(A) Repeat major violations.
(1) The first time an establishment receives two consecutive repeat major violations, the owner/manager will be notified by letter. The purpose of the letter is to make the establishment aware of their repeat major violation(s) and the civil penalties rule (410 I.A.C. 7-23) and specific fines that may be applied if the problem(s) persist. The establishment will also be put on routine monthly inspections until the violation(s) are corrected.
(2) When an establishment receives the third consecutive repeat major violation the owner/operator will be called in for a conference with the Environmental Health Specialist and the Supervisor of the Environmental Division to discuss the violation(s). At this time, the establishment will be fined according to the civil penalties rule (410 I.A.C. 7-23).
(B) Order to abate. The County 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. (See I.C. 16-20-1-25; see also § 111.077 to ensure that due process is followed.)
(BC Ord. 2005-16, passed 11-21-2005)