(A) Whenever the Health Officer determines there are reasonable grounds to believe that there has been a violation of this chapter, 410 IAC 6-8.3 or 410 IAC 6-10.1, the County Health Officer shall issue a notice of violation to the person or persons responsible, as hereafter provided. Such notice shall:
(1) Indicate the date and location of the violation;
(2) Clearly indicate the nature of the violation and the related ordinance, statute, and/or rule citation;
(3) Allow a reasonable time for the performance of necessary remediation; and
(4) Be properly served upon the person(s) responsible. Proper service shall include any of the following:
(a) Sent to the person directly via first class mail;
(b) Sent by certified mail to the last known mailing address of the person;
(c) Posted in a conspicuous place in or about the property affected by the notice; or
(d) Other method of service authorized or required under the laws of this state.
(B) After receiving an order in writing from the County Health Officer, the owner of the property shall comply with the provisions of this chapter and/or rule as set forth in said order and within the time limit specified therein. Said order shall be served on the owner but may be served on any person who, by contract with the owner, has assumed the duty of complying with the provisions of an order. Failure to comply with such order shall constitute a violation of this chapter and the violator shall be subject to the penalties as prescribed in § 53.99.
(C) The County Health Officer may compel an immediate stop work order of work completed, in progress, or planned, which is in violation of any provision(s) of this chapter. Such stop work order shall:
(1) Result in the immediate suspension of all work at the worksite;
(2) Be posted at the construction site and confirmed by written notice to the owner or occupant of the premises and any person engaged in the performance of said work or any person causing such work to be performed; and
(3) Failure to comply with such stop work order shall constitute a violation of this chapter.
(D) Whenever the County Health Officer finds that an emergency exists which requires immediate action to protect public health, the County Health Officer may, without notice or hearing, issue an emergency order declaring the existence of such an emergency and require that action be taken as the Health Officer deems necessary. Notwithstanding the other provisions of this chapter, 410 IAC 6-8.3, 410 IAC 6-10.1, and Bulletin S.E. 11, such order shall be effective immediately.
(E) Any person to whom such an emergency order is directed shall comply therewith immediately, but upon petition to the County Health Officer, shall be afforded a hearing, as soon as possible in the manner provided in § 53.14.
(Ord. 2023-20, passed 11-6-2023) Penalty, see § 53.99