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HomeMy WebLinkAboutMINUTES - 08031993 - 1.17 �N1 7 TO: BOARD OF SUPERVISORS 6E. L � .. Contra FROM: Mark Firnicane, Health Services Director Costa County DATE: August 3, 1993 SUBJECT: ORDINANCE ON FddMONMWMAT HEALTH PERMITS AND FEMS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Introduce the attached Ordinance amending Ordinance Code, Chapter 413-3 regarding Environmental Health Permits and Fees, waive reading and fix August 1;7:, 1993 .at 11 : 00.- a..m. for hearing of the Ordinance. BACKGROUND: Ordinance Code, Chapter 413-3 Public Health Licenses and Fees was adopted by the Board of Supervisors in 1974. Since that time, minor amendments or modifications have been made on an as- needed basis. The State of California adopted the California Uniform Retail Food Facilities Law in 1985. This effectively.combined three state food codes (Restaurant Act, Retail Marketing and Food Facilities Act, and Bakery Act) and imposed many terms, definitions and requirements. It is necessary and desirable to incorporate these statutory changes into our Ordinance to provide for uniform clarity and enforcement. The Ordinance was revised by Health Services Department staff and reviewed by County Counsel and County Administration staffs. The major changes by this Ordinance are as follows: 1. Replaces all references to "public health license" with "environmental health permit". 2. Replaces all references to "incidental confectionery" with "incidental retail food market". 3. Replaces all references to "itinerant restaurants" with "temporary food facilities". 4... Replaces all references to "infectious waste producers" with "medical waste generators". 5'" Adds "certified farmer's markets" to activities requiring permits. 6. Changes the due date of the vending machine operator's annual report. 7. Changes the permit year for vending machines and retail food vehicles from fiscal year to calendar year. Said calendar year to commence January 1, 1995. 8. Transfers the permit responsibility from the tax collector to the health officer. 9. Provides for permit-fees to be prescribed by the Board by resolution fr m time to time. 10. Adds authority for new permit fees. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON August 3 , 1993 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact: Daniel M. Guerra, 646-2521 August 3 , 1993 cc: County Administrator ATTESTED County Counsel PHIL BATCHELOR,CLERK OF THE BOARD OF Health Services Director SUPERVISO AND COUNTY ADMINISTRATOR Health Officer Environmental Health, 1111 Ward St. BY 'DEPUTY M3B2 00/88) D It. Imposes penalties for operators commencing to operate without permit to do so. 12. Allows additional penalties for delinquent fee to recover revenue collection expenses. FISCAL IMPACT None Included for information purposes as Attachment 1 is a copy of the existing Ordinance, Chapter 413-3. This document is not intended to be attached permanently to the Board Order. Attachment 2 is the Ordinance proposed for adoption. 2 410-6.010-410.8.002 HEALTH AND SAFETY where signs have been erected at intervals of not Sections 664 ff. shall apply. (Ord. 69-50 § 1 over one-quarter mile around the lake giving (part), 1969). notice of.the prohibition. (Ord. 69-50 § 1 (part), 1969). Division 413 410-6.01.0 Overloading vessels. No person shall load or operate any vessel with passengers PUBLIC. HEALTH LICENSES AND FEES or cargo in excess of its safe carrying capacity. A violation of the following standard constitutes Chapters: prima facie evidence of a violation of this 413-3 Public Health Licenses and Fees section. The maximum safe carrying capacity, in pounds, of any rowboat or outboard motorboat, Chapter 413-3 except racing models, is seven and one-half times .the product of the length, width and depth PUBLIC HEALTH LICENSES AND FEES (draft plus freeboard) in. feet. (Ord. 69-50 § 1 (part), 1969). Article 413-3.2 General Provisions Sections: 410-6.012 Discharge of firearms. No person 413-3.204 Purpose and authority. shall shoot any firearm, or .gun operated by 413-3.206 Area of application. spring. or compressed gas, from any vessel or 413-3.208 California Uniform Retail across or over any portion of any navigable body Food Facilities Law of water; but this does not prohibit the implemented. otherwise lawful shooting of a shotgun to kill Article 413-3.4 Definitions waterfowl. (Ord. 69-50 § 1 (part), 1969). Sections: 413-3.402 General. 410-6.014 Night aquaplaning and water 413-3.404 Activity. skiing. No person shall operate a vessel, vehicle 413-3.406 Area of application. or other motive power which is pulling or 413-3.408 Health officer. towing any aquaplane or water skier, nor shall 413-3.409 Incidental confectionery. any person ride any aquaplane or water skis, 413-3.410' License year. between sunset and the following sunrise. (Ord. 413-3.412 Retail food vehicle. 69-50 § 1 (part), 1969). 413-3.413 Small water system. 413-3.414 Vending machine business. 410-6.016 Operation of vessel by 413-3.415 Septic tank-chemical toilet passengers. No person shall operate, or permit cleaner. the operation of, any vessel while anyone is Article 413-3.6 License Requirements . anywhere thereon not designed or intended for Sections: use by passengers, nor shall anyone ride in such 413-3.602 Public health license required. a manner. (Ord. 69-50 § 1 (part), 1969).- 413-3.604 Licensable activities. 413-3.606 Other licenses and require- ments. Chapter 410-8 413-3.608 Term. 413-3.610 Separate activities. VIOLATIONS 413-3.612 License display. 413-3.614 Vending machine operators. Sections: Article 413-3.8 Issuance of Licenses 410-8.002 Generally. Sections: 413-3.802 Application. 410-8.002 Generally. When any person is 413-3.804 License content. arrested for a violation of this division, the 413-3.806 Additional identification. provisions of Harbors and Navigation Code 413-3.808 Notify health officer. 413-3.810 Renewal licenses. (Contra Costa County 12-a9) 108 PUBLIC HEALTH LICENSES AND FEES 413-3.204-413-3.402 413-3.812 Lost licenses and replacement Article 413-3.2 vehicles. General Provisions 413-3.814 Refunds. 413-3.816 Temporary licenses. 413-3.204 Purpose and authority. Pursuant Article 413-3.3.10 Exemptions to Health and Safety Code Section 510, the Sections: board determines: 413-3.1002 Blind. (1) That the expenses of the health officer,in 413-3.1004 Charitable or tax-supported the enforcement of statutes,orders,quarantines, institutions. embargoes, rules and regulations, prescribed by 413-3.1006 Delivery vehicles. state officers and departments relating to public Article 413-3.12 License Fees health, are not met by any fees prescribed by sections: the state;and 413-3.1202 Square footage. (2) That the fees prescribed herein will help 413-3.1204 Temporary license fees. pay the health officer's reasonable expenses 413-3.1206 Delinquency, penalty and incurred in such enforcement. (Ord. 74-1 § 1 waiver. (part), 1974). 413-3.1208 Plans and inspection deposits. 413-3.1210 Prorating fees. 413-3.206 Area of application. Licenses 413-3.1212 Bakery. required by this chapter shall be required of 413-3.1214 Food processing establish- every activity described herein, within the ment. unincorporated area of the county and"within 413-3.1216 Wholesale food market. any city in which the county health officer 413-3.1218 Retail food production and enforces any state statute, order, quarantine, marketing establishment. embargo, rule or regulation relating to public 413-3.1220 Restaurants, taverns, cocktail health. (Ord. 74-1 § 1 (part), 1974). lounges, snack bars. 413-3.122 Itinerant restaurant. 413-3.208 California Uniform Retail Food 413-3.1224 Vehicles and peddlers. Facilities Law implemented. Public health li- 413-3.1226 Roadside stand. censes for food facilities shall serve as valid 413-3.1228 Food vending machine. permits to operate as provided in Section 413-3.1230 Food salvager. 