A Board of Health shall be established and organized
in a manner prescribed by the Council of the City of Easton.
A.
The Public Officer designated by the Board of Health
and approved by Council shall be responsible for the administration
and enforcement of this chapter.
B.
In the performance of his duties the Public Officer
shall have the authority and power of a policeman of the City.
C.
The Public Officer if so authorized by the Board of Health may delegate to any other properly qualified officer or employee of the Board any power or duty vested in him by this chapter, except that the Public Officer may not delegate his power or duty to issue regulations pursuant to § 444-170.
[Amended 6-27-2018 by Ord. No. 5646]
No person shall willfully resist, obstruct,
abuse or interfere with the Public Officer or any of his authorized
agents engaged in the execution of his duties.
A.
The Public Officer is hereby authorized to make, adopt
and issue such written rules and regulations setting forth such standards,
conditions and other specifications as he deems advisable for the
proper interpretation and enforcement of the provisions of this chapter,
with approval of the Board. The rules and regulations may include,
but shall not be limited to, any matter covered in this chapter.
B.
The rules and regulations shall not be in conflict
with the provisions of this chapter or with any other ordinance of
the City, state or federal government.
C.
The rules and regulations shall have the same force
and effect as the provisions of this chapter, and the penalty for
their violation shall be the same as the penalty for the violation
of the provisions of this chapter.
D.
The Public Officer shall, 30 days prior to the issuance
of any rules and regulations, cause to have printed and advertised
in accordance with the Third Class City Code such rules and regulations.
These shall be readily accessible to the public in the office of the
City Clerk.
E.
A copy of all rules and regulations issued by the
Public Officer shall be kept on file in the office of the City Clerk.
A.
Subject to the limitations of the Constitution of
the United States and of the Commonwealth of Pennsylvania and the
Third Class City Code and in order to carry out the purpose and provisions
of this chapter, the Public Officer or any other authorized officer
or employee of the Board upon showing proper identification of office,
may enter, examine, survey and inspect any establishment, place or
other interpreted grounds or premises or parts thereof, and all persons
working and equipment used in or in connection therewith and any truck,
wagon or other vehicle used in transporting, selling or handling food
at all reasonable times and in an emergency at any time and as often
as he or any of them deem necessary.
B.
The Public Officer is also authorized to require any
reports or take any samples necessary to carry out the provisions
of this chapter.
C.
Where the Board is satisfied that any other governmental
or private agency or industry requires compliance with standards which
are at least equivalent to comparable City standards, that their inspection
service is effective, that an acceptable level of compliance is maintained
and that such compliance is required by inspectors approved by the
Board, it may accept the result of such inspections in lieu of making
its own inspections.
D.
It is hereby declared to be the policy of Council
that the Board shall cooperate with state and federal inspection agencies,
that duplication of inspection shall be avoided wherever feasible
and consistent with the protection of the public health of the City,
and that reciprocity between and augmentation of existing inspection
services shall be encouraged.
E.
The Public Officer may coordinate his inspections
with any other inspection services of the City.
A.
The Public Officer and each of his agents shall wear
or carry a badge or other identification while in the performance
of his official duties. It shall be unlawful for any person, except
the Inspectors herein provided for, to have in possession, keep or
use any equipment, mark or badge provided for and used by Inspectors
in the execution of their duties.
B.
The Public Officer and each of his agents shall be
furnished with all supplies necessary to make inspections efficiently.
Expense incurred while in the discharge of their duties shall be paid
by the City.
A.
The Public Officer shall submit all applications for
licenses to the License Clerk of the City and, where deemed necessary
by the Public Officer, to the Chief of Police, Fire Inspector, Building
Inspector, Zoning Administrator or any other inspection official before
approving them.
B.
Upon disapproval of any of the above, the Public Officer
shall refuse to approve the application. In the event of an appeal
by the applicant, a hearing shall be held before the Board, at which
all of the above officials who have disapproved the application shall
be present and shall present the reasons for their disapproval.
C.
