(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