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.
(9) 
A violation of any of the terms or requirements of this article shall be treated as a violation of an ordinance governing fire safety, zoning or public health and sanitation, subject to enhanced penalties under chapter 1, general provisions, section 1-12 of this Code.
(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.
(e) 
A violation of any of the terms or requirements of this article shall be treated as a violation of an ordinance governing fire safety, zoning or public health and sanitation, subject to enhanced penalties under chapter 1, general provisions, section 1-12 of this Code.
(Ordinance 1524, 3-26-02)