(A) The Health Inspector may inspect each food establishment whatever frequency the Health Inspector determines appropriate, under the provisions of this ordinance and the Indiana Code and applicable regulations.
(B) The person operating the food establishment or mobile food establishment shall, upon the request of the Health Inspector, permit the Health Inspector access to all parts of the food establishment or mobile food establishment and shall permit the Health Department to collect evidence and exhibits, and to copy any or all records relative to the enforcement of this chapter.
(C) If during the inspection of any food establishment the Health Inspector discovers the violation of any of the requirements of this chapter or the Indiana Code, a written inspection report listing the violations shall be issued to the proprietor or, in his or her absence to the person in charge, and fixing a time within which the proprietor of the food establishment shall abate and remedy the violations. A copy of the written inspection report shall be filed with the records of the Health Department. In addition, the Health Inspector may order the temporary suspension of any license in accordance with the terms of § 111.05.
(D) If, upon a return inspection, the Health Inspector finds that the food establishment, person or employee is in violation of any of the provisions of this chapter which were in violation on the previous inspection, and concerning which a written inspection report was issued, the Health Inspector may elect one of the following remedies:
(1) Issue an immediate temporary suspension of his, her or their license pursuant to the terms of § 111.05;
(2) Issue a written citation and assess a fine for each continuing violation. Each day of operation in violation of the provisions of this chapter shall constitute a distinct or separate offense. Upon correction of the repeated violation the County Health Department must be notified so the fine does not continue to accrue;
(3) Issue a written order to the owner of the food operation to appear at a certain time, no later than ten days from the date of inspection, and at a place in the county fixed in the order to show cause why the license issued under the provision of § 111.01 should not be revoked; and
(4) Furnish evidence of the violation(s) to the County Prosecutor, for prosecution of violations of the provisions of this chapter.
(E) If at the administrative hearing, the owner or person in charge should fail to show cause as to why his or her license should not be suspended or revoked, the Health Department shall suspend or revoke the license of the food establishment of the action to the owner or person in charge. The Health Department shall maintain a permanent record of its proceedings which shall be filed in the office of the Health Department.
(Ord. O-C-02-4, passed 10-7-2002) Penalty, see § 111.99