27551 of the California Health and Safety Code. 413-3.1232 Food demonstrator. Any reference to license, or public health li- 413-3.1234 Ice plant. cense, as used in Ordinance Code Chapter 413-3.1236 Public swimming pool. 413-3 in reference to licensable food estab- 413-3.1238 Wiping rag business. lishments, also means "permit to operate." 413-3.1240 Small water system. To the extent that the fees imposed pursuant 413-3.1242 Incidental confectionery. to Chapter 413-3 are fees authorized under Sec- 413-3.1244 Septic tank-chemical toilet tion 27551 of the California Health and Safety cleaner.' Code such fees are hereby imposed pursuant to 413-3.1248 Infectious waste producer. Section 27551..(Ord. 85-27 § 1). Article 413-3.14 Enforcement Sections: Article 413-3.4 413-3.1402 General. Definitions 413-3.1404 Administration and regulation. 413-3.1406 Temporary suspension. 413-3.402 General. (a) Unless otherwise 413-3.1408 Emergency suspension. specifically provided, or required by the 413-3.1410 Revocation. context, the following terms have the following 413-3.1412 Hearings. indicated meanings in this chapter. 413-3.1414 Appeals. (b) Terms not defined herein but defined in the California Health and Safety Code have the meanings given in that code. (Ord. 74-1 § 1 (part), 1974). {e a 109 (Contra Costa County 12-89) 413-3.404-413-3.608 HEALTH AND SAFETY 413-3.404 Activity. "Activity" means every tions under Title 22 of the California Adminis- b usiness, occupation,. operation, ' activity, trative Code. (Ords. 81-56 § 2, 74-79 § 2: machine, vehicle or object engaged in or used for HAS.C. §§ 4010 ff). the purposes and things regulated hereunder. (Ord. 74-1 § 1 (part), 1974). 413-3.414 Vending machine business. "Vending machine business" means the activity 413-3.406 Area of application. "Area of of selling food or drink by vending machine(s),. application" means the geographical area regardless of the number of machines or loca- described in Section 413-3.206. (Ord. 74-1 § 1 tions. (Ord. 74-1 § 1 (part), 1974). (part), 1974). 413-3.415 Septic tank-chemical toilet 413-3,408 Health -)fficer.. "Health officer" cleaner. "Septic tank-chemical toilet cleaner" means the county (city) health officer, his means a person engaged in the business of medical deputies, and his duly authorized cleaning septic tanks, individual sewage systems, subordinates. (Ord. 74-1 § 1 (_part), 1974). holding tanks, pit privy, cesspools or seepage . pits, or of providing or cleaning chemical toilets. 413-3.409 Incidental confectionery. (Ord. 78-43 § 1). "Incidental confectionery" means activity incidental to the main nonfood business Article 413-3.6 operations (e.g., department, drug, variety or License Requirements bait stores), for the sale of candy, gum, peanuts or similar confectionery and food or beverage, 413-3.602. Public health license required. with less than three hundred fifty dollars retail No person shall conduct, operate or engage in value of food in stock. (Ord. 74-79 § 1). any activity or object listed in Section 413-3.604, within the area of application, with- 413-3,410 License year. "License year" out having a valid, unrevoked, unsuspended means March 1st through February 28th (29th). public health license therefor. (Ord. 74-1 § I (Ord. 74-1 § 1 (part), 1974). (part), 1974). 413-3.412 Retail food vehicle. "Retail food 413-3.604 Licensable activities. The.follow- vehicle" means any vehicle designed or used or in; must be licensed hereunder: . restaurants, intended to be used by or for any one or more retail food markets, wholesale food markets, of the following persons and/or uses: bakery dis- food processing establishments, roadside stands, tributor, fish peddler, food salvage distributor, food salvagers, ice plants. peddlers. it fruit and/or vegetable distributor, grocery dis- restaurants.. bakeries, retail food vehicles, food tributor, industrial catering, mobile food prepar- vending machine businesses, public swimming ation unit, and itinerant restaurant. [t includes pools- wiping rag businesses, small water any vehicle from which animal food, bakery systems, septic-tank toilet cleaners� and in- products, fish, shellfish, seafood, . fruits, Cet:tioUs waste producers. (Ords. 89-56 § 3, vegetables, meats, poultry, preserves, jelly, 85-28 § 2, 84-37 § 29 78-43 § 1, 74-79 § 3, relish, milk or any other dairy products, food or 74-1). food products, ice or beverages, whether in bulk, canned, wrapped, bottled, packaged, or any 413-3.606 Other licenses and requirements. other form, are sold or kept for sale at retail, or Licenses required by this chapter are in addition are distributed to the consumer. (Ord. 74-1 § to any other license or permit required within 1 (part), 1974). the area of application, and do.not exempt any person, operation or premises from sanitary 413-3.413 Small water system. "Small requirements enforced by the health officer. water system" means a utility system which fur- (Ord. 74-1 § 1 (part), 1974). nishes water for domestic purposes to from two through one hundred ninety-nine service connec 413-3.608 Term. Licenses shall be for not tions inclusive and includes "Public Water Sys- more than one year. None is valid after midnight tems" as defined in California Health and Safety on February 28th (29th) after its date of Code Section 4010.1 and its applicable regula- effectiveness.(Ord. 74-1 § 1 (part), 1974). (Contra Costa County 12-89) 110 PUBLIC HEALTH LICENSES AND FEES 413-3.610-413-3.614 413-3.610 Separate activities. If a person engages in, conducts, manages or carries on, at the same time, more than one licensable activity or object, each such activity or object shall be considered as separate and .distinct from the other(s), whether located on the same premises or not. (Ord. 74-I § 1 (part), 1974). 413-3.612 License display. (a) Exhibition' on Request. Every person required to have a license hereunder shall show it on request by the health officer. (b) Fixed Place of Business. Every such person .with a fixed location of such activity shall keep such license conspicuously posted therein. (c) Itinerant and Vehicle. Every such person without a fixed place of such activity shall carry such license with. him at all times while so engaged; and the operator of every retail food vehicle shall keep its license in it while it is so used. (Ord.74-1 § 1 (part), 1974). 413-3.614 Vending machine operators. (a) Identification Plate. Each food or drink vending machine . shall have conspicuously affixed thereon a durable identification plate, setting forth its model number or symbol and its . individual identifying serial number. (b) Identification Decal. Each such machine shall have similarly affixed a decal or other identification, if furnished by the tax collector, indicating that the required health license fee has.been paid for the current license year. (c) List.of Machines. The operator of a food or drink vending machine activity shall maintain in its principal place of business in this county a current record or list by serial number of every such machine and its location within the area of application. (d) Annual Report. On or before December I I0-I (Contra Costa County 12-89) PUBLIC HEALTH LICENSES AND FEES 413-3.802--413-3.1002. ist of each year, such operator of a food or On or. before every January 31st, the tax drink vending machine business shall give the tax collector may send to each person who obtained collector a list of the addresses at which his a license during the license year a bill (invoice) licensable machines are located, which he for the appropriate license fee for the following intends to license for the following license year. year. He shall promptly send the licensee a (Ord. 74-1 § 1 (part), 1974). fee-receipted license when the fee is paid. This. "receipt" is merely the "fee-paid" copy of the Article 41363.8 license. Issuance of Licenses (b) Effective Date and Display. No such license is valid or issuable until the required 413-3.802 Application. Every person license fee is received by the tax collector, owning,. conducting or operating any activity for including penalty unless the fee is received or which a license is required hereunder shall apply postmarked before the effective (delinquency) for a license to the health officer, on a form date. The licensee shall display the fee-receipted provided by him. If the health officer approves license, or shall make it available for objects or the application, he shall so indicate to the tax machines. collector, to whom the applicant shall then pay (c) Report on Renewals. On every April 1st, the required fee and penalty, if any. The tax or as soon as practicable thereafter, the tax collector shall issue a public health license when collector shall notify the health officer of the these requirements have been met. Temporary names of those persons who have, and who have licenses are governed by Section 413-3.816. not, renewed their licenses. (Ord. 74-1 § 1 (Ord. 74-1 § .I (part), 1974). (part), 1974). 