CHAPTER 114: LODGING ESTABLISHMENTS
Section
   114.01   Definitions
   114.02   Applicability, general provisions
   114.03   Minimum requirements
   114.04   Compliance, enforcement
   114.05   Appeals
 
   114.99   Penalty
§ 114.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CONTIGUOUS. Sharing a common wall, floor, or ceiling.
   GUEST. Any person renting, occupying, or having actual possession of a guest room in a lodging establishment.
   GUEST ROOM. Any room established and maintained for use as a sleeping area for temporary or long-term occupancy in a lodging establishment.
   HABITUAL NON-COMPLIANCE. Three or more investigations of a lodging establishment with investigation reports within the last two years demonstrating:
      (1)   Three consecutive investigations documenting the same violation without significant progress or actions to remediate the violation; or
      (2)   Four non-consecutive investigations documenting the same violation without significant progress or actions to remediate the violation.
   HARBORAGE. Any place where pests can live, nest, seek shelter, or reproduce. This includes, but is not limited to, cardboard boxes, trash, unused tires, unused appliances, and building materials.
   HEALTH OFFICER. The County Health Officer having jurisdiction in the county, or the duly authorized representative.
   INFESTATION. The presence of any pest in the lodging establishment which is deemed likely to pose a hazard to public health through disease, injury, or sickness.
   INVESTIGATION. An inspection of the lodging establishment during normal business hours to ensure the minimum standards set forth by this chapter are met. The INVESTIGATION is initiated by a complaint received from an agency or a member of the public.
   INVESTIGATION REPORT. The document prepared by the County Health Department that is completed as a result of the investigation, and provided to the owner of the lodging establishment.
   LODGING ESTABLISHMENT.
      (1)   A hotel, motel, or inn located in the county where space is leased, rented, or otherwise occupied in which sleeping accommodations are provided for a guest for either short or long-term stays.
      (2)   This definition does not include apartments, private homes, bed and breakfast establishments, dormitories, or boarding houses.
   OWNER. Any person who alone, jointly, or severally with others:
      (1)   Has legal title to any lodging establishment, with or without accompanying actual possession thereof; or
      (2)   Has charge, care, or control of the lodging establishment as OWNER, or agent of the OWNER, or an executor, administrator, trustee, or guardian of the estate of the owner. Any such person thus representing the actual OWNER shall be bound to comply with the provisions of this chapter and of the rules and regulations adopted pursuant thereto to the same extent as if this person were the OWNER.
   PERSON. Includes, but not limited to, an individual, corporation, firm, partnership, proprietorship, association, business organization, municipality, or any other group acting as a unit, as well as an individual, trust, or estate, or the agent or legal representative thereof.
   PEST. An insect, rodent, or other animal that creates a public health risk or nuisance, including but not limited to, a bed bug, rodent, cockroach, flea, or ant.
   UNSANITARY OR UNLAWFUL CONDUCT. Any condition that may transmit, generate, or promote disease, injury, or sickness. This would include the existence on the premises of an unsanitary condition that is likely to cause sickness to a guest due to an infestation or gross unsanitary condition. Examples would include, but are not limited to, harborage or infestation conditions.
   VIOLATION. The lack of compliance to this chapter, including the existence of an unsanitary or unlawful condition.
(Ord. 2019-27, passed 7-23-2019)
§ 114.02 APPLICABILITY, GENERAL PROVISIONS.
   (A)   This chapter shall be in full force and effect upon its adoption and publication as provided by law.
   (B)   The County Health Department shall have the authority to enforce the provisions of this chapter.
   (C)   The County Health Officer may enter to inspect the lodging establishment or individual guest rooms under the procedure set forth in I.C. 16-20-1-22 and 16-20-1-23, as amended from time to time, to ensure compliance with this chapter, including taking any necessary measurements, observations, sampling, or testing.
(Ord. 2019-27, passed 7-23-2019)
§ 114.03 MINIMUM REQUIREMENTS.
   (A)   The lodging establishment is free of any unsanitary or unlawful condition, including, but not limited to, harborage conditions, the presence of pests, or infestations.
   (B)   The owner shall have a written policy in place for personnel, including reception and housekeeping, to handle complaints regarding pests.
   (C)   The owner maintains pest complaint logs and pest control invoices on the premises for at least one year. These logs and invoices may be inspected by the Health Officer.
(Ord. 2019-27, passed 7-23-2019)
§ 114.04 COMPLIANCE, ENFORCEMENT.
   (A)   The representative of the Health Officer will complete, and provide to the owner, an investigation report at the time of the on-site investigation.
   (B)   A date for correction shall be noted for each violation documented on the investigation report.
   (C)   Refusal to sign an acknowledgment of receipt of the investigation report will not affect the owner’s obligation to correct the violations noted in the investigation report within the date by which the violation shall be corrected.
   (D)   If, upon investigation by the County Health Department, an unsanitary or unlawful condition is found within the lodging establishment, the owner shall provide educational materials and training to all applicable lodging establishment employees on pest identification and indications of pest activity.
   (E)   If any guest room is deemed dangerous or detrimental to life or health because of the existence on the premises of an unsanitary or unlawful condition, the guest room and any contiguous room shall not be occupied until the conditions causing it to be unfit are remediated. Items shall not be moved into, or out of, the guest room until it can be inspected by a licensed pest control professional, and approval is provided by the Health Officer.
   (F)   If bed bugs are found in a guest room, all contiguous rooms must also be inspected by a licensed pest control professional and treated as necessary. Guest rooms and contiguous rooms may be not be used until approved by the Health Officer.
   (G)   The Health Officer may order the immediate closure of a lodging establishment for the following reasons:
      (1)   Interference with the Health Officer in the performance of duties. INTERFERENCE shall be defined as the process of obstructing, hampering, or blocking the Health Officer in the performance of duties; and/or
      (2)   As a result of continuous violation of any provision of this chapter following an administrative hearing as set forth in this chapter.
   (H)   (1)   Whenever the Health Officer finds an infestation in a guest room, the Health Officer may, without notice or hearing, issue and serve a written order upon the owner requiring the immediate closure of its operations of designated guest rooms and any contiguous rooms.
      (2)   If the infestation includes more than 25% of the guest rooms, the entire lodging establishment may be required to close. The Health Officer shall cite in the written order the existence of said infestation and shall specify the corrective action(s) to be taken.
   (I)   Follow-up investigations to ensure compliance will be conducted by the County Health Department. If, upon follow-up, the lodging establishment is found to be in habitual non-compliance, the Health Officer may order civil penalties and request an administrative hearing.
   (J)   The Health Officer may promptly issue a written order for an administrative hearing to the owner to appear at a certain time and place in the county in order to show cause as to why the lodging establishment shall continue operation. Hearings required, or requested, under this chapter shall be held upon at least ten days written notice to the owner of the time, place, and nature thereof, unless a hearing is requested by the establishment owner pursuant to an immediate closure.
   (K)   In addition to the foregoing, civil penalties, which may include injunctive relief, may be imposed under state law on any person who violates any provision of this chapter.
   (L)   In the event a lawsuit is necessary to collect the cost of fees, penalties, or services for this chapter, the individual or business entity found to be liable shall also pay for reasonable attorney fees and cost of litigation to the county.
(Ord. 2019-27, passed 7-23-2019) Penalty, see § 114.99
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