Defining Resturant, Food, Itinerant Restaurant and Fixing Penalties

Home Browse Search

D. Final Inspection- Prosecution or Hearing for Violators. If upon a second and final inspection the health officer finds that such restaurant, person, or employee is violating any of the provisions of this Ordinance which were in violation on the previous inspection, and concerning which a written order was issued, the health officer shall furnish evidence of the violation to the prosecutor having jurisdiction in the City in which the violation occurs, and he shall prosecute all persons violating said provisions of this Ordinance; or the health officer may promptly issue a time, no later than ten days from the date of final inspection, and at a place in said county fixed in said order to show cause why the per- mit issued under the provision of Section 2A should not be revoked. E. Revocation of Permit. The health officer upon such hearing, if the permittee should fail to show cause, shall revoke said permit and promptly give written notice of such action to the permittee. The health officer shall maintain a permanent record of his pro- ceedings filed in the office of the health department. F. Suspension of Permit. Any permit issued under this Ordinance may be temporarily suspended by the health officer without notice or hearing for a period of not to exceed 30 days, for any of the following reasons: 1. Insanitary or other conditions which in the health officer's opinion endangers the public's health; 2. Interference with the health officer or any of his authorized representatives in the performance of their duties; provided, however, that upon written application from the permittee, served upon the health officer within 15 days after such sMapension, the health officer shall conduct a hearing upon the matter after giving at least 5 days' written notice of the time, place, and purpose thereof to the suspended permittee; provided, further, that any such suspension order shall be issued by the health officer in writing and served upon the permittee by leaving a copy at his usual place of business or by delivery of Registered or Certified Mail to such address. G. Reinstatement of Permit. Any person whose permit has been suspended may at any time make application to the health officer for the reinstatement of his permit. H. Appeal. In the event a permittee feels aggrieved by the finding of the health officer, he shall immediately,upon said finding, be permitted to appeal said finding to the St. Joseph County Board of Health, said appeal shall be perfected within three (3) days from the date the health officer has made his finding. The St. Joseph County Board of Health shall convene within five (5) days thereafter and said Board of Health shall make its finding within one (1) day after the hearing of the permittee's appeal. SECTION VII. INSPECTION OF ITINERANT RESTAURANTS. A. Frequency of Inspection At least once in each twenty -four hour period the health officer shall inspect each itinerant restaurant for which a permit is required under the provisions of this Ordinance. B. Procedure to Follow When Any Sanitation_Vioation Noted. If, during the inspection of any itinerant restaurant, the health officer discovers the violation of any of the sanitation require- ments in Section 3 of this Ordinance, he shall order the immediate correction of the violation. m4m