(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 Greene 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 inspection, or examination of employee, food, records or other means as specified in this chapter, that an imminent health hazard exists.
(C) Ceasing operation and contacting the County Health Department.
(1) 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.
(2) An operator need not discontinue operations in an area of an establishment that is unaffected by the imminent health hazard.
(D) Resuming operation. If a bed and breakfast establishment, retail food establishment and/or temporary food establishment has discontinued operations for the reasons stated above or otherwise according to law, the operator must obtain approval from the County Health Department before resuming operations.
(E) Outstanding fees. Any outstanding fees may be a condition upon which a permit may not be issued.
(F) Enforcement options. 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 Health Board may adopt a policy for the issuing of citations based on violation of the retail food establishment and/or bed and breakfast establishment requirements. Appeals from any citation shall follow the procedure set forth in § 110.07 before initiation of the trial process.
(2) Conduct administrative proceeding for suspension and/or revocation of the bed and breakfast establishment, retail food establishment and/or temporary food establishment permit in front of a Hearing Officer.
(3) 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 could result in the enforcement of the order in the court of jurisdiction by the initiation of an action by the Board of Health Attorney, County Attorney or County Prosecuting Attorney.
(4) If the action concerning public health is an ordinance violation, request the Board of Health Attorney, the County Attorney or County Prosecuting Attorney to institute a proceeding in the courts for the enforcement of the ordinance violation, in that manner set forth by I.C. 34-28-5-1. The maximum penalty which may be levied for the violation may not exceed $1,000. In addition to the penalties, any person who violates any provision of the chapter shall be liable for the costs of litigation including, but not limited to, attorney fees, deposition fees, the cost of expert witnesses, lab testing expenses and court costs.
(5) If the action concerning public health is a criminal offense, request the Board of Health Attorney, the County Attorney or County Prosecuting Attorney to institute a proceeding in the courts for enforcement. (See I.C. 16-20-1-25(c).)
(Ord. 2005-1, passed 8-2-2005)