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(A) If at any time the Health Authority determines that a permit holder or operator is not in compliance with the provisions of this chapter, the Health Authority shall issue a notice to the permit holder or operator. The notice shall state the nature of the violation and a reasonable timeframe in which corrective action must be taken. Whenever a permit holder has failed to comply with any notice issued under the provisions of this chapter, the Health Authority may serve the permit holder or operator with a notice stating that the permit is suspended and operations are to cease immediately or as otherwise ordered by the Health Authority. Notwithstanding the other provisions of this chapter, whenever the Health Authority finds unsanitary or other conditions in the operation of a food establishment, or a temporary food establishment, which in the Health Authority's judgment, constitutes a substantial hazard to public health, it may, without warning, notice, or hearing, issue a written notice to the permit holder or operator citing such condition, specifying the corrective action to be taken, and stating that the permit is immediately suspended. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the Health Authority, shall be afforded a hearing as soon as possible.
(1) Hearings provided for in this section shall be conducted by the Health Authority at a time and place designated by the Health Authority. Based upon the record of such hearings, the Health Authority shall make findings and shall sustain, modify, or rescind an official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permit holder by the Health Authority.
(2) All decisions of the Health Authority enforcing this chapter may be appealed to the Macon County Board of Health in the manner set forth by this section. Review of the final administrative decision of the Macon County Board of Health may be had in the Circuit Court of Macon County, Illinois, pursuant to the provisions of the Administrative Review Law, 735 ILCS 5/3-101 et seq.
(B) A permit holder whose permit has been suspended may at any time during the suspension of said permit make a signed, written request for an inspection for the purpose of the reinstatement of the permit, stating how the conditions leading up to the suspension were corrected. Within 24 hours following receipt of said written request, the Health Authority shall inspect the premises, and shall reinstate the permit if the permit holder is in compliance with this chapter. A fee set forth by the Macon County Board of Health for permit reinstatement shall be applied to all food service establishments required to cease food service operations. The reinstatement fee shall be paid in full to the Health Authority prior to resuming operations. Two suspensions during a period of 12 consecutive months shall constitute grounds for revocation of a permit.
(Ord. O-132-11-18, passed 11-8-2018)