A. Food may be examined or sampled as often as necessary by the Village Sanitarian or his/her licensed designee for the purpose of determining compliance with this chapter. The Village Sanitarian may, upon written notice to the owner or person in charge, specifying the reasons therefor, place a hold order on any food that he/she believes is improperly labeled or adulterated or is in violation of any other section of this chapter. The Village Sanitarian shall tag, label or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served or moved from the establishment. The Village Sanitarian shall license storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for a hearing may be filed pursuant to Section 8.12.090. On the basis of the evidence produced at the hearing, the hold order may be vacated, or the owner or person in charge may be directed by written order to denature or destroy such food or bring it into compliance with the provisions of this chapter. If food is to be destroyed, such action shall be taken under the supervision of the Village Sanitarian.
B. Where equipment used in the preparation of food products is found to be in a state of disrepair, unsafe, unsuitable for use, or unsanitary, such equipment shall be taken out of use and a hold order placed on such equipment by the Village Sanitarian. Such equipment may not be put back into service until written permission is obtained from the Village Sanitarian or a court of competent jurisdiction. It shall be unlawful for any person to move or alter a hold order, notice or tag placed on equipment by the Village Sanitarian. Such equipment shall not be altered, disposed of or destroyed without permission from the Village Sanitarian except on an order of a court of competent jurisdiction. After the owner or person in charge has been afforded a hearing, and on the basis of evidence produced at such hearing, or on the basis of examination in the event that a written request for a hearing is not received within ten (10) days, the Village Sanitarian may vacate the hold order or may, by written order, direct the owner or person in charge of the equipment which was placed under the hold order to remove such equipment or bring it into compliance with the provisions of this chapter. Such order shall be stayed if the order is appealed to a court of competent jurisdiction within three (3) days.
(MC-1-2004, Amended, 01/20/2004)