413-3.804 License content. Every public 413-3.812 Lost licenses and replacement health license shall contain the following vehicles. The tax collector, upon receiving a fee information: of ten dollars, may issue a new license to a (1) Name and address of the licensee; licensee who shows that his license has been lost (2) Nature and location of the licensed or stolen, or who owns or operates a retail food activity or object; vehicle which replaces a formerly licensed (3) If issued for a. retail .food vehicle, the vehicle. (Ord. 74-1 § 1 (part), 1974). vehicle identification number or license number; (4) Date of issuance, and statement of its 413-3.814 Refunds. The auditor shall period of validity or of its invalidity after refund to a licensee all moneys erroneously February 28th (29th) or other specified date; collected if the licensee files a proper claim (5) Statement that it is not transferable demonstrating= this to the auditor. (Ord. 74-1 § 1 between persons, vehicles, objects or places: and (part), 1974). (6) Statement that it is conditioned on compliance with all applicable . laws and 413-3.816 Temporary licenses. The health regulations. (Ord. 74-1 § 1 (part), 1974). officer may issue a nonrenewable temporary license for activities or. objects licensable 413-3.806 Additional identification. The hereunder for a. period of not over thirty-one tax collector, when required or when he deems consecutive calendar days in any license year. it necessary hereunder, shall issue with any The application and other matters regulated by license further identification in the form of a this article shall be conformable herewith, license plate, decal or gummed sticker to be except that the health officer shall administer conspicuously displayed. (Ord. 74-1 § I (part), them and may regulate and prescribe forms . 1974). therefor conformable herewith. (Ord. 74-1 § 1 (part), 1974). 413-3.808 Notify health officer. Within three working days after the initial issuance of a Article 413-3.10 license, the tax collector shall give the health Exemptions officer a copy. (Ord. 74-1 § 1 (part), 1974). 413-3.1002 Blind. The tax collector shall 413-3.810 Renewal licenses. (a) Issuance. issue without fee but on application, a license to l 1 1 (Contra Costa County 12-89) 413-3.1004-413-3.1208 HEALTH AND SAFETY any blind person (having not more than ten (b) With concurrence by the health officer, percent visual acuity in the better eye without the tax collector may waive any penalty in- correction) who otherwise would be entitled to curred without substantial fault by the applicant such license, and who files with his application a or licensee and without substantial lessor certificate signed by a licensed physician or by damage to the county or city. (Ords. 74-79 § the State Bureau of Vocational Rehabilitation 5, 74-1). that he is a blind person. (Ord. 74-1 § 1 (part), 1974). 413-3.1208. Plans and inspection deposits. (a) Deposit Required. The health officer shall 413-3.1004 Charitable or tax-supported collect a nontransferable deposit equal to three institutions. The tax collector shall issue, times the annual fee, for checking plans and without fee, but on application approved by the inspecting construction or remodeling, for health officer, a license to any person which licensable activities other than vehicles and conductsa licensable activity exclusively for vending machines. religious or charitable purposes if at least (b) Charge, Refund etc. Actual costs shall be seventy-five percent of the net proceeds from charged against the deposit at an hourly rate(s) such activity inures directly to the benefit of to be established .annually before November such purposes, and to any tax-supported person. 30th by the auditor-controller, plus an adminis- (Ord. 7441 § 1 (part), 1974). trative fee of twenty-Five percent of the deposit. If the deposit is exhausted before final approval 413-3.1.006 Delivery vehicles. Vehicles used by the health officer, or if the balance is not by a fixed-location food market or restaurant sufficient to cover anticipated remaining costs, licensed hereunder to deliver food products the health officer shall collect from the ap- therefrom need not be separately licensed. (Ord. plicant an additional deposit equal to three 74-1 § 1 (part), 1974). times the annual fee (or such lesser amount as the health officer deems adequate) to cover said costs before any further review or inspec- Article 413-3.12 tion is made. Failure to pay the additionai License Fees deposit within ten days following receipt of ' written .notification shall void all prior ap- 413-3.1202 Square foota;e. Where license provals, and any further construction or activity fees are based on square footage, this refers to shall be deemed unlawful. If the deposit is not the area occupied by, attendant to and in exhausted, upon final approval by the health support of the licensable activity or object. officer, the balance shall be refunded to the (Ord. 74-1 § 1 (part), 1974). depositor. (c) Time Limit. A plans approval is valid for 413-3.1204 Temporary license fees. only six months unless work has begun. If work Temporary license fees are equal to the annual has not commenced within such time, the actual fee, or, in the case of proratable fees, are costs plus the additional twenty-five percent prorated under Section 413-3.1210. (Qrds. administrative fee shall be charged against the 74-79 § 4, 74-1). deposit. Resubmission of plans and deposit shall conform with subsections (a) and (b) of this 413-3.1206 Delinquency, penalty and section. waiver. (a) If any fee required by this chapter is .(d) Penalties. Any person violating this not paid before the delinquency date, it shall be section. by tailing to submit plans, obtain increased ' by twenty-five percent. The necessary inspections and approvals or make delinquency date is: In the case. of initial deposits, or by commencing or continuing applications, the thirty-second calendar day construction or remodeling in violation hereof, after commencement of the activity; in the case shall pay triple the fee as a penalty and remain of license renewals. March 1st:and in the case of subject to. other applicable penalties and temporary .licenses, the second day after com- enforcement procedures. mencement of the activity in question. (Contra Costa County 12-89) 1 1 21 PUBLIC HEALTH LICENSES AND FEES 413-3.1210-413-3.1238 (e) Approval Limits. The approval of plans (b) Tavern, cocktail lounge and snack bar and specifications shall not prevent the health license fees are sixty dollars, and drive-in, officer from thereafter requiring correction of take-out and catering commissary license fees errors in such plans and specifications, or from are one hundred twenty dollars;all regardless of preventing construction, installation and seating capacity. (Ord. 78.43 § 1, Ord. 74-1 § 1 operations being carried out thereunder when in (part), 1974). violation of this code and/or other applicable laws. (Ords. 78-88, 76-46, 74-1). 