(A) Application denial. If an application for a plan review and/or permit to operate a bed and breakfast establishment, retail food establishment, and/or temporary food establishment is denied, the 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 County Health Department may suspend a permit to operate a bed and breakfast establishment, retail food establishment, and/or temporary food establishment if it determines, through any inspection, or examination of records, or other means as specified in this chapter, that an imminent health hazard exists.
(C) Permit revocation. The County Health Department may permanently revoke a permit to operate a bed and breakfast establishment, retail food establishment, and/or temporary food establishment if it is determined through an inspection and examination of past and current inspections reports that repeat and habitual critical violations exist, presenting an imminent health hazard.
(D) Ceasing operation and contacting the County Health Department. An operator of a bed and breakfast establishment, retail food establishment, and/or temporary food establishment shall immediately discontinue operations and notify the County Health Department 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 food-borne illness outbreak, gross unsanitary occurrence or condition, or other circumstance that may endanger public health. An operator need not discontinue operations in an area of an establishment that is unaffected by the imminent health hazard.
(E) Resuming operation. If only a portion of a bed and breakfast establishment, retail food establishment, and/or temporary food establishment is affected, the operator may continue operations in the unaffected portion; provided there is no imminent health hazard to such unaffected portion. Otherwise, the operator must obtain approval from the County Health Department before resuming operations.
(F) Outstanding fees. Any outstanding fees may be a condition upon which a permit may not be issued or may be suspended.
(G) Enforcement options. When the Health Officer, or an official, finds a critical violation at a retail food establishment it will be addressed at the time of the inspection; a follow-up inspection may also be conducted.
(1) A letter of warning may be issued when there are critical or noncritical violations continuing upon the first follow-up inspection. If a letter of warning is issued, a second follow-up inspection will be conducted.
(2) (a) After a second follow-up inspection in which it is determined that critical or noncritical violations are continuing, one or a combination, of the following measures may be implemented at the discretion of the Environmental Health Supervisor:
1. A letter of warning;
2. An informal meeting held in the County Health Department offices;
3. A meeting held at the establishment by the Health Officer, Environmental Health Supervisor, or Chief Food Specialist; and/or
4. Another follow-up inspection.
(b) There shall be a fee payable before any second follow-up inspection in the amount of 50% of the annual permit, or in such amount as set from time to time by the County Board of Health.
(3) (a) Upon a third inspection, follow-up inspection with continuing critical or noncritical violations, or upon the continued unlawful operation during an event of imminent health hazard, an enforcement action may be instituted, and may include one or more of the following:
1. Issuance of a notice of violation and order to abate;
2. Follow-up inspections conducted as often as necessary to ensure compliance; and/or
3. If the action concerning public health is a criminal offense, request the County Prosecuting Attorney to institute a proceeding in the courts for enforcement. (See I.C. 16-20-1-25(c).)
(b) There shall be a fee payable before any third follow-up inspection or subsequent inspection in the amount of 50% of the annual permit, or in such amount as set, from time to time, by the County Board of Health.
(Ord. 2008-V, passed 4-15-2008; Ord. 2011-IV, passed - -2011)