If the application for a license is for an existing
business establishment or other use, upon rejection of an application
the Public Officer shall immediately order the discontinuance of the
business establishment or other use of the area, premises, building
or structure with signs giving notice thereof and shall notify the
Chief of Police that the starting or continuance of the business in
that place is forbidden.
D.
No person shall knowingly make to or file with the
Board or the Public Officer any false return, statement or report
relative to any matter concerning which a report or return may be
legally required of or should be made by such person. No person shall
make any false, untruthful or misleading statement in any application
to or filed with the Board or the Public Officer for a license, health
certificate or for any purpose for which an application may be required.
E.
The License Clerk of the City shall not issue any
license for the operation of any business, establishment or other
use subject to this chapter under the licensing jurisdiction of the
City until an approved copy of the licenses and health certificates
of all employees concerned, if such licenses or health certificates
are required by this chapter, have been received by him from the Board
on such forms as are prescribed by the Board.
A.
All licenses issued at any time during the year before
the period of renewal as required in this chapter shall be renewable
upon that date.
B.
All applications shall be made to the Health Bureau.
[Amended 11-17-2004 by Ord. No. 4599]
D.
Licenses may be revoked by the Public Officer for
any violation of the laws of Pennsylvania concerning health, the regulations
of the Pennsylvania Advisory Board of Health, this chapter or of the
agreement contained in the application for the license, except licenses
authorized by resolution of the Board.
E.
The Board shall not issue any license unless:
(1)
The fee prescribed by this chapter is paid. Such fee
shall be in addition to any other fees required by the City, county,
state or federal government.
(2)
Such information and/or records as this chapter may
require are furnished.
(3)
Such inspection as may be required by this chapter
has been made.
(4)
The person applying therefor and/or the business,
establishment, food or use for which such license or health certificate
is sought complies in every respect with this chapter.
F.
All licenses shall be conditioned upon continued compliance
with this chapter.
A.
Whenever the Public Officer determines that there
has been a violation of any provision of this chapter or of any rule
or regulation issued by him thereunder, he shall give notice of the
alleged violation in the manner provided in this section to the person
or persons responsible for compliance under this chapter.
C.
The notice shall be served upon the person responsible
as follows:
(1)
By handing a copy to him personally or by handing
a copy to the persons designated in Title 231, Pennsylvania Code,
Rule 1009 (b)(2) of the Rules of Civil Procedure promulgated by the
Supreme Court of Pennsylvania; or if service cannot be accomplished
in this manner;
(2)
By sending a copy to his last known address by certified
mail, postage prepaid, accompanied with a request for a return receipt;
or if service cannot be accomplished in this manner;
(3)
By posting a copy in a conspicuous place in or about
the establishment.
A.
If, at the expiration of the time accorded for compliance
per § 444-165B(3), the violation has not been corrected,
the Public Officer shall make an official finding of violation and
certify such finding to the Board, which shall forthwith suspend or
revoke such license or health certificate as the case may warrant.
The Board shall also notify the License Clerk, who shall immediately
revoke any license issued by him.
B.
Any person whose license or health certificate has
been suspended or revoked shall, in addition thereto, be liable to
the penalties and/or other remedial action prescribed by this chapter.
C.
Any person who receives a notice or who after failure to comply with a notice has his license or health certificate suspended or revoked has the right of appeal to the Board. Such shall comply with § 444-177.
[Amended 6-27-2018 by Ord. No. 5646]
D.
While an appeal for the revocation of any license
or health certificate herein provided is pending, compliance with
such revocation shall not be required unless the Board determines
that such violation constitutes an imminent threat to the public health.
A.
Any person aggrieved by a notice may request and shall be granted a hearing in the manner provided in this section. The person requesting a hearing shall, within 10 days from the day the notice was served, file in the office of the Secretary of the Board a petition for a hearing on forms provided by the Board. The Secretary of the Board shall immediately refer the petition to the Board, which shall set a time and place for the hearing and shall give the petitioner written notice thereof. The hearing shall be held before the Board not more than 30 days from the day the petition was filed. The petitioner shall have the right to appear at the hearing in person or to be represented by an attorney or by any other person. When a petition for a hearing has been filed in accordance with this section, compliance with the notice shall not be required pending the decision of the Board except as provided in § 444-176D. The President and Secretary of the Board shall have full power to administer oaths and affirmations and require the attendance of witnesses and their books and papers.