413-3.1222 Itinerant restaurant. Itinerant restaurant license fees are forty dollars, not 413-3.1210 Prorating fees. Unless otherwise proratable. (Ord. 78-43 § 1, Ord. 74-1 § 1 provided, when an activity is first licensed to (part), 1974). commence during a license year, the fee shall be prorated as follows, but never to less than ten 413-3.1224 Vehicles and peddlers. (a) . A dollars: The full annual fee if it starts during non-proratable license fee of forty-eight dollars March through May, three-fourths if during June is payable for every retail food vehicle ,from through August, one-half if during September which food is served, and for.every location for through November, and one-fourth if during every mobile food preparation unit. December through February. (Ord. 78-43 § 1, (b) A non-proratable license fee of forty Ord. 74-1 § 1 (part), 1974). dollars is payable for every other retail food vehicle, and for every peddler of food. (Ord. 413-3.1212 Bakery. Bakery license fees are 78-43 § 1, Ords. 74-79 § 6, 74-1: HAS.C. §78520 ff; 17 C.A.C. 13600 ff;Ord. C..Ch. 56-4). based on square foot area, as follows: less than two. thousand, eighty dollars; two thousand 413-3.1226 Roadside stand. A roadside through five thousand nine hundred ninety-nine, stand license fee is forty-eight dollars, not pro-. one hundred twenty dollars; six thousand or ratable. (Ord. 78-43 § 1, Ord. 74-1 § 1 (part), more, one hundred sixty dollars. (Ord. 78-43 § 1974). 1, Ord. 74-1 § 1 (par3)4a7.4). 413-3.1228 Food vending machine. Food 413-3.1214 Food processing establishment. vending . machine license fees are forty-eight Food processing establishment license fees are dollars for one through four machines, plus an the same as for bakeries. (Ord. 74-1 § 1 (part), additional eight dollars for each machine over four, which are not proratable. (Ord. 78-43 § 1, 1974). Ord..74-1 § 1 (part), 1974). 413-3. 1216 Wholesale. food . market. 413-3.1230 Food salvager. A food salvager Wholesale food .market license fees are he same license fee is two hundred forty dollars. (Ord. as for bakeries. (Ord. 74-1 § I (part), 1974). 78-43 § 1,Ord. 74-1 § 1 (part), 1974). 413-3.1218 Retail food production and 413-3.1232 Food demonstrator. A food marketing.establishment. Retail.food production demonstrator license fee is forty dollars, not and marketing establishment license fees are the proratable. (Ord. 78-13 § 1, Ord. 74-1 § 1 same as for bakeries. (Ord. 74-1 § .'l (part), (part), 1974). 1974). 413-3.1234 Ice plant. An ice plant license fee is eighty dollars. (Ord. 78-43 § 1, Ord. 74-1 . 413-3.1220 Restaurants, taverns, cocktail § 1 (part), 1974). lounges, snack bars. (a) Restaurant license fees are based on patron seating capacity, as follows: 413-3.1236 Public swimming pool. A public less than fifty, eighty dollars; fifty to one swimming pool Iicense fee is one hundred hundred forty-nine, one hundred twenty dollars; twenty dollars. (Ord. 78-43 § 1, Ord. 74-1 § 1 one hundred fifty or more, one hundred sixty (part), 1974). dollars: Banquet room seating capacity is excluded in accordance with the health officer's 413-3.1238 Wiping .rag business. A wiping regulations. rag business license fee is eighty dollars. (Ord. 78-43 § 1, Ord. 74-79 § 7, HAS.C. § 3900 ff). 112-1 (Contra Costa County 12-89) 413-3.1240-413-3.1410 HEALTH AND SAFETY 413-3.1240 Small water system. A small medical deputies that some,applicable law or water system license fee is as follows: regulation is being violated by any person or (a) 2 — 4 connections . . . . . . . . . . .S 28.00; licensable activity, he may order a hearing (b) 5 — 50 connections. . . . . . . . . . . 48.00; pursuant to Section 413-3.1412. (c) 51 — 100 connections . . . . . . . . 64.00; . . (b) Period. After hearing, he may suspend the (d) 101 — 199 connections . . . . .. . 100.00. license for not more than ninety calendar days, (Ords. 81-56 § 3, 78-43 § 1, 74-79 § 8: H.&S.C. or until he is assured of compliance with § 401Off). - applicable laws and regulations, whichever period is shorter; and he may post notice of this 413-3.1242 Incidental confectionery. An in- action in a conspicuous place. At the end of the cidental confectionery license fee is forty-eight shorter period the license becomes valid again. dollars, non-proratable. (Ord. 78-43 §. 1, Ord. (Ord..74-1 § 1 (part), 1974). 74-79 § 9). 413-3.1408 Emergency suspension. (a) 413-3.1244 . Septic tank-chemical. toilet Health Danger. After making a written finding cleaner. A septic tank-chemical toilet cleaner li- that the public health is endangered by some cense fee is eighty dollars, proratable,. and person or licensable activity, the health officer twenty-five dollars for each vehicle, non- or one of his medical deputies may order the proratable. (Ord. 78-43 § 1). immediate cessation of the activity, abatement of the condition, or action to correct the 413-3.1248 Infectious. waste producer. An condition, and he may order the emergency infectious waste producer fee is as follows: suspension of the license and its removal from (1) Skilled nursing facilities, intermediate the person or premises; and he may post notice care facilities, or clinics . . . . . . . . . . . .S 60.00: of this action in a conspicuous place. Emergency (2) Hospitals. 0-99 beds . . . . . . . . 120.00; suspension is in addition to, and not limited by (3) Hospitals, 100 or more beds. . . 150.00. nor in derogation of, any other authority or (Ord. 85-28 §3). power which the health officer may have under this or other laws or regulations. Article 413-3.14 (b) Period. Each emergency suspension, as Enforcement distinct from any other authorized action, is effective for not more than seven calendar days, 413-3.1402 General. The provisions of this including the first day on which the license is article control in the absence of contrary suspended. At the end of that period, or sooner provisions of state or county law particularlyif a finding is .made that the public health is no applying to one or more licensable activities longer endangered, the license becomes valid hereunder; however, violations of this chapter again, unless-a hearing is ordered pursuant to are also subject to criminal and/or civil . Section. 413-3.1412'. . (Ord. 74-1 § 1 (part), enforcement procedures like all other violations 1974). of this code. (Ord. 741 § 1 (part), 1974). 413-3.1410 Revocation. The' health officer 413-3.1404 Administration and regulation. or one of his medical deputies may revoke and. The health officer shall administer this chapter. confiscate a license if: The health officer himself may promulgate (1) It has been suspended once after hearing; regulations carrying out these provisions, and including prescribing application and (2) Violations of this chapter or other identification forms. (Ord. 74-1 § 1 (part), applicable laws or regulations or acts or 1974). 413-3.1406 Temporary suspension. (a) Complaint. When a written complaint is filed with or by the health officer or one of his (Contra Costa County 12-89) 112-2. CONTRA COSTA CANAL 413-3.1412-414-2.002 omissions endangering the public health con- Division 414 tinue; and (3) He makes a written finding that correction WATERWAYS AND NATER SUPPLY of the situation is impracticable and that the public health is endangered. He may post notice Chapters: of this action in a conspicuous place. (Ord. 74-1 414-2 Contra Costa Canal § 1 (part), 1974). 