The Department has determined that one of the most efficient methods of encouraging compliance with ordinances to protect the public health is to assess civil penalties (fines) for violators of laws intended to suppress disease and minimize health risks. For purposes of tracking violations and imposing fines under this chapter the Department shall maintain inspection records for not less than one year from the date of any inspection conducted consistent with this chapter. No fine is payable the first time a violation is noted within any one-year period. For a second or subsequent violation of this chapter within any one-year period, a civil penalty is payable as provided in this chapter.
(A) The following civil penalties (fines) shall apply for a violation of this chapter which reoccurs for a second or subsequent time within any one-year period:
(1) The second time the same violation is determined within any one-year period, there will be a fine of $50.
(2) The third (and subsequent) time the same violation is determined within any one-year period, there will be a fine of $100.
(B) Each day after the expiration of the time limit for abating any violation of this chapter or completing other actions as ordered by the Tippecanoe County Health Department or the Health Officer, shall constitute a distinct and separate offense.
(C) All fines shall be payable in full within 30 days of assessment, unless otherwise ordered by the Hearing Officer. Failure to pay fines by the due date will result in an additional 10% late fee. No permit is to be issued or renewed, even if the permittee or operator subsequently acquire its interest in the pool or spa, until all fines associated with the pool or spa have been paid in, full. Any fines and late fees may be collected in any manner provided herein or as provided by law including any law for collection of debts, along with attorney fees incurred to collect said amounts owing and with all costs of collection.
(D) Any assessment of a civil penalty by this chapter is subject to the right of appeal and a public hearing which will be scheduled, conducted, and concluded as provided in this chapter. Any request for an appeal shall be filed in writing with the Health Officer within ten days of assessment of the civil penalty.
(Ord. 2018-16-CM, passed 9-17-18)