When the building official has determined that a violation of
this article has occurred or is occurring, the following remedies
are available to the regulatory authority. The remedies provided for
in this section or elsewhere in this article are not exclusive. The
regulatory authority may take any, all, or any combination of these
actions against a violator, consecutively or concurrently:
(1)
Issuance
of a warning notice, verbal or written;
(2)
Issuance
of one or more citations;
(3)
Emergency
closure/suspension order;
a
Post
and maintain a placard at the entrance of the food establishment,
notice of the conditions therein, or to require the owner, operator,
or person in charge of the establishment to maintain the placard at
the entrance that this establishment is closed;
b
To suspend
without delay its food establishment permit.
(4)
Conditions
which warrant the actions authorized include but are not limited to
loss of electrical power, interruption of water service, sewage backing
up into the establishment, serious lack of sanitation, or catastrophic
occurrence.
(5)
The
owner, operator, or other person in charge of the establishment will
be given written notice of the reason for the closure and/or suspension.
(6)
Upon
receipt of the notice, the food establishment shall immediately cease
food operations.
(7)
A person
commits an offense if the person engages in food operations in an
establishment which has been closed or had its license suspended pursuant
to this section.
(8)
A person
commits an offense if the person removes or tampers with any notice
posted pursuant to subsection.
(Ordinance 1524, 3-26-02)
(a)
Health
services may, without warning, notice or hearing, suspend any permit,
license or certificate to operate a food service establishment if
the holder of the permit, license or certificate has failed to comply
with the requirements of these rules; and such noncompliance constitutes
a hazard to public health. Health services may end the suspension
at anytime if the reason for suspension/emergency closure no longer
exists.
(b)
If an
imminent health hazard exists, such as complete lack of refrigeration
or sewage backup into the establishment, the establishment shall immediately
cease food service operations. Operations shall not be resumed until
authorized by health services.
(Ordinance 1524, 3-26-02)
(a)
Notification
of right to hearing.
When a notice of suspension is given
the holder of the permit or certificate or the person in charge (should
said person not agree with the findings of the inspection report);
then said person must submit a petition in writing requesting a hearing.
If no written request for hearing is filed within ten days of receipt
of the notice of suspension, the permit or certificate will be suspended.
Health services may end the suspension at any time if reasons for
suspension no longer exist.
(b)
In its
petition, the petitioner shall indicate the provisions of the action
objected to, and the reasons for the objection(s), any facts that
are contested, the evidence that supports the petitioner’s view
of the facts, and whether the petitioner requests a hearing on its
petition.
(c)
Hearings.
The hearings provided for in this chapter shall be conducted
by the city manager who will designate the time and place for the
hearing. Based upon the recorded evidence of such hearings: the city
manager shall make a finding and shall sustain, modify or rescind
any notice or order considered in the hearing.
(d)
This
hearing shall be deemed to exhaust the administrative remedies of
the person aggrieved.
(Ordinance 1524, 3-26-02)
