§ 12-1048. Correction of violations.

(a)

The inspection report form shall specify a reasonable period of time for the correction of the violations found, and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions:

(1)

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 the building official.

(2)

All violations of four or five point weighted items shall be corrected as soon as possible, but in any event, within ten days following inspection. Within 15 days after the inspection, the holder of the permit, license, or certificate shall submit a written report to the building official stating that the four or five point violations have been corrected. A followup inspection shall be conducted to confirm correction.

(3)

All one- or two-point weighted items shall be corrected as soon as possible, but in any event, by the time of the next routine inspection.

(4)

When the rating score of the establishment is less than 60, the establishment shall initiate corrective action on all identified violations within 48 hours. One or more reinspections will be conducted at reasonable time intervals to ensure correction.

(5)

In the case of temporary food service establishments, all violations shall be corrected within 24 hours. If violations are not corrected within 24 hours, the establishment shall immediately cease food service operations until authorized to resume by the building official.

(b)

The inspection report shall state that failure to comply with any time limits for corrections may result in cessation of food service operation. An opportunity for appeal from the inspection findings and time limitations will be provided if a written request for a hearing is filed with the city secretary within ten days following cessation of operations. If a request for a hearing is received, a hearing shall be held within 20 days of receipt of that request.

(c)

A restaurant or food service establishment may be required to cease operations if the establishment scores less than 60 on a routine inspection and one or more of the following conditions exist:

(1)

Evidence of adulterated and/or potentially dangerous food supplies.

(2)

Insufficient refrigeration or hot holding equipment to maintain food at safe temperatures.

(3)

Overall unsanitary conditions.

(4)

Food handlers with a communicable disease.

(5)

Severe vermin infestations.

(6)

Inability or unwillingness to sanitize reusable tableware.

(7)

No water supply or no hot water supply.

(8)

Sewage backup into food preparation areas, restrooms, or dining areas.

(d)

Whenever a food service establishment is required under the provisions of this section to cease operations, it shall not resume operations until such time as a reinspection determines that conditions responsible for the requirement to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time.

(Code 1982, § 12-24; Ord. No. 85-56, § 3(B)(4), 10-7-1985; Ord. No. 87-2, §§ 1, 2, 1-19-1987)