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24.09.090 Violations.

(1)    When violations of the food code are found, the Clark County public health inspector will ask that they be corrected at the time of the inspection. If immediate corrections are not possible, a Clark County public health inspector may elect to conduct a follow-up inspection to verify/document the corrective measures or actions. However, the inspector may also use the following enforcement options:

(a)    Mandatory Follow-Up Inspection. When a routine inspection results in twenty (20) or more red high risk factor points, and less than one hundred (100) total points, the Clark County pubic health inspector shall complete and sign a follow-up inspection notice, a copy of which shall be given to the person in charge.

(i)    The mandatory follow-up inspection shall be conducted within thirty (30) calendar days. If all of the red high risk factor(s) have been corrected, the food establishment will resume its routine inspection schedule. If all of the corrections have not been made, the establishment may be placed on probation.

(ii)    A fee for the additional, mandatory follow-up inspection shall be billed at an amount specified in the Clark County public health fee schedule.

(b)    Probation. If a food establishment is found to have repeated red high risk factor violation(s) on a mandatory follow-up inspection, Clark County public health may place the establishment on a probation period of no less than one hundred twenty (120) days.

(i)    During the probation period, at least one inspection shall be conducted approximately every thirty (30) days.

(ii)    A fee for each mandatory follow-up inspection shall be billed at an amount specified in the Clark County public health fee schedule.

(c)    Permit Suspension. Before suspension of a permit, the Clark County public health inspector will complete and sign and provide a copy of such notice to the person in charge indicating the specific reason(s) for suspension; the effective date of suspension which is the date the notice is served; and that a request for hearing must be filed within fourteen (14) calendar days following service of the notice if the owner wishes to appeal or contest the findings; otherwise the suspension order becomes final.

(d)    Clark County public health may issue a permit to operate suspended notice requiring that all food and beverage service operations cease immediately and the food establishment remain closed.

(i)    Subsequent to routine inspections, the total points deducted from any inspection is equal to or exceeds one hundred (100) total points or there are sixty (60) or more red high risk factor points;

(ii)    Subsequent to mandatory follow-up inspections, any of the same red high risk factor violation(s) are found or the inspection results in deductions of sixty (60) or more total risk points;

(iii)    The holder of the permit fails to comply with the time limits set by the Clark County public health inspector for corrections of violations;

(iv)    At any time, there is interference with or refusal of access to the Clark County public health inspector after proper identification has been shown;

(v)    At any time, the food establishment is operating without a valid permit;

(vi)    Clark County public health determines that the operation of the food establishment otherwise constitutes an imminent health hazard.

(e)    Revocation. Before revocation of a permit, Clark County public health must provide written notice of the specific reason(s) for revocation; the effective date of revocation which is the date the notice is served; and that a request for hearing must be filed within fourteen (14) calendar days following service of the notice if the owner wishes to appeal or contest the findings; otherwise the revocation becomes final.

(f)    Hold Order. Clark County public health may, upon written notice to the owner or person in charge, place a written hold order on any food which he/she determines or has probable cause to believe the food to be adulterated, mislabeled, contaminated, spoiled, or stored at temperatures not in compliance with these regulations, or from an unapproved source. Clark County public health shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served, or moved from the establishment. Clark County public health shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction will be ordered and accomplished.

(2)    When Clark County public health finds shellfish without proper records, a hold order shall be filled out and placed on the shellfish in question. The Washington State Department of Fish and Wildlife shall be notified and sent a copy of the inspection form. An administrative hearing will be held at Clark County public health to determine conditions for future operation. The conditions may include:

(a)    The food establishment shall sell no shellfish for thirty (30) days. During that thirty (30) day period, the food establishment must provide Clark County public health with proof that they have an approved source of shellfish.

(b)    The food establishment shall be placed on record-monitoring probation for six (6) months. The probation will consist of sending in copies of tags to Clark County public health weekly or, if stock is purchased less often, then upon purchase of new stock. Increased on-site inspections will be performed to verify that all shellfish in the food have the proper tag, label, etc. Clark County public health will also verify that the records are being kept on file. (Sec. 10 of Ord. 2006-08-10)