(A) Application denial. If an application for a plan review and/or permit to operate a bed and breakfast establishment, retail food establishment, and/or temporary food establishment is denied, the County Health Department shall provide the applicant with a notice that includes:
(1) The specific reasons and rule citations for the application and/or permit denial;
(2) The actions, if any, that the applicant must take to qualify for the application and/or permit; and
(3) Advisement of the applicant’s right of appeal, and the process and timeframes for appeal that are provided in law.
(B) Permit suspension. The County Health Department may suspend a permit to operate a bed and breakfast establishment, retail food establishment, and/or temporary food establishment if it determines through inspection, or examination, of employees, food, records, or other means as specified in this chapter, that an imminent health hazard exists.
(C) Ceasing operation and contacting the County Health Department.
(1) An operator of a bed and breakfast establishment, retail food establishment, and/or temporary food establishment shall immediately discontinue operations and notify the County Health Department if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health.
(2) An operator need not discontinue operations in an area of an establishment that is unaffected by the imminent health hazard.
(D) Resuming operation. If a bed and breakfast establishment, retail food establishment, and/or temporary food establishment has discontinued operations for the reasons stated above, or otherwise according to law, the operator must obtain approval from the County Health Department before resuming operations.
(E) Outstanding fees. Any outstanding fees may be a condition upon which a permit may not be issued.
(F) Enforcement options. The County Health Board has available to it the remedies as set forward, and shall determine the method of enforcement from the following alternatives (see I.C.16-42-5-28(g)).
(1) The County Health Officer, or designee, may issue a ticket or tickets based on violation of the retail food establishment and/or bed and breakfast establishment requirements (see I.C. 16-42-5-28(g) and I.C. 33-33-36 for guidance; see also § 110.07 to ensure that due process is followed).
(2) Conduct administrative proceeding for suspension and/or revocation of the bed and breakfast establishment, retail food establishment, and/or temporary food establishment permit in front of a hearing officer (see § 110.07 to ensure that due process is followed).
(3) 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 § 110.07 to ensure that due process is followed).
(4) If the action concerning public health is a chapter violation, requests to the County Attorney or County Prosecuting Attorney to institute a proceeding in the courts for the enforcement of the chapter violation (see I.C. 34-28-5-1).
(5) If the action concerning public health is a criminal offense, request the County Attorney or County Prosecuting Attorney to institute a proceeding in the courts for enforcement (see I.C. 16-20-1-25(c)).
(Ord. 2006-1, passed 5-1-2006)