(A) The health officer may, without warning, notice or hearing, temporarily suspend any permit to operate a food service retail food establishment if the holder of the permit does not comply with the requirements of this ordinance, or if the operation of the establishment does not comply with the requirements of this ordinance, or if the operation of the establishment otherwise constitutes a substantial hazard to public health. Whenever a permit holder or operator has failed to comply with any notice issued pursuant to the provisions of this ordinance, the permit holder or operator shall be notified in writing that the license is, upon service of the notice, immediately suspended or that the suspension shall be effective on a specific future date, and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the health officer within ten (10) days of the notice date.
(B) Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified citing the conditions, specifying the corrective action to be taken, and specifying the time period within such action shall be taken. If deemed necessary, such order shall state that the permit is immediately suspended temporarily, and all food operations are to cease at once. Any person to whom such an order is issued shall comply immediately. An opportunity for hearing will be provided if a written request is filed with the health officer within ten (10) days following cessation of operations. If a request for hearing is received, a hearing shall be afforded.
(C) Any person whose permit has been suspended may, at any time make application for a noncompliance reopening inspection on a form provided by the health officer. This form at minimum shall include a statement signed by the applicant that, in said applicant's opinion the conditions causing suspension of the license have been corrected. The application shall also contain necessary documentation required by the health officer to assure compliance with the notice to correct. The applicant must also remit payment for the noncompliance reopening fee established pursuant to this ordinance prior to the date of reinspection. The reinspection shall be conducted by the health officer as soon as possible, but subject to availability. If the applicant is found to be in compliance with the requirements of this ordinance, the permit shall immediately be reinstated. (Ord. 11-12, 4-4-2011)