(A) (1) The County Health Officer may issue an “order to abate” based on a condition that may transmit, generate or promote disease.
(2) 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 § 110.115 of this chapter to ensure that due process is followed.)
(B) If the action concerning public health is an ordinance violation, the County Health Department will request the County Attorney or County Prosecuting Attorney to institute a proceeding in the courts for the enforcement of the ordinance violation. (See I.C. 34-28-5-1.)
(C) If the action concerning public health is a criminal offense, the County Health Department will 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. 2015-3-2, passed 3-2-2015)