(A) Frequency of inspection. At least once each 3 months the Health Officer shall inspect each restaurant for which a permit is required under the provisions of this subchapter.
(B) Procedure when violations noted. If during the inspection of any restaurant the Health Officer discovers the violation of any of the sanitation requirements in § 110.24 of this subchapter, he or she shall issue a written order listing the violations to the proprietor or, in his or her absence, to the person in charge, and fixing a time within which the proprietor of the restaurant shall abate and remedy the violations. A copy of the written order shall be filed with the records of the Health Department.
(C) Authority to inspect and to copy records. The person operating the restaurant shall, upon the request of the Health Officer, permit the Health Officer or his or her authorized representative access to all parts of the restaurant and shall permit copying any or all records relative to the enforcement of this subchapter.
(D) Final inspection; prosecution or hearing for violators. If upon a second and final inspection the Health Officer finds that the restaurant, person, or employee is violating any of the provisions of this subchapter which were in violation on the previous inspection, and concerning which a written order was issued, the Health Officer shall furnish evidence of the violation to the prosecutor having jurisdiction in the town in which the violation occurs, and he or she shall prosecute all persons violating the provisions of this subchapter, or the Health Officer may promptly issue a written order to the permittee of the restaurant to appear at a certain time, no later than 10 days from the date of final inspection, and at a place in the county fixed in the order to show cause why the permit issued under the provisions of § 110.21 should not be revoked.
(E) Revocation of permit. The Health Officer, upon the 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 Health Department.
(F) Suspension of permit. Any permit issued under this subchapter may be temporarily suspended by the Health Officer without notice or hearing for a period of not to exceed 30 days, for any of the following reasons:
(1) Insanitary or other conditions which, in the Health Officer’s opinion, endangers the public’s health; and/or
(2) Interference with the Health Officer or any of his or her authorized representatives in the performance of their duties; provided, however, that upon written application from the permittee, served upon the Health Officer within 15 days after the suspension, the Health Officer shall conduct a hearing upon the matter after giving at least 5 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 registered or certified mail to the address.
(G) Reinstatement of permit. Any person whose permit has been suspended may at any time make application to the Health Officer for the reinstatement of his or her permit.
(1992 Code, § 4-36) (Ord. 241, § 6, passed - -1973) Penalty, see § 110.99