(A) Fines and penalties.
(1) The penalty for operating a food establishment without a valid permit, as defined in this ordinance, shall not exceed $2,500.
(2) Title 410 I.A.C. 7-23, Schedule of Civil Penalties, will be used to determine the dollar amounts of civil penalties sought for violations of the food establishment rules, and I.C. 16-42-5. For violations listed under the schedule, the regulatory authority may seek civil penalties as part of an enforcement action. A range of civil penalties is established to allow flexibility for the regulatory authority and the courts. Any fines or penalties collected shall be deposited into the health fund.
(3) Title 410 IAC 7-22, Certification of Food Handler Requirements, Section 19 schedule of monetary penalties, will be used for violation of I.A.C. 7-22, unless adjusted by administrative order.
(B) Outstanding fees. All fines and penalties owed by any food establishment or bed and breakfast establishment shall be paid in full prior to the issuance of a valid permit or the renewal of a current permit.
(C) Application denial. If an application for a plan review and/or permit to operate a bed and breakfast establishment and/or 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.
(D) Permit revocation. The County Health Department may revoke a permit to operate a bed and breakfast establishment and/or food establishment for a time period not to exceed 90 calendar days. If the permit has been revoked in the past and a clear demonstration of noncompliance is demonstrated by the permit holder, then the permit may be revoked for a longer period of time as determined by the Health Officer.
(E) Permit suspension.
(1) The County Health Department may suspend a permit to operate a bed and breakfast establishment and/or 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 or that there is no certified food handler as required by 410 I.A.C. 7-22, and shall not exceed 30 calendar days.
(2) The Regulatory Authority may at any time summarily suspend a person's permit:
(a) By providing written notice to the permit holder or person-in-charge, without prior warning, notice of a hearing, or a hearing, if it is determined that an imminent health hazard exists; or
(b) For interference with the Regulatory Authority in the performance of its duties.
(3) The suspension shall remain in effect until the Regulatory Authority confirms that the conditions cited in the notice of suspension no longer exist.
(4) A permit holder may request a hearing to address concerns about the Regulatory Authority's compliance actions, except that a hearing request does not stay the Regulatory Authority's restriction or exclusion order, a hold order, or the imposition of a summary suspension.
(F) Ceasing operation and contacting the County Health Department.
(1) An operator of a bed and breakfast establishment and/or 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.
(G) Resuming operation. If a bed and breakfast establishment and/or 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.
(H) Enforcement options. The following are options available to County Health Department for consideration:
(1) Conduct administrative proceeding for suspension and/or revocation of the bed and breakfast establishment and/or food establishment permit in front of the Health Officer.
(2) 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 County Attorney or County Prosecuting Attorney.
(3) If the action concerning public health is an ordinance violation, request the County Attorney, the Assistant County Attorney or their designee to institute a proceeding in the courts for the enforcement of the ordinance violation. See I.C. 34-28-5-1.
(I) Hearing procedure.
(1) Any owner of a bed and breakfast and/or food establishment upon which a violation is alleged to exist who disputes the existence of a violation, or disputes the nature of the abatement action ordered in the abatement notice, may, within ten calendar days of service of the abatement notice, serve upon the director of the Board of Health a written request for a hearing. The written request does not need to be in any particular form, but shall clearly indicate that a hearing is requested, and shall set out the nature of the individual's disagreement with the content of the abatement notice.
(2) Upon receipt of the written request for a hearing, the Director shall schedule the matter with the Hearing Board. The Hearing Board shall be comprised of the Health Officer or his or her designee and two appointed members of the County Board of Health's Board of Directors. This Hearing Board shall function as hearing body to adjudicate the matter.
(3) The County Health Department, by its director or designee, shall give written notice to the party requesting the hearing of the date and time of the hearing. Such notice shall be given no less than five calendar days prior to the date set for hearing. A shorter period of time may be granted, if requested by either party and agreed upon.
(4) At the hearing, which may be adjourned from time to time, it shall be the County Health Officer's burden to go forward with evidence sufficient to demonstrate that a violation exists, and that the actions required are reasonably calculated to abate the violation within a reasonable period of time. The party requesting the hearing shall have the right to dispute the existence of the violation, the reasonableness of the remedy, or the reasonableness of the time allowed to remedial action. The party requesting the hearing may propose alternative remedies or time periods for remedial action, or alternate remediation plans.
(5) All such hearings shall be open to the public pursuant to Indiana statutes on open meetings.
(6) Upon conclusion of the presentation of evidence and oral argument, if any, the County Board of Health's Board of Directors shall deliberate and render a decision either confirming, amending or rescinding the disputed content of the abatement notice.
(7) All time parameters set out in the abatement notice for completion of compliance actions shall be tolled, pending the outcome of the Hearing Board's decision. In cases where the actions of the Health Officer are upheld, or are upheld as modified by the Hearing Board, it shall be the responsibility of the Hearing Board, in its decision, to establish time periods for completion of compliance activities held in abeyance during the hearing process.
(Ord. 2005-BCC-22, passed 5-16-05; Am. Ord. 2009-BCC-08, passed 2-16-09)