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§ 124.03 PERMIT AND FEE REQUIREMENTS.
   (A)    Permit. It shall be unlawful for any person to operate a public/semi-public swimming pool, wading pool, spa, or hot tub in Floyd County who does not possess a valid permit from the Health Officer. The permit shall be posted in a conspicuous place on the premises of the swimming pool, wading pool, spa, or hot tub. Only persons who comply with the applicable provisions of the chapter shall be entitled to receive and retain a license.
      (1)   The permits shall be for a term of one year, to be renewed annually on or prior to April 30.
      (2)   Any permit issued by the Health Officer shall contain the name and address of the person to whom a license is issued and other data as the Health Officer deem necessary.
   (B)   Permit fees. Public/semi-public swimming pools, wading pools, spas or hot tubs operating less than six months per year shall pay to the Floyd County Health Department, a license fee of $30 per pool, spa, wading pool, hot tub, and the like, each year, submitted with the initial or annual permit renewal application, due on or before April 30.
      (1)   All license fees shall be payable on or before April 30, and shall be subject to the addition of a late penalty charge of $30 per pool, if submitted after the permit expiration date of that year.
      (2)   Public/semi-public swimming pools, wading pools, spas and hot tubs operating year round, or for periods of six months or longer in Floyd County shall pay the Floyd County Health Department, a permit fee of $60 each year per pool, spa, wading pool, hot tub and the like. All license fees shall be payable on or before April 30, and shall be subject to the addition of a late penalty charge of $60 per pool, if submitted after the permit expiration date of that year.
      (3)   Tax supported units of government and schools shall be exempt from the payment of the above-described fees.
(Ord. G-13-01, passed 1-7-2013)
§ 124.04 INSPECTION OF POOLS AND SPAS.
   (A)   Authority to inspect and to copy records. The person operating or owning any public pool, semi-public pool and/or spa in Floyd County shall, upon the request of the Health Officer, permit the Health Officer or his or her authorized representative access to all pool and/or spa facilities and shall permit the Health Officer or his or her authorized representative to collect evidence and/or exhibits and to copy any and all records relative to the enforcement of this chapter.
   (B)   Inspection of facilities. The Floyd County Health Officer and/or his or her designated representative shall implement a regular program of inspecting facilities permitted under this chapter. If upon an inspection, the Health Officer or his or her designated representative finds that the permitted facility is violating any of the provisions of this chapter, then and in that event, the Health Officer or his or her designated representative may promptly issue a written order to the permittee of the facility to appear at a certain time, no later than ten days from the date of the second inspection, and at a place in Floyd County fixed in the notification to show cause why the permit issued under the provision of this chapter should not be revoked. The Health Officer upon such hearing if the permittee should fail to show cause, shall revoke the permit and promptly give written notice of the action to the permittee. The Health Officer shall maintain a permanent record of his or her proceedings filed in the office of the Floyd County Health Department.
   (C)   Suspension of permit.
      (1)   Any permit issued under this chapter may be temporarily suspended by the Health Officer without notice of hearing for a period not to exceed 30 days, for any of the following reasons pursuant to 410 I.A.C. 6-2.1-43:
         (a)   Unsanitary or other conditions which in the Health Officer's opinion endanger the public health;
         (b)    Interference with the Health Officer or any of his or her authorized representatives in the performance of their duties;
      (2)   Provided, however, that upon written application from the permittee, served upon the Health Officer with 15 days after the suspension, the Health Officer shall conduct a hearing upon the matter after giving at least five days written notice of the time, place and purpose thereof to the suspended permittee, provided further, that any suspension order shall be issued by the Health Officer in writing and served upon the permittee by leaving a copy at his or her usual place of business or by delivery of certified or registered mail to such address. Any person whose permit has been suspended may at any time make application to the local Health Officer for the reinstatement of his or her permit.
(Ord. G-13-01, passed 1-7-2013)
§ 124.99 PENALTY.
   Upon finding a violation of this chapter, the violator shall be punished for the first offense by a fine of not more than $500, for the second offense by a fine of not more than $1,000, and for a third offense and each subsequent offense by a fine of note more than $2,500. Each day of operation of a permitted facility in violation of this chapter or after the expiration of the time limit for abating unsanitary conditions or in completing improvements or any other violations as described in 410 I.A.C. 6-2.1-1 et seq. to abate the conditions as ordered by the Health Officer shall constitute a distinct and separate offense.
(Ord. G-13-01, passed 1-7-2013)