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(A) The Health Officer, after proper identification, shall have access at any reasonable time to any establishment regulated by this chapter. REASONABLE TIME for the purpose of this section shall always mean the establishment is open to the public. The Health Officer shall be permitted to examine all areas and records of the establishment, which are necessary for their inspection or investigation.
(B) Denial of access as herein provided shall be deemed as interference by the Health Officer in the performance of their duties, including denial of access to the permit holder’s building or records. The Health Officer must inform the permit holder that they are required to allow access to the Health Officer and access is a condition of the acceptance and retention of their permit to operate. If access is denied, an order issued by the Health Officer, or an inspection order, may be obtained according to law.
(Ord. 17-2, passed 2-14-2017; Res. passed 11-14-2023)
(A) Any person or permit holder affected by any order or notice issued by the Health Officer in connection with the enforcement of any section of this chapter, may request a hearing before the Health Officer.
(B) Requests for a hearing must be within seven calendar days of service. A response to a hearing notice or a request for hearing shall be in written form and contain the following:
(1) An admission or denial of each allegation of fact;
(2) A statement as to whether the respondent waives the right to a hearing; and may also contain;
(3) A statement of defense, mitigation, or explanation concerning any allegation of fact; and
(4) A request to the Health Officer for a settlement of the proceedings by consent agreement if the Health Officer will provide this opportunity.
(5) A statement indicating whether the presence of witnesses for the Health Officer is required; and
(6) The name and address of the respondent’s or requester’s legal counsel, if any.
(C) Unless stated elsewhere in this chapter, the Health Officer shall hold the hearing at the time and place designated by them within 14 days from the date on which the written request was filed.
(D) The petitioner for the hearing shall be notified of the time and place of hearing not less than five days prior to the date on which the hearing is to be held.
(E) If, as a result of the hearing, the Health Officer finds that strict compliance with the order or notice would cause undue hardship on the petitioner, and that the public health would be adequately protected and substantial justice done by varying or withdrawing the order of notice, the Health Officer may modify or withdraw the order of notice as a condition for such action, may where deemed necessary, make requirements which are additional to those prescribed in this chapter for the purpose of properly protecting the public health.
(F) The Health Officer shall render a decision within ten days after the date of the hearing, which shall be reduced to writing and placed on file in the office of the authorized representative as a matter of public record. Any person aggrieved by the decision of the Health Officer may seek relief therefrom through a hearing before the County Board of Health.
(Ord. 17-2, passed 2-14-2017; Res. passed 11-14-2023)
(A) If as a result of facts elicited as a result of the hearing, the Health Department Committee finds that strict compliance with the decision of the Health Officer would cause undue hardship of the petitioner, and that the public health would be adequately protected and substantial justice done by granting a currency from the decision of the Health Officer, the Health Department Committee may grant a currency and as a condition for such variance, may, where it deems necessary, make requirements which are additional to those prescribed by this chapter.
(B) The Health Department Committee shall render a decision within 30 days after the date of the hearing which shall be reduced to writing and placed on file in the office of the Health Officer and a copy thereof shall be served on this petitioner personally or be delivered to the petitioner by certified mail. A transcript of the record shall be provided at the expense of the person requesting the hearing. All witnesses called shall be required to testify under oath. An appeal from a decision of the Health Department Committee may be made to the Circuit Court of the county, pursuant to the Illinois Administrative Review Act, 735 ILCS 5/3-101 et seq., as amended.
(Ord. 17-2, passed 2-14-2017; Res. passed 11-14-2023)
Effective May 1, 2010, a food service establishment, retail food establishment and/or a bed and breakfast shall be assessed a noncompliance penalty fee for the second re-inspection of a violation and an additional noncompliance penalty fee for all subsequent re-inspection performed to determine compliance with this chapter. A noncompliance fee schedule shall be determined by the County Health Department Board.
(Ord. 17-2, passed 2-14-2017; Res. passed 11-14-2023)
(A) The Health Officer may seek to enforce the provisions of this chapter and its orders by instituting quasi-criminal proceedings, quasi-civil proceedings, or temporary or permanent injunctive relief to achieve compliance with the provisions of this chapter or its orders as provided in law against the permit holder or other person who violates its provisions.
(B) Violations of the provisions of this chapter shall be punishable by:
(1) A fine of not more than $100 per day for each day of non-compliance;
(2) Each day that a violation remains is a separate violation; and
(3) The Health Officer is responsible for initiating action for non-compliance and may seek injunctive relief in addition to fines for non-compliance.
(C) Once action is initiated by the Health Officer, the county State’s Attorney, as legal counsel to the Board of Health, shall commence action in the Circuit Court and seek appropriate remedies at law.
(Ord. 17-2, passed 2-14-2017; Res. passed 11-14-2023)