(A) Application denial. If an application for a plan review and/or permit to operate a bed and breakfast establishment, food establishment and/or temporary food establishment is denied, the Boone 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 Boone 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 If the permit has been revoked in the past and a clear demonstration of non-compliance is demonstrated by the permit holder then the permit may be revoked for a longer period of time as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 Boone 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 Boone County Health Department.
(1) An operator of a bed and breakfast establishment and/or food establishment shall immediately discontinue operations and notify the Boone 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 food- borne illness outbreak, gross unsanitary 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 have discontinued operations for the reasons stated above or otherwise according to law, the operator must obtain approval from the Boone County Health Department before resuming operations.
(F) Outstanding fees. Any outstanding fees may be a condition upon which a permit may not be issued.
(G) Enforcement. The Boone County Health Department may:
(1) 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;
(2) The Boone 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;
(3) If the action concerning public health is an ordinance violation, request the County Attorney or County Prosecuting Attorney to institute a proceeding in the courts for the enforcement of the ordinance violation; and
(4) 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.
(Ord. 2006-15, passed 12-4-2006)
Statutory reference:
Similar provisions, see I.C. 16-20-1-25 and 34-28-5-1