(A) The Health Department is hereby authorized to establish a process and promulgate rules for the issuing of tickets based on violation of Indiana Code, as set forth in I.C. 16-42-5-28. The Health Department shall establish a schedule of penalties adopted by the Indiana State Department of Health pursuant to I.C. 16-42-5-28. In any event, the fine for violation shall not exceed the sum of $1,000 for each violation, per day.
(B) The Health Officer may issue an "order to abate" based on a condition that may transmit, generate, or promote disease. Failure on the part of the operator to comply with the order could result in the enforcement of the order in the court of jurisdiction by the initiation of an action by the County Attorney or County Prosecuting Attorney. Enforcement of order before a court may include a request for any available legal or equitable remedy, including injunction, revocation of a permit, fines and payment of the Department's attorney's fees and costs.
(C) If the action concerning public health is an ordinance violation, the Health Officer may request the County Attorney or County Prosecuting Attorney to institute a proceeding in the courts for the enforcement of the ordinance violation.
(D) If the action concerning public health is a criminal offense, the Health Officer may request the County Attorney or County Prosecuting Attorney to institute a proceeding in the courts for enforcement pursuant to I.C. 16-20-1-25 (c).
(Ord. 2016-8, passed 11-7-2016)