§ 9.12.880. Food examination and condemnation.

A.

If the director discovers food for which there is probable cause to believe is in violation of this chapter, a written hold order shall be placed on such food. The director shall tag, label or otherwise identify any food subject to a hold order. No food subject to a hold order shall be used, served or moved from the establishment. The director 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 shall be ordered and accomplished.

B.

A person who has been served with a hold order or destruction order may appeal the director's action to the city manager as provided herein. Within three business days of taking such action, the director shall prepare a report indicating the reasons for the hold order or destruction order, and shall provide a copy to the person to whom the hold order has been issued. The director's decision is final unless within three calendar days from the date of receiving the director's report, the person to whom a hold order has been issued files with the city clerk a written appeal to the city manager specifying reasons for the appeal. Said appeal shall also include a written rebuttal to the director's report. The hold order or destruction order shall state that a request for a hearing shall be filed by written notice to the city manager or his designated deputy city manager within three days of the report and that if no appeal is requested, the food shall be destroyed. If a request for an appeal is received, the appeal shall be held within five days after receipt of the request.

C.

The city manager or his designated deputy city manager shall review the director's report and the appellant's rebuttal. The city manager or designee may allow the appellant to make an oral presentation or submit additional rebuttal. The city manager or designee shall make a ruling on the appeal within seven business days after the appeal has been filed.

D.

The city manager or designee shall sustain, reverse or modify the action of the director and shall notify the appellant of his decision in writing. Where necessary, the city manager or designee shall determine to vacate the destruction order or direct the person to destroy such food, which shall constitute the ruling on the appeal and which shall be done within seven days after the appeal has been filed. The decision of the city manager or designee is final.

E.

If the food under hold order or destruction order can be brought into compliance with the provisions of this chapter, the director shall allow the food to be used, served or moved from the establishment.

(Ord. 17162, § 1, 8-11-2009)