[Amended 12-13-1978 by Ord. No. 2473]
B.
After the hearing, the Board shall sustain, modify
or revoke the notice of the Public Officer. If the Board sustains
or modifies the notice it shall be deemed to be an order. If the Board
finds that by reason of the hearing it is not possible for the petitioner
to comply with the order within the time specified in the original
notice of the Public Officer, the Board may extend the time for compliance.
C.
After a hearing in the case of any notice suspending
any license or health certificate required by this chapter or by any
rule or regulation adopted pursuant thereto, when such notice has
been sustained by the Board, the license or health certificate shall
be deemed to have been revoked. Any such license or health certificate
which has been suspended by a notice shall be deemed to be automatically
revoked if a petition for hearing is not filed in the office of the
Secretary of the Board within 10 days after such notice is served.
D.
Within 10 days from the mailing of the Board's final
order, the affected person may appeal therefrom to the Court of Common
Pleas of Northampton County, which appeal may operate as a supersedeas
if the court, upon proper cause shown, so orders, and provided the
appellant posts a bond, approved by the court, for the use of the
City, with sufficient surety to cover all the expense and costs of
executing the Board's order.
[Amended 11-12-1997 by Ord. No. 3526; 6-27-2018 by Ord. No. 5646]
A.
Any person violating any provision of this chapter or any rule or
regulation adopted by the Chief Health Administrator pursuant to the
authority granted by the City's Health Code shall be issued a
health violation ticket or citation, at the discretion of the Chief
Health Administrator.
B.
If a citation is issued and upon conviction before the Magisterial
District Judge of the City, be subject to a fine of not less than
$25 nor more than $1,000 and costs and, in default of payment of the
fine and costs, shall be subject to imprisonment in the City or County
Jail for not more than 90 days. Each day's failure to comply
with any such provision or any rule or regulation shall constitute
a separate violation and shall subject the violator to separate additional
penalty. The unauthorized removal of notices or orders posted in accordance
with this chapter shall constitute a violation of this chapter. The
provisions for penalties contained in this section are in addition
to any other remedies provided by this chapter or any of the existing
ordinances incorporated as part of this chapter.
(1)
Health violation ticket. As an alternative or in addition to any other enforcement actions (e.g., suspensions, summary citations) imposed by the Bureau of Health in accordance with this chapter for violations, any violation of the provisions of this chapter may also be cause for a health violation ticket to be issued in the amount as specified in Chapter 285, § 285-18K.
(a)
A notice of violation or health violation ticket shall be served
upon a violator by handing it to the violator, by handing it to the
person in charge of the food service establishment, by leaving or
affixing the notice or health violation ticket to the property where
the violation exists, or by mailing the same to the violator's
address of record.
(b)
Each day a violation continues or is permitted to continue may
constitute a separate offense for which a separate fine may be imposed.
(c)
The Chief Health Administrator or his designee is authorized
and empowered to cause a violation to be corrected.
(2)
Health violation ticket appeal.
(a)
A person in receipt of a violation ticket may appeal to the
Bureau of Health by filing a request within 10 days of receipt of
the violation ticket.
(b)
The Codes Administrator, Zoning Administrator or Planning Administrator
acting as the Hearing Officer may uphold the appeal, deny the appeal,
or may modify the violation ticket and/or any associated costs, fines
or penalty amounts.
In any case where a provision of this chapter
is found to be in conflict with a provision of any other law, ordinance,
resolution, rule or regulation of the City or state existing on the
effective date of this chapter, including those incorporated hereunder
by reference, the provision which establishes the higher standard
for the promotion and protection of the health, safety, morals or
general welfare of the people of the City shall prevail.
