalty schedule to be adopted by the County Board of Health, but with no single civil penalty to exceed $1,000. Penalties so collected shall be deposited into the county’s General Fund. Appeals from any citation shall follow the procedure set forth in § 111.10(B).
(2) 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 may 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 a chapter violation, the County Attorney, or County Prosecuting Attorney, may institute a proceeding in the courts for the enforcement of the chapter violation, in that manner set forth by I.C. 34-28-5-1. The maximum penalty, which may be levied for such violation, may not exceed $1,000.
(B) If the action concerning public health is a criminal offense, the County Prosecuting Attorney may institute a proceeding in the courts for enforcement. (See I.C. 16-20-1-25.)
(Ord. 2019-09, passed 11-4-2019)