414-4 Water Supply 414-6 Transporting Nater for Domestic 413-3.1412 Hearings. (a) Notice. The health Use officer shall give written notice of the hearing to the licensee or the person involved or in charge of the premises or operation, delivered or mailed to Chapter 414-2 the latest address on file with him, at least seventy-two hours before the hearing for CONTRA COSTA CANAL' emergency suspensions, and at least five days before the hearing for temporary suspensions.The Sections: notice shall specify: 414-2.002 Definition. (1) The hearing date,time and place (not more 414-2.004 Swimming, fishing or dumping than fourteen days thereafter); prohibited. (2) The reasons for the hearing; and 414-2.006 Loitering prohibited. (3) The licensee's rights to correct, comply with, or desist from, the cited reasons, and/or 414-2.002 Definition. As used in this show cause against suspension of the license. chapter, "canal" means the Contra Costa Canal (b) Conduct. The health officer or one of his system as constructed within this county by the medical deputies shall conduct the.hearing, or he may have the county hearing officer conduct it and recommend back to him a suggested disposi- tion of the matter. Hearings may not be postponed or continued longer than ten days from the original date without the consent of the licensee. (c) Decision. The health officer or the medical deputy shall make his written decision within fourteen days after. (1) The hearing's close; or (2) His receipt of the hearing officer's recommendations; and he shall promptly notify the licensee thereof. (Ord. 74-1 § 1 (part), 1974). 413-3.1414 Appeals.Appeals are governed by Chapter 144. (Ord. 74-1 § 1 (part), 1974). *For the statutory prohibition against littering waters,we Pen.C. 1374e;for the statutory regulation of motor vehicles upon canal banks,see Veh.C.¢21116 and for the provisions regarding the California Rccrcational Tzaas I aw,we Pub.R C. § 5070 ff. 112-3 (Contra Costa County 6-91) ORDINANCE NO. 93- (Environmental Health Permits and Fees) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) : SECTION I: SUMMARY. This ordinance amends Chapter 413-3 of the County Ordinance Code, replaces all references to "public health license" with "environmental health permit, " replaces all references to "incidental confectionery" with "incidental retail food market" , replaces all references to "itinerant restaurants" with "temporary food facilities " , adds "certified farmers ' markets " to activities requiring permits , changes the due date of the vending machine operator' s annual report, changes the permit year for vending machines and retail food vehicles , transfers the permit responsibility from the tax collector to the health officer, provides for permit fees to be prescribed by the board by resolution from time to time, adds authority for new fees and penalties, and renumbers Article 413-3 . 4 . SECTION II: Chapter 413-3 of the County Ordinance Code is amended in its entirety to read: Chapter 413-3 ENVIRONMENTAL HEALTH PERMITS AND FEES Article 413-3. 2 General Provisions Sections: 413-3 . 204 Purpose and authority. 413-3 . 206 Area of application. 413-3 . 208 California Uniform Retail Food Facilities Law implemented. Article 413-3 .4 Definitions Sections: 413-3 . 402 General . 413-3 . 404 Activity. -1- ORDINANCE NO. 93- 413-3 . 406 Area of application. 413-3 . 408 Health officer. 413-3 .410 Incidental retail food market. 413-3 . 412 Permit year. 413-3 . 414 Retail food vehicle. 413-3 . 416 Small water system. 413-3 . 418 Vending machine business . 413-3 . 420 Septic tank-chemical toilet cleaner. Article 413-3. 6 Permit Requirements Sections: 413-3 . 602 Environmental health permit required. 413-3 . 604 Activities requiring permits . 413-3 . 606 Other permits and requirements . 413-3 . 608 Term. 413-3 . 610 Separate activities . 413-3 . 612 Permit-to-operate display. 413-3 . 614 Vending machine operators . 413-3 . 616 Penalties . Article 413-3.8 Issuance of Permits Sections: 413-3 . 802 Application. 413-3 . 804 Permit content. 413-3 . 806 Additional identification. 413-3 . 808 Renewal of permits . 413-3 . 810 Lost or stolen permits . 413-3 . 812 Refunds . 413-3 . 814 Temporary permits . Article 413-3.10 Exemptions Sections: 413-3 . 1002 Blind. 413-3 . 1004 Charitable or tax-supported institutions . 413-3 . 1006 Veterans . 413-3 . 1008 Fee exception only. 413-3 . 1010 Delivery vehicles . Article 413-3. 12 Permit Fees Sections: 413-3 . 1202 Square footage. -2- ORDINANCE NO. 93- 413-3 . 1204 Temporary permit fees . 413-3 . 1206 Delinquency, penalty, and waiver. 413-3 . 1208 Plans and inspection deposits . 413-3 . 1210 Prorating fees . 413-3 . 1212 Fees . 413-3 . 1214 Miscellaneous fees for service. 413-3 . 1216 Violation reinspection fee. Article 413-3.14 Enforcement Sections: 413-3 . 1402 General . 413-3 . 1404 Administration and regulation. 413-3 . 1406 Temporary suspension. 413-3 . 1408 Emergency suspension. 413-3 . 1410 Revocation. 413-3 . 1412 Hearings . 413-3 . 1414 Appeals . Article 413-3.2 General Provisions 413-3 .204 Purpose and authority. Pursuant to Health and Safety Code Section 510, the board determines : ( 1 ) That the expenses of the health officer, in the enforcement of statutes , orders, quarantines, embargoes, rules, and regulations , prescribed by state officers and departments relating to public health, are not met by any fees prescribed by the state; and ( 2) That the fees prescribed herein will help pay the health officer' s reasonable expenses incurred in such enforcement . (Ords . 93- § 2, 74-1 § 1 (part) , 1974: see also Health & Saf . Code § 4010 . 8 . ) 413-3 .206 Area of application. Permits required by this chapter shall be required of every activity described herein, within the unincorporated area of the county and within any city in which the county health officer enforces any state statute, order, quarantine, rule, or regulation relating to public health. (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3.208 California Uniform Retail Food Facilities Law implemented. Environmental health permits for food facilities shall serve as valid permits to operate as provided in Section 27551 of the California Health and Safety Code. To the extent that the fees imposed pursuant to Chapter 413-3 are fees authorized under Section -3- ORDINANCE NO. 93- 27551 of the California Health and Safety Code, such fees are hereby imposed pursuant to Section 27551 . (Ords . 93- § 2, 85-27 § 1 . ) Article 413-3.4 Definitions 413-3 .402 General (a) Unless otherwise specifically provided, or required by the context, the following terms have the following meanings in this chapter. (b) Terms not .defined herein but defined in the California Health and Safety Code have the meanings given in that code. (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3 .404 Activity. "Activity" means every business, occupation, operation, activity, machine, vehicle, or object engaged in or used for the purposes and subjects regulated herein. (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3.406 Area of application. "Area of application" means the geographical area described in Section 413-3 . 206 . (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3.408 Health officer. "Health officer" means the county (city) health officer and his duly authorized deputies and subordinates . (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3.410 Incidental retail food market. "Incidental retail food market" means activity incidental to a main nonfood business operation (e.g. department, drug, variety, and bait stores ) , for the sale of candy, gum, peanuts, chips, or similar confectionery, and non- potentially hazardous food and beverages, with either ( 1 ) less than one hundred square feet of floor space (including aisles and walk areas ) devoted to the incidental activity, or ( 2 ) less than six hundred dollars retail value of food in stock. (Ords . 