A. Powers and duties of the Department.
1. To make such inspections as are necessary to determine satisfactory compliance with this Ordinance.
2. To cause investigations to be made when a violation of any provision of this Ordinance is reported to the Department.
3. 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.
4. To institute or cause to be instituted emergency legal proceedings in the Circuit Court of McHenry County in cooperation with the State’s Attorney’s Office where a condition presents a substantial hazard to the public health. Upon a showing of good cause, the court shall grant such relief as is necessary under the circumstances to abate the hazard.
B. Violations.
1. Whenever the Health Authority determines, through inspections or other means, that
there is a violation of any provision of this Ordinance, the Health Authority shall give notice of such alleged violations. Such notice shall:
a. Be in writing; and
b. Include a statement of the reasons forming the basis for the issuance of the notice; and
c. Contain an outline of remedial action and allow a reasonable time to effect compliance with this Ordinance; and
d. Be served upon the owner, operator, or resident as the case may require, provided that such notice shall be deemed to have been properly served when the notice has been personally delivered or sent by registered or certified mail.
2. A “Health Violation” notice may be posted on the property indicating the following:
a. Date and time of inspection; and
b. Description of violation; and
c. Inspector’s name and telephone number.
C. Revocation or Suspension of Permit. The Department shall have the authority to revoke or suspend a permit when it is issued in error or where any provision of this Ordinance is violated. The reason for the revocation or suspension of a permit shall be posted in writing at the site or mailed to the applicant at the address provided in the permit application.
D. Penalty. Any person who violates this Ordinance or who violates any determination or order of the Health Authority under this Ordinance shall be guilty of a Class B misdemeanor punishable by incarceration in a penal institution other than the penitentiary, not to exceed six (6) months, and/or a fine not less than $100 nor more than $500.
E. Each day’s violation constitutes a separate offense. The McHenry County State’s Attorney shall bring such action as he deems appropriate in the name of the Department.
F. Invalidity. Should any section, clause or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid.
G. Conflicting Ordinances. In any case where a provision of this Ordinance is found to be in any conflict with a provision of any zoning, building, safety or health Ordinance or Code in force or adopted subsequent to the effective date of this Ordinance, the more stringent provision, as determined by a court of competent jurisdiction, shall prevail.
H. Effective Date. This Ordinance shall be in full force and effect from the date of its adoption.
(Ord. O-201711-51-031, passed 11-14-2017)