(A) Application denial. If an application for a plan review and/or permit to operate a bed and breakfast establishment and/or food establishment is denied, the Wayne 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 time frames for appeal that are provided in law.
(B) Permit revocation. The Wayne County Health Department may revoke a permit to operate a bed and breakfast establishment and/or food establishment for a time period not to exceed 90 calendar days. If the permit has been revoked in the past and a clear demonstration of non-compliance is demonstrated by the permit holder then the permit may be revoked for a longer period of time as determined by the Health Officer.
(C) Permit suspension. The Wayne County Health Department may suspend a permit to operate a bed and breakfast establishment and/or food establishment if it determines through inspection, or examination of employee, food, records, or other means as specified in this chapter, that an imminent health hazard exists. A suspension shall not exceed 30 calendar days. The permit may be suspended for a longer period of time as determined by the Health Officer.
(D) Ceasing operation and contacting the Wayne County Health Department.
(1) An operator of a bed and breakfast establishment and/or food establishment shall immediately discontinue operations and notify the Wayne 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.
(E) Resuming operation. If a bed and breakfast establishment and/or food establishment has discontinued operations for the reasons stated above or otherwise according to law, the operator must obtain approval from the Wayne County Health Department before resuming operations.
(F) Outstanding fees. Any outstanding fees and fines owed to the Wayne County Health Depmiment shall be paid prior to the issuance of a permit.
(G) Enforcement options. The following are options available to Wayne County Health Depmiment for consideration:
(1) Establish a process for the issuing of tickets based on violation of the food establishment and/or bed and breakfast establishment requirements (see I.C. 16-42-5-28(g)). (See also § 110.07, Appeals, to ensure that due process is followed.) The Wayne County Health Department will document and issue violations of the Indiana Food Code on State Form 48669 (R2/2-05), Retail Food Inspection Report. A report copy will be provided to the retail food establishment owner/manager, and a copy will be stored at the Wayne County Health Department. The Wayne County Health Department may set dates and times to check compliance on documented violations.
(2) Conduct administrative proceeding for suspension and/or revocation of the bed and breakfast establishment and/or food establishment permit in front of the Health Officer. (See § 110.07 to ensure that due process is followed.) If a food establishment and/or bed and breakfast has a documented violation(s) and fails to be compliant with the Wayne County Health Department's orders, the Wayne County Health Department has the authority to suspend or terminate the establishment's operating permit after administrative proceedings have been held with the Health Officer and/or Executive Director.
(3) The Wayne 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 an ordinance violation, request the county attorney or county prosecuting attorney to institute a proceeding in the comts for the enforcement of the ordinance 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. 2021-011, passed 9-8-2021)