93- § 2, 74-79 § 1 . ) 413-3 .412 Permit year. "Permit year" for retail food vehicles and vending machines means January 1st through December 31st. "Permit year" for all - other activities means March 1st through February 28th ( 29th) . (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3 .414 Retail food vehicle. "Retail food vehicle" means any vehicle designed or used or intended to be used by or for any one or more of the following persons and/or uses : bakery distributor, fish peddler, food salvage distributor, fruit and/or vegetable distributor, -4- ORDINANCE NO. 93- grocery distributor, industrial catering, mobile food preparation unit, and temporary food facility. It includes any vehicle from which animal food, bakery products, fish, shellfish, seafood, fruits, vegetables, meats, poultry, preserves, jelly, relish, milk or any other dairy products, food or food products, ice or beverages, whether in bulk, canned, wrapped, bottled, packaged, or any other form, are sold or kept for sale at retail, or are distributed to the consumer. (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3 .416 Small water system. "Small water system" means a utility system which furnishes water for domestic purposes to from two through one hundred ninety-nine service connections inclusive and includes "Public Water System" as defined in California Health and Safety Code Section 4010 . 1 and its applicable regulations under Title 22 of the California Code of Regulations . (Ords . 93- § 2, 81-56 § 2, 74-79 § 2: H. &S .C. §§ 4010 ff . ) 413-3 .418 Vending machine business. "Vending machine business" means the activity of selling food or drink by vending machine( s ) , regardless of the number of machines or locations . (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3.420 Septic tank-chemical toilet cleaner. "Septic tank- chemical toilet cleaner" means a person engaged in the business of cleaning septic tanks, individual sewage systems, holding tanks, pit privy, cesspools or seepage pits , or of providing or cleaning chemical toilets . (Ords . 93- § 2, 78-43 § 1 . ) Article 413-3.6 Permit Requirements 413-3. 602 Environmental health permit required. No person shall conduct, operate or engage in any activity or object listed in Section 413-3 . 604 , within the area of application, without having a valid, unrevoked, unsuspended environmental health permit therefor. (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3. 604 Activities requiring permits. An environmental health permit is required for all of the following: restaurants, vending machine businesses, taverns, cocktail lounges, bars, snack bars, drive-in/take-out food establishments, commissaries, food catering, school cafeterias, temporary food facilities, retail food markets, roadside food stands, food salvagers, food processing establishments, retail food vehicles, bakeries, incidental retail food markets , certified farmers ' markets, wholesale food operations, ice plants, septic tank-chemical toilet cleaners, public swimming pools and/or -5- ORDINANCE NO. 93- spas, small water systems , wiping rag businesses , and medical waste generators . (Ord. 93- § 2, Ords . 89-56 § 3, 85-28 § 2, 84-37 § 2, 78-43 § 1 , 74-79 § 3, 74-1 . ) 413-3.606 Other permits and requirements. Permits required by this chapter are in addition to any other license or permit required within the area of application, and do not exempt any person, operation, or premises from sanitary requirements enforced by the health officer. (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3.608 Term. Permits shall be effective for not more than one year. No permit for retail food vehicles and vending machines is valid after midnight on December 31 of the year it is effective. No other permit is valid after midnight on February 28th ( 29th) after its effective date. (Ords . 93 § 2, 74-1 § 1 (part) , 1974 . ) 413-3 .610 Separate activities. If a person engages in, conducts, manages or carries on more than one activity or object requiring a permit, each such activity or object shall be considered as separate and distinct from the other(s) , whether located on the same premises or not . (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3.612 Permit-to-operate display. (a) Exhibition on Request. Every person required to have a permit hereunder shall show it to the health officer upon request. (b) Fixed Place of Business . Every person with a fixed location for a permitted activity shall keep the permit conspicuously posted therein. (c) Temporary Food Facility and Vehicle. Every person without a fixed place for a permitted activity shall carry the permit with him at all times while so engaged; and the operator of every retail food vehicle shall keep its permit in the vehicle while it is so used. (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3.614 Vending machine operators. (a) Identification Plate. Each food or drink vending machine shall have conspicuously affixed thereon a durable identification plate, setting forth its model number or symbol and its individual identifying serial number. (b) Identification Decal . Each such machine shall have similarly affixed a decal or other identification, furnished by the health officer, indicating that the required environmental health permit fee has been paid for the current permit year. (c) List of Machines . The operator of a food or drink vending machine activity shall maintain in its principal place of business a current record or list by serial number of every such machine and its -6- ORDINANCE NO. 93- location within the area of application. (d) Annual Report. On or before November 1st of each year, the operator of a food or drink vending machine activity shall give the health officer a list of the addresses where the machines for which the operator intends to obtain permits for the following permit year, are located. (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3 .616 Penalties. Any person violating any provision of this chapter or who fails to obtain and retain at all times while conducting business , a valid, unrevoked, unsuspended environmental health permit, shall pay triple the applicable fee as a penalty. This penalty is in addition to other fees, penalties, and enforcement procedures . (Ord. 93- § 2 . ) Article 413-3.8 Issuance of Permits 413-3.802 Application. Every person owning, conducting or operating any activity for which a permit is required hereunder shall apply for a permit to the health officer, on a form provided by the health officer, and pay the appropriate application fee. If the health officer approves the application, the applicant will be notified in writing. The health officer shall issue an environmental health permit when all applicable requirements have been met . Temporary permits are governed by Sections 413-3 . 814 and 413-3 . 1222 . (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3. 804 Permit content. Every environmental health permit shall contain at least the following information: ( 1 ) Name and address of the permittee; ( 2 ) Nature and location of the permitted activity or object; ( 3 ) If issued for a retail food vehicle, the vehicle identification number and license number; ( 4 ) Date of issuance, and statement of its period of validity or of its invalidity after February 28th ( 29th) or other specified date; (5 ) Statement that it is not transferable between persons, vehicles, objects or places; and ( 6 ) Statement that it is conditioned on compliance with all applicable laws and regulations . (Ords . 93- § 2 , 74-1 § 1 (part) , 1974 . ) 413-3 . 