(A) Ordinance violations may be enforced under proceedings brought pursuant to I.C. 34-28-5 in a manner similar to that for infractions with complaint and summons described in I.C. 9-30-3-6 issued by the County Sheriff’s Department or other police agency. Ordinance violations may also be enforced by the issuance of an order to abate by the Health Officer.
(1) If any person violates any provision of this chapter, that person shall be deemed to have committed an ordinance violation and, upon conviction, may be fined not more than $500 for the first offense, and not more than $1,000 for the second or each subsequent offense. Each violation of the chapter shall constitute a separate ordinance violation. Each day that an ordinance violation continues, after the time period permitted for correction, if applicable, shall constitute a separate ordinance violation. In addition to the other specific enforcement mechanisms contained within this chapter, the Health Officer may furnish written evidence of any violation of this chapter to the County Prosecutor and/or the County Attorney for appropriate action against the licensee, including prosecution and enforcement action, for violation of the provisions of this chapter.
(2) Penalties pursuant to 410 I.A.C. 7-23 may be assessed by the Health Officer. A person assessed penalties pursuant to 410 I.A.C. 7-23 may appeal the decision of the Health Officer if a written request for an appeal hearing is filed with the Health Officer within ten days after notice of the penalty is served. The Health Officer shall immediately forward the request to the President of the County Board of Health. An opportunity for an appeal hearing with the County Board of Health shall be afforded within 30 days of receipt of the request.
(B) No licenses shall be issued or renewed until all fines have been paid in full.
(Prior Code, § 16-42-5-24) (Ord. 102, passed 6-18-1973, 29 COM REC 422–423; Ord. 91-303, passed 4-1-1991, 91 COM REC 302–318; Ord. 2000-762, passed 11-20-2000, 2000 COM REC 761–780; Ord. 2005-322, passed 6-20-2005, 2005 COM REC 320–341)