[HISTORY: Adopted by the Borough Council of the Borough of Trafford as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 114.
Property maintenance — See Ch. 152.
[Adopted 7-11-2000 by Ord. No. 677]
As used in this article the following terms shall have the meanings indicated:
HEALTH OFFICER
Appointed by Borough Council, said officer shall have experience or training in public health work in accordance with rules and regulations established by the Advisory Health Board of the State Department of Health.
A. 
After the passage of this article, it shall be unlawful for any proprietor to conduct or operate a public eating or drinking place without first obtaining a license as herein provided. Such license shall be issued by the Health Officer of the Borough of Trafford. No license shall be issued until an inspection of the premises, facilities and equipment has been made by the Health Officer, and they are found adequate for the protection of the public health and the comfort of patrons. The fee of such license as defined herein shall be the sum as set forth by resolution of the Borough Council. The license shall be renewed annually.
B. 
Whenever any proprietor maintains more than one public eating or drinking place within said borough, he shall be required to apply for and procure a duplicate license for each additional eating or drinking place; such duplicate license, to be issued at an additional charge, shall be the sum as set forth by resolution of the Borough Council.
Any person owning or operating or desiring to operate a public eating or drinking place within the borough shall submit an application to said borough, which shall include the name and address of the applicant, together with all the other information deemed necessary. Before granting any license, the Health Officer shall visit and inspect the restaurant or premises in which the applicant conducts or proposes to conduct his business. The Health Officer may refuse to issue a license if the premises on which the applicant conducts or proposes to conduct his business or his equipment does not meet the appropriate state standards. The Health Officer shall state, in writing, to the applicant the reason for such refusal.
Licenses shall be granted for a period of one year from the date of issuance. Application for renewal shall be made one month before the expiration of the existing license.
The Health Officer of the Borough of Trafford may, on his/her own motion or on complaint, after an investigation and hearing at which the licensee shall be afforded an opportunity to be heard, suspend or revoke any license for any violation by the licensee or his partner, agent, servant or employee of the provisions of this article. Notice of suspension or revocation and the reasons therefor, as well as notice of the hearing, shall be given, in writing, to the licensee. Suspension of the license shall be terminated when the violation has been corrected. Whenever a license is suspended or revoked, no part of the fee paid therefor shall be returned.
A. 
Whenever the Health Officer determines that there are reasonable grounds to believe that there has been a violation of this chapter, notice of such alleged violation shall be given to the person or persons responsible therefor, as hereinafter provided:
(1) 
Such notice shall be served upon the owner or his agent, or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant, if a copy thereof is served upon him personally or if a copy thereof is posted in a conspicuous place in or about the premises affected by the notice or if he is served with such notice by any other method authorized or required under the laws of this state.
(2) 
Such notice shall require the owner to commence action in accordance with the terms thereof within 20 days of the date of the notice and thereafter to complete the work necessary to comply fully with the terms of the notice, as soon as is reasonable, but not later than 30 days from the date of said notice. The Health Officer may grant a request for a reasonable extension of time where he has evidence to believe that the responsible person is attempting to remove the alleged violation. However, no such extension of time may exceed a period of 90 days.
(3) 
The expense of said compliance shall be at the expense of the owner; provided, however, that if a violation requires immediate correction, such notice shall require the owner to immediately comply with the terms thereof.
B. 
Whenever the Health Officer determines an emergency exists which requires immediate action to protect the public health, safety, morals or general welfare, they may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as they deem necessary to meet the emergency, or revoke it.
]Amended 5-10-2005 by Ord. No. 702]
Any person who shall violate any provisions of this article shall, upon conviction, be punished by a fine of not less than $100 nor more than $1,000 and costs of prosecution. Each day's failure to comply with any such provisions shall constitute a separate violation. The imposition of the penalties herein prescribed shall not preclude the solicitor representing the borough from initiating, and she is hereby authorized to initiate, appropriate actions or proceedings at law or in equity to effect the purposes of this Code.