806 Additional identification. When it is deemed necessary, the health officer will issue with any permit, further identification in the form of a decal or gummed sticker to be conspicuously displayed. Decals issued for retail food vehicles shall be affixed -7- ORDINANCE NO. 93- on the left rear panel of the appropriate vehicle.. (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3.808 Renewal of permits. (a) Issuance . ( 1 ) Vending Machines . On or before every November 30th, the health officer may send to each person who obtained an environmental health permit for a vending machine during the permit year, a bill (invoice) for the appropriate permit fee for the following year. ( 2 ) Retail Food Vehicles . On or before every November 30th, the health officer may send to each person who obtained an environmental health permit for a retail food vehicle during the permit year, a notice of inspection of the retail food vehicle and a bill (invoice) for the appropriate permit fee for the following year. No permit for a retail food vehicle will be issued or renewed unless and until the vehicle is presented to the health officer, or his designee, for inspection. ( 3 ) All Other Activities . On or before every January 31st, the health officer may send to each person who obtained an environmental health permit during the permit year, a bill (invoice) for the appropriate permit fee for the following year. The permittee will be mailed or provided with a fee-receipted permit when the fee is paid and all necessary inspections are passed. (b) Effective Date and Display. No permit is valid or issuable unless and until the required permit fee, together with any penalties, is received by the health officer or postmarked before the effective (delinquency) date and all required inspections are passed. The permittee shall display the fee-receipted permit or shall make it available upon demand in the case of objects and machines . (c) Reports on Renewals . ( 1 ) Vending Machines . On every February 1st, or as soon as practicable thereafter, the health officer, or his designee, shall compile a list of the names of those vending machine permitees who have, and who have not, renewed their vending machine permits . ( 2 ) All Other Activities . On every April 1st, or as soon as practicable thereafter, the health officer, or his designee, shall compile a list of the names of those permitees who have, and who have not, renewed their permits . (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3.810 Lost or stolen permits. The health officer, upon receiving an application fee, may provide a copy of a permit to a permittee who indicates that his permit has been lost or stolen. (Ords . 93- § 2 , 74-1 § 1 (part) , 1974 . ) 413-3 .812 Refunds . The auditor shall refund to a permittee all moneys erroneously collected if the permittee files a proper claim demonstrating this to the auditor. (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) -8- ORDINANCE NO. 93- 413-3. 814 Temporary permits. The health officer may issue a non- renewable and non-transferrable temporary permit for activities or objects permitted hereunder for a period of not more than thirty-one consecutive calendar days in any permit year. The application process and other matters regulated by this article shall apply to temporary permits and permitees . (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) Article 413-3.10 Exemptions 413-3 .1002 Blind. The health officer shall issue without fee but on application, a permit to any blind person (having not more than ten percent visual acuity in the better eye without correction) who otherwise would be entitled to such permit, and who files with his application a certificate signed by a licensed physician or by the State Bureau of Vocational Rehabilitation that he is a blind person. (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3 . 1004 Charitable or tax-supported institutions. The health officer shall issue without fee but on application, a permit to any person who conducts an activity requiring a permit exclusively for religious or charitable purposes if at least seventy-five percent of the net proceeds from such activity inures directly to the benefit of such charitable purposes . (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3 . 1006 Veterans. The health officer shall issue, without fee but on application, a permit to any honorably-discharged veteran. The veteran must be the sole owner of the business or activity or a co- owner with other honorably-discharged veteran(s ) and must not sell alcoholic beverages . (Ord. 93- § 2 . ) 413-3. 1008 Fee exception only. The exemptions provided by this article are for environmental health permit fees only and do not exempt these applicants from any application, inspection, reinspection, plan review fees or penalties, or miscellaneous fees for service. (Ord. 93- § 2 . ) 413-3 . 1010 Delivery vehicles. Vehicles used by a fixed-location food market or restaurant permitted hereunder to deliver food products therefrom do not need separate permits . (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) -9- ORDINANCE NO. 93- Article 413-3.12 Permit Fees 413-3 .1202 Square footage. Where permit fees are based on square footage, this refers to the area occupied by, attendant to, and in support of the activity or object requiring an environmental health permit. (Ords . 93- § 2, 7-1 § 1 (part) , 1974 . ) 413-3. 1204 Temporary permit fees. Temporary permit fees are equal to the annual fee, or, in the case of proratable fees, are prorated under Section 413-3 . 1210 . (Ords . 93- § 2, 74-79 § 4 , 74-1 . ) 413-3.1206 Delinquency, penalty and waiver. (a) If any fee required by this chapter is not paid before the delinquency date, it shall be increased by twenty-five percent. The delinquency date is : In the case of initial applications, the thirty-second calendar day after commencement of the approved activity; in the case of permit renewals for activities other than vending machines and retail food vehicles , March 1st; in the case of permit renewals for vending machines and retail food vehicles , January 1; and in the case of temporary permits, the first day after commencement of the activity in question. (b) An additional penalty of 40% of the fee will be imposed for any fee that remains unpaid for more than 60 days after the delinquency date. (c) In addition to the above delinquent penalties , the delinquent permittee is also subject to 100% of the administrative, legal, and collection costs and/or charges . (d) The health officer may waive any penalty incurred without substantial fault by the applicant or permittee and without substantial lessor damage to the county or city. (Ords . 93- § 2, 74-79 § 5, 74-1 . ) 413-3. 1208 Plans and inspection deposits. (a) Deposit Required. The health officer shall collect a nontransferable deposit equal to three times the annual permit fee, for checking plans and inspecting construction or remodeling, for permitable activities other than vehicles and vending machines . (b) Deposit Exception. Those facilities that are exempt from the annual permit fee by Article 413-3 . 1008 shall pay a plan review fee for each set of plans. reviewed by the health officer. The plan review fee shall be prescribed by the board by resolution and may be amended by the board by resolution from time to time. (c ) Charge, Refund, etc . Actual costs shall be charged against the deposit at an hourly rate(s ) to be established annually before November 30th by the auditor-controller, plus an administrative fee of -10- ORDINANCE NO. 93- twenty five percent ( 25% ) of the deposit. If the deposit is exhausted before final approval by the health officer, or if the balance is not sufficient to cover anticipated remaining costs, the health officer shall collect from the applicant an additional deposit equal to three times the annual fee (or such lesser amount as the health officer deems adequate) to cover said costs before any further review or inspection is made. Failure to pay the additional deposit within ten days following receipt of written notification shall void all prior approvals , and any further construction or activity shall be deemed unlawful . If the deposit is not exhausted, upon final approval by the health officer, the balance shall be refunded to the depositor. (d) Time Limit. A plans approval is valid for only six months unless work has begun. If work has not commenced within such time, the actual costs plus an additional twenty five percent ( 25% ) administrative fee shall be charged against the deposit. Resubmission of plans and deposit shall conform with subsections (a) and (b) of this section. (e) Penalties . Any person violating this section by failing to submit plans , obtain necessary inspections and approvals or make deposits , or by commencing or continuing construction or remodeling in violation hereof, shall pay triple the fee as a penalty and remain subject to other applicable penalties and enforcement procedures . (f ) Approval Limits . The approval of plans and specifications shall not prevent the health officer from thereafter requiring correction of errors and/or omissions in such plans and .specifications , or from preventing construction, installation and operations being carried out thereunder when in violation of this code and/or other applicable laws . (Ords . 