Neometric wrote:
Revive the health department? Roflmao. What has THAT to do with anything in this thread?
Lol. Well, I think mcMayor needs to attend more White Sox games if he wants to ensure funds for his department.
Here's what it has to do with this thread:
IC 16-20-1-23
Inspection of private property by local health officer; consent by
owner; exceptions; court order; property in which officer has
interest
Sec. 23. (a) Upon:
(1) showing official identification; and
(2) except as provided in subsection (b), receiving consent of
the owner or occupant of the premises;
a local health officer or the officer's designee may enter any premises
at any reasonable time and inspect, investigate, evaluate, conduct
tests, or take specimens or samples for testing that may be reasonably
necessary to determine compliance with public health laws and rules
and for the prevention and suppression of disease.
(b) A local health officer or the officer's designee shall obtain the
consent of the owner or the occupant of the premises under
subsection (a), except as provided in any of the following
circumstances:
(1) Subject to subsection (c), the local health officer or the
officer's designee obtains an order from a circuit or superior
court in the jurisdiction where the premises is located to
authorize the inspection, investigation, evaluation, testing, or
taking of specimens or samples for testing.
(2) An emergency condition that poses an imminent and serious
threat to the health of an individual or the public and the local
health officer or the officer's designee believes that a delay
could result in a greater health risk.
(3) Entry by a local health officer or the officer's designee to a
public place or an area in plain and open view to determine
compliance with public health laws and rules.
(4) Entry under the terms and conditions of a license issued by
the local health department at any reasonable time if reasonably
necessary to determine compliance with public health laws and
rules and the terms and conditions of the license.
(c) A court described in subsection (b)(1) may issue an order to
inspect, investigate, evaluate, conduct tests, or take specimens or
samples for testing if the court finds that the local health officer or
the officer's designee, by oath or affirmation, provided reliable
information establishing the violation of a public health law or rule
at the premises.
(d) However, a local health officer, or the officer's designee, shall
not inspect property in which the local health officer has any interest,
whether real, equitable, or otherwise. Any such inspection or any
attempt to make such inspection is grounds for removal as provided
for in this article.
(e) This section does not prevent inspection of premises in which
a local health officer has an interest if the premises cannot otherwise
be inspected. If the premises cannot otherwise be inspected, the
county health officer shall inspect the premises personally.
As added by P.L.2-1993, SEC.3. Amended by P.L.122-2012, SEC.1.
This statute coupled with the ordinance Hammond once had for the health department gave the health department unhindered access to virtually any structure within the city. Now, the city must rely on the severely reduced powers of code enforcement or the county health department.
I contend that the City of Hammond will be better off with its own health department - wherein local control can be had to regulate housing, vaccinations, tattoo parlors, restaurant and retail food service establishments and other public health areas. Additionally there are numerous monies to be generated by Hammond having its own health department. But no...McDermott in his infinite wisdom insisted on eliminating this very essential resource for Hammond residents.
Since I will never convince neometric and others on this board who are ardent McDermott supporters because, they refuse to acknowledge their mistake(s), I give you this: of the five council members who voted against the health department only one remains on the council, Mark Kalwinski. Dan Repay walked away - rightfully so. Al Salinas is where he belongs - in prison. Joanne Matonovich died from a heart attack and Kathleen Pucalik died from a brain aneurism. You do the math. I hope Hammond voters are smart enough to vote out Kalwinski and McDermott in 2016.