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(A) If, during the inspection of any facility, the Health Officer discovers the violation of any provision of this chapter, he or she shall issue a written report listing such violations and the remedial action(s) to be taken. A copy of the report shall be delivered to the permittee and/or licensee by hand delivering the report to him or her on-site, or mailing the notice by certified mail to the address listed by the permittee and/or licensee as his, her or its mailing address on the permit application.
(B) A copy of the written order shall be filed in the records of the Department after appropriate review by supervisory personnel and then shall be made available to the public.
(Ord. G-10-15, passed 4-15-2010)
The Health Officer may order the suspension or revocation of any permit or license issued for a facility or artist, which order shall include the prohibition of any further operation for the following reasons:
(A) Interference with the Health Officer, or his or her authorized representatives, in the performance of his or her duties. Interference shall be defined as the process of obstructing, hampering or blocking the Health Officer in the performance of his or her duties.
(B) As a result of the willful and/or continuous violation of any provision of this section.
(Ord. G-10-15, passed 4-15-2010)
(A) Except as set forth in division (B), no suspension or revocation shall be ordered by the Health Officer except after a hearing held pursuant to § 122.23(A).
(B) Notwithstanding the provisions of division (A), whenever the Health Officer, or his or her authorized representatives find unsanitary or other conditions, involving the operation of any facility or artist which, in his or her reasonable belief, constitutes an imminent health hazard, he or she shall without notice or hearing, issue and serve a written order upon the permittee or licensee requiring the immediate closure of its operations, shall cite the existence of said unsanitary conditions and shall specify the corrective actions to be taken.
(1) Such order shall be effective immediately.
(2) Upon written request to the Health Officer, the permittee or licensee shall be afforded a hearing on the next business day as set forth in § 122.23(A).
(3) The Health Officer shall make a reinspection upon the request of the permittee or licensee. When the Health Officer determines that the necessary corrective action(s) have been taken, operation of the facility may be resumed.
(Ord. G-10-15, passed 4-15-2010)
(A) All hearings required under this section, except those set forth in § 122.24(A), shall be held only upon at least ten days’ written notice to the permittee or licensee of time, place and nature thereof. The notice of hearing shall be served upon the permittee or licensee by leaving, or mailing by certified mail, the notice to the address listed on the permit application as the permittee’s or licensee’s mailing address or such other address as the permittee or licensee shall designate in writing to the Health Officer.
(B) At any hearing required under this chapter, the Hearing Officer shall be the Health Officer or the Health Officers designee. Every person who is a party to such proceedings shall have the right to submit evidence, to cross-examine witnesses and to be represented by legal counsel. All such hearings shall be conducted in an informal manner, but irrelevant, immaterial or unduly repetitive evidence may be excluded.
(C) Upon the conclusion of such hearing, the Hearing Officer shall enter a final order, subject to the right of appeal in accordance with § 122.24(A).
(Ord. G-10-15, passed 4-15-2010)
(A) Any permittee or licensee aggrieved by any final order of the Health Officer shall be entitled to a review of the final order before the Floyd County Board of Health (Board) by filing a written request therefore with the Secretary of the Board within 15 days after such final order is issued.
(B) Upon the Health Officer’s receipt of such request, the Board shall hear the matter de novo in an open hearing after at least ten days’ written notice of the time, place and nature thereof. (The Health Officer and permittee or licensee may agree to a shorter period of time, if requested by either party.) The notice shall be issued by the Secretary of the Board to the permittee or licensee filing the request.
(C) The notice of hearing shall be served upon the permittee or licensee by leaving or mailing by certified mail, the notice to the address listed on the permit application as the permittee’s or licensee’s mailing address or such other address as the permittee or licensee shall designate in writing to the Secretary of the Board.
(D) At such hearing, the same rules of procedure shall apply as set forth in § 122.23(B), provided, that upon written request by the permittee/licensee or the Health Officer, the Board shall cause the proceedings before it to be recorded by a reporter employed for such purpose, and the same, together with all papers and documents filed therein, shall, at the request of either party, be reproduced by said Board in the form of a transcript, a copy of which shall be available to any party.
(E) The expense of such proceedings shall be charged to the permittee/licensee who applied for the review, except that copies of transcripts shall be at the expense of the party requesting the same. At the time the transcript is requested, the Board may require the permittee/licensee to pay a deposit in an amount determined by the Board to be necessary to secure such expense(s).
(F) The Board shall make written findings of facts and shall enter its final order or determination of the matter in writing.
(Ord. G-10-15, passed 4-15-2010)
It shall be the duty of the Health Officer to enforce the provisions of this chapter. Any permit or license issued in conflict with the provisions of this chapter shall be null and void. A violation of an order issued by the Health Officer or Board shall be considered to be a violation of this chapter.
(Ord. G-10-15, passed 4-15-2010)
Whenever the Health Officer determines that any facility/artist or any other person, is in willful violation of any of the provisions of this chapter, the Health Officer shall furnish evidence of said willful violation to the Prosecuting Attorney of Floyd County, Indiana or the attorney for the Board who shall seek all appropriate legal remedies against the person(s) violating said provisions of this chapter.
(Ord. G-10-15, passed 4-15-2010)
(A) Prohibiting of any medical procedures; but not limited to tongue splitting, tattoo removal, and uses of anesthesia.
(B) Home tattoo parties and mobile tattoo parlor.
(Ord. G-10-15, passed 4-15-2010) Penalty, see § 122.99
The Health Officer may bring an action for an injunction in the Circuit or Superior Court of Floyd County, Indiana, to restrain any person from violating the provisions of this chapter, to cause such violation(s) to be prevented, abated or removed.
(Ord. G-10-15, passed 4-15-2010)
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