93- § 2, 78-88, 76-46, 74-1 . ) 413-3 . 1210 Prorating fees. Unless otherwise provided, when a permit is first issued for an activity to commence, the fee shall be prorated as follows , but never to less than one hundred dollars : The full annual fee shall be paid if the activity starts during March through May, three-fourths if during June through August, one-half if during September through November, and one-fourth if during December through February. (Ords . 93- § 2, 78-43 § 1, Ord. 74-1 (part) , 1974 . ) 413-3 . 1212 Fees. The board may, by resolution and from time to time, prescribe fees for the application, issuance, and renewal of environmental health permits . (Ords . 93- § 2 . ) 413-3 . 1214 Miscellaneous fees for service. A service charge shall be charged for services not otherwise covered by fees in this chapter, including but not limited to consultation services, plan reviews of existing permitted activities, food equipment evaluations and reviews, site evaluations, investigations, and other requests related to -11- ORDINANCE NO. 93- services for which a fee is not otherwise provided. The service charge shall be prescribed by the board by resolution and may be amended by the board by resolution from time to time. (Ord. 93- 2 . ) 413-3.1216 Violation Reinspection Fee. In the event that a permittee is directed by the health officer to make changes and/or corrections in a food facility or other activity requiring a permit hereunder, for the purpose of bringing the food facility or activity into compliance with the provisions of this chapter and/or state law, the health officer shall charge the permittee a reinspection fee for each and every reinspection performed by the health officer after the first inspection following the direction to correct, until the necessary changes and/or corrections are made. The reinspection fee shall be prescribed by the board by resolution and may be amended by the board by resolution from time to time. (Ord. 93- § 2 . ) Article 413-3.14 Enforcement 413-3.1402 General. The provisions of this article control in the absence of contrary provisions of state or county law particularly applying to one or more permitable activities hereunder; however, violations of this chapter are also -subject to criminal and/or civil enforcement procedures as are all other violations of this code. (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3 . 1404 Administration and regulation. The health officer shall administer this chapter. The health officer may promulgate regulations carrying out these provisions, including, but not limited to, prescribing application and identification forms . (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3. 1406 Temporary suspension. (a) Complaint. When a written complaint is filed with or by the health officer or one of his deputies that some applicable law or regulation is being violated by any person or permitable activity, the health officer may order a hearing pursuant to Section 413-3 . 1412 . (b) Period. After hearing, the health officer may suspend the permit until the health officer is assured of compliance with applicable laws and regulations, and the health officer may post notice of this action in a conspicuous place. (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3 .1408 Emergency suspension. (a) Health or Safety Danger. After making a written finding that the public health or safety is -12- ORDINANCE NO. 93- endangered by some person or permitable activity, the health officer or one of his deputies may order the immediate cessation of the activity, abatement of the condition, or action to correct the condition, and he may order the emergency suspension of the permit and its removal from the person or premises; and he may post notice of this action in a conspicuous place. Emergency suspension is in addition to, and not limited by nor in derogation of, any other authority or power which the health officer may have under this or other laws or regulations . (b) Period. Each emergency suspension, as distinct from any other authorized action, is effective for not more than seven calendar days, including the first day on which the permit is suspended. At the end of that period, or sooner if a finding is made that the public health or safety is no longer endangered, the permit becomes valid again, unless a hearing is ordered pursuant to Section 413-3 . 1412 . (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3.1410 Revocation. The health officer or one of his deputies may revoke and confiscate a permit if : ( 1 ) It has been suspended once after hearing; and ( 2 ) Violations of this chapter or other applicable laws or regulations or acts or omissions endangering the public health continue; and ( 3 ) The health officer makes a written finding that correction of the situation is impracticable and that the public health is endangered. The health officer or his designee may post notice of this action in a conspicuous place. (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) 413-3 . 1412 Hearings . (a) Notice. The health officer shall give written notice of the hearing to the permittee or the person involved or in charge of the premises or operation, delivered or mailed to the latest address on file . The notice shall specify: ( 1 ) The hearing date, time and place (not more than fifteen days thereafter) ; ( 2 ) The reasons for the hearing; and ( 3 ) The permittee' s rights to correct, comply with, or desist from, the cited reasons , and/or show cause against suspension of the permit. (b) Conduct. The health officer or one of his deputies shall conduct the hearing, or he may have the county hearing officer conduct it and recommend back to him a suggested disposition of the matter. Hearings may not be postponed or continued longer than ten days from the original date without the consent of the permittee. (c) Decision. The health officer or his subordinate or deputy shall make his written decision within fourteen days after: ( 1 ) The hearing' s close; or ( 2 ) His receipt of the hearing officer's recommendations; and he shall promptly notify the permittee thereof . (Ords . 93- § 2, 74-1 § 1 (part) , 1974 . ) -13- ORDINANCE NO. 93- 413-3.1414 Appeals. Appeals are governed by Chapter 14-4 . (Ords . 93- 2, 74-1 S 1 (part) , 1974 . ) SECTION III. The fees presently in force and established by resolution prior to the effective date of this ordinance shall remain in full force and effect unless and until changed by subsequent action by the board. SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of the supervisors voting for and against it in the , a newspaper published in this County. PASSED ON by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: Deputy Board Chair [SEAL] VLD:ld a:\fees4 -14- ORDINANCE NO. 93-