City of Easton, PA Part 9 Administration and Legal

Article XXIX Administration

§ 444-167 Board of Health established.

A Board of Health shall be established and organized in a manner prescribed by the Council of the City of Easton.

§ 444-168 Public Officer; duty and authority.

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]

§ 444-169 Obstruction or interference with Public Officer.

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.

§ 444-170 Rules and regulations; issuance and notice.

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.

§ 444-171 Entry and inspection.

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.

F. The Public Officer may make a preliminary survey of any area of the City to determine the general health and sanitary conditions existing in the area. The Public Officer shall, upon determination of any violation, therewith give notice of alleged violation as provided for in § 444-165.

§ 444-172 Identification badges; supplies.

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.

§ 444-173 License and permit issuance coordination.

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.

§ 444-174 Licenses.

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]

C. All licenses shall be conspicuously displayed in the applicant's place of business at all times.[1]

[1] Editor's Note: Former Section 1191.08(d), which previously followed this subsection, was repealed 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.

§ 444-175 Notice of alleged violation; service.

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.

B. The notice shall:

(1) Be in writing;

(2) Include a statement of the reasons why it is being issued;

(3) Specify a reasonable time for the performance of the act or acts required to abate violation; and

(4) Inform the person responsible for compliance of his right of hearing.

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.

§ 444-176 Revocation and suspension.

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.

§ 444-177 Hearings; decision and orders.

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.

Article XXX Violations and Penalties

§ 444-178 Penalty; violation to remove notices.

[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.

§ 444-179 Conflict; greater restriction to control.

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.