A. Powers and Duties of the Department.
1. To issue permits or registrations as required in this Ordinance.
2. To make such inspections as are necessary to determine satisfactory compliance with this Ordinance.
3. To cause investigations to be made when a violation of any provision of this Ordinance is reported to the Department.
4. To enter at reasonable times upon private or public property for the purpose of inspecting and investigating conditions relating to the administration and enforcement of this Ordinance; subject to constitutional restrictions on reasonable searches and seizures. If entry is refused or not obtained, the enforcing officer is authorized to pursue recourse as provided by law.
5. To institute or cause to be instituted legal proceedings in the Circuit Court of McHenry County in cooperation with the State’s Attorney’s Office where a condition presents a hazard to the public health.
6. To issue and enforce orders of quarantine or isolation, as permitted by Illinois law. If this is an immediate order then the health department may order quarantine or isolation without consent or a court order if immediate action is required to protect the public from a dangerously contagious or infectious disease. The health department must as soon as practical (within 48 hours after issuing immediate order) obtain consent or request a court order except when the court system is unavailable or it is impossible to do so.
B. Enforcing Officer. Any duly authorized member or representative of the McHenry County Department of Health is hereby designated as an enforcing officer of this Ordinance. Any enforcing officer shall hereby be given specific power to make inspections and for that purpose may enter buildings, structures and premises at all reasonable times in order to enforce the provisions of this Ordinance and to that end shall make such orders, requirements, decisions and determinations as are necessary with respect to the enforcement of this Ordinance.
C. Permits. It shall be unlawful for any person to operate any establishment, business or operation, or conduct any activities within McHenry County, Illinois, requiring permits under this Ordinance, who does not possess a valid permit issued by the Health Authority. Only a person who complies with the requirements of this Ordinance shall be entitled to receive and retain such permit. Permits shall not be transferable from one person to another or from one place to another.
D. Issuance of Permits. Any person desiring to conduct any activity requiring a permit under this Ordinance shall make an application for a permit on forms provided by the Department. The application shall include all information required by this Ordinance. Upon receipt of such application, the Health Authority shall conduct the necessary evaluation and/or make an inspection of the referenced business, establishment or operation to determine compliance with all provisions of this Ordinance. When the applicable requirements of this Ordinance have been met and the required fee paid, a permit shall be issued to the applicant by the Health Authority.
E. Notices of Violations. Whenever the Department determines through inspection or other means that there is a violation of any provision of this Ordinance, the Department shall give notice of such alleged violation. Such notice shall:
1. Be in writing.
2. Include a Statement of the reason(s) for its issuance which shall include a citation of the applicable Ordinance Section related to the violation.
3. Allow a period of time not to exceed ten (10) days to effect compliance with this Ordinance unless an extension of time has been granted by the Health Authority or the Public Health Ordinance specifically provides otherwise. Within said same ten (10) days, the responsible person or his designated agent shall have the right to seek, in writing, a review by the Health Authority for McHenry County of the action taken by its Enforcing Officer. The Health Authority shall provide a written response to that review within 10 business days of receipt.
4. Be served upon the owner, operator, occupant, licensee or permit holder, or his agent as the case may require; provided, that such notice or order shall be deemed to have been properly served upon such owner, operator, occupant or agent: when a copy thereof has been sent by registered or certified mail, or when such notice has been posted on the property where the violation exists, when such notice has been posted to the front door of the permit holder’s establishment, or by posting or leaving such notice at the owner’s, operator’s, occupant’s or permit holder’s residence or when personally delivered to the owner, operator, resident, permit holder or licensee or person in charge.
5. Contain an outline of remedial action, which, if taken, will effect compliance with the provisions of this Ordinance.
6. Explain the procedure for review or appeal of the alleged violation.
F. Extension of Time. Any person, firm or corporation affected by a notice which has been issued in connection with the enforcement of any provisions of this Ordinance, may request and shall be granted a time extension, by the Health Authority, when circumstances warrant such an extension and it is in harmony with the general purpose of this Ordinance to safeguard and secure the public health, safety and welfare.
G. Variations. When circumstances exist which make impractical full compliance with the requirements of this Ordinance, an applicant may request that the Health Authority grant a variation. Such request shall be made in writing, shall cite the relevant Article and Section numbers and shall accompany any other pertinent data which might support the request or which the Health Authority may require. An explanation of how the potential public health hazards and nuisances addressed by the relevant Sections of the Ordinance will be alternatively addressed shall be included. The Health Authority may grant the request for variance provided the variance does not conflict with the stated purpose of this Ordinance.
H. Suspension of Permits.
1. The Health Authority may suspend any permit authorized by this Ordinance, upon violation by the property owner or permit holder of any of its terms in the manner set forth in the following subsection:
2. Notwithstanding the provisions of this Ordinance, whenever the Health Authority finds conditions which in his judgment constitutes imminent danger to the public health, or the permit holder, owner or operator has ignored, neglected, or carelessly responded to notices to correct issued by the Department, or in any other way has blatantly jeopardized the public’s health by his manner of response to such notice, said Health Authority may without warning, notice or hearing, issue a written notice to the permit holder, owner or operator, citing such conditions and such order shall state the permit is immediately suspended and all operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but upon a written petition to the Board of Health, shall be afforded a hearing within ten (10) days.
I. Reinstatement of Suspended Permits. Any person whose permit has been suspended may, at any time, make application for a re-inspection for the purpose of reinstatement of the Permit. Within ten (10) days following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected, the Health Authority shall make a re-inspection. If the applicant is in compliance with the requirements of this Ordinance, the permit shall be reinstated.
J. Revocation of Permits. For serious or repeated violation of any of the requirements of this Ordinance, or for interference with the enforcing officer in the performance of his duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the Board of Health. Prior to such action, the Health Authority shall notify the permit holder in writing, stating the reasons for which the permit is subject to revocation and advising that the permit shall be permanently revoked at the end of five (5) days following service of such notice, unless request for a hearing is filed with the Board of Health, by the permit holder within such five (5) day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto.
K. Emergency Abatement. Whenever, in the judgment of the Department, an emergency exists which requires immediate action to protect the Public Health, safety, or welfare, a court order may be requested without notice, conference, or hearing, directing the owner, occupant, operator, or agent to take such action as is appropriate to correct or abate the emergency. All expenses involved in abatement shall be borne by the owner.
(Ord. O-201711-51-013, passed 11-14-2017)