HomeMy WebLinkAboutMINUTES - 12172002 - C.28 ORDINANCE NO. 2002-48
(Environmental Health Violations)
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 Section 14-8.008 of the County Ordinance
Code to authorize the Director of Health Services to issue infraction citations for violations of Chapters
414-4 (small water systems), 414-6 (individual water systems),416-14 (rat control and refuse
disposal), 418-2 (refuse collection), 418-6 (mandatory subscription), 418-12 (food establishment
litter),420-2 (sewage regulations) and 420-6 (sewage systems). This ordinance also amends Chapter
413-3 (environmental health permits and fees) so that the permit year for mobile food preparation units
and septic tank-chemical toilet cleaners is from January I" through December 3151. This ordinance also
amends Chapters 413-3 and 414-6(transporting water for domestic use)to update and correct various
outdated references to the California Health and Safety Code. This ordinance also adds Chapter 418-
12 (former Chapter 470-6) to prohibit litter nuisances at food establishments.
SECTION II. Section 14-8.008 of the County Ordinance Code is amended to read:
14-8.008 Infraction arrest and citation.
(a) The following officers, or their designated subordinates, shall have and are hereby vested with
the authority to arrest any person who violates the following provisions of this code and other
codes as indicated,punishable as infractions:
(1) Director of Health Services: Division 413, Chapters 414-4, 414-6, 416-14,418-2,
418-6, 418-12, 420-2, 420-6,450-6 and Labor Code Section 6404.5.
(2) Director of Building Inspection: Title 7.
(3) Director of Community Development: Title 8.
(4) Director of Public Works: Divisions 1002, 1010, 1014, 1106 and 1110.
(5) Sheriff. Division 1110.
(b) The above-listed officers, or their designated subordinates, may issue citations for infraction
violations of the above-listed code provisions.
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(c) The county administrator may by written order issue regulations to provide for administration,
procedures and policy direction for this section. (Orris. 2002-48 § 2, 2001-3 § 1, 98-31 § 1,
98-22 § 2, 96-21 § 2, 95-36 § 1, 90-122 § 2, 86-80 § 2; Penal Code §§ 19.7, 836.5, and
853.6; Labor Code § 6404.5.)
SECTION III. Section 413-3.204 of the County Ordinance Code is amended to read:
413-3.204 Purpose and authority. Pursuant to Health and Safety Code Section 101325, 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. 2002-48 §3, 93-58, §2, 74-1 §1 (part), 1974: see also Health &
Saf. Code §116340).
SECTION IV. Section 413-3.208 of the County Ordinance Code is amended to read:
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 113920 of the
California Health and Safety Code. To the extent that the fees imposed pursuant to Chapter 413-3 are
fees authorized under Section 113920 of the California Health and Safety Code, these fees are hereby
imposed pursuant to Section 113920. (Orris. 2002-48 §4, 93-58 §2, 85-27 §1.)
SECTION V. Section 413-3.412 of the County Ordinance Code is amended to read:
413-3.412 Permit year. "Permit year" for retail food vehicles,mobile food preparation units, septic
tank-chemical toilet cleaner vehicles, and vending machines,means January I"through December 31 `.
"Permit year'*for all other activities means March I`through February 28`h(29"). (Ords. 2002-48
§5, 93-58 §2, 74-1 §I (part), 1974).
SECTION VI. Section 413-3.416 of the County Ordinance Code is amended to read:
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 116275 and
its applicable regulations under Title 22 of the California Code of Regulations. (Ords. 2002-48 §6, 93-
58 §2, 81-56 §2, 74-79 §2: Health& Saf: Code §§ 116270 ff).
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SECTION VIL Section 413-3.604 of the County Ordinance Code is amended to read:
413-3.604 Activities requiring permits. An environmental health permit is required for all of the
following: food establishments, vending machine businesses, taverns, cocktail lounges, Mars, snack bars,
commissaries, cart commissaries, food catering, special events food booths, school cafeterias, itinerant
food facilities, retail food markets,roadside food stands, food salvagers, retail food vehicles, mobile
food preparation units, bakeries, incidental retail food markets, certified farmers' markets, septic tank-
chemical toilet cleaners,public swimming pools and/or spas, small water systems, wiping rag
businesses, and medical waste generators. (Ords. 2002-48 §8, 93-58 §2, 89-56 § 3, 85-28 §2, 84-
37 §2, 78-43 §1, 74-79 §3, 74-1).
SECTION VIII. Section 413-3.608 of the County Ordinance Code is amended to read:
413-3.608 Term. Permits shall be effective for not more than one year. No permit for retail food
vehicles,mobile food preparation units, septic tank-chemical toilet cleaner vehicles, or vending
machines is valid after midnight on December 31 st of the year it is effective. No other permit is valid
after midnight on February 28th (29th) after its effective date. (Ords. 2002-48 §8, 93-58 §2, 74-1 §1
(part), 1974).
SECTION IX. Section 413-3.804 of the County Ordinance Code is amended to read:
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,mobile food preparation unit or septic tank-chemical toilet
cleaner 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.
2041-48 §9, 93-58 §2, 74-1 §1 (part), 1974).
SECTION X. Section 413-3.848 of the County Ordinance Code is amended to read:
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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, Mobile Food Preparation Units, and septic'Tank-Chemical
Toilet Cleaner 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 or mobile food preparation unit or septic tank-chemical toilet cleaner vehicle
during the permit year, a notice of inspection of the retail food vehicle or mobile food
preparation unit or septic tank-chemical toilet cleaner and a bill (invoice) for the
appropriate permit fee for the following year. No permit for a retail food vehicle or
mobile food preparation unit or septic tank-chemical toilet cleaner 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 31 st, 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 passed.
(b) Effective mate 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 1 st,or as soon as practicable thereafter, the
health officer, or his designee, shall compile a list of the names of those vending machine
permittees who have, and who have not,renewed their vending machine permits.
(2) All Other Activities. On every April 1 st, or as soon as practicable thereafter, the health
officer,or his designee, shall compile a list of the names of those permittees who have,
and who have not,renewed their permits. (Ords. 2002-48 §10, 93-58 §2, 74-1 §1
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(part), 1974).
SECTION XI. Section 413-3.12036 of the County Ordinance Code is amended to read:
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, septic tank-chemical toilet cleaner vehicles,
retail food vehicles, and mobile food preparation units, March I st; in the case of permit
renewals for vending machines or septic tank-chemical toilet cleaner vehicles or retail food
vehicles or mobile food preparation units,January I stj and in the case of temporary permits, the
first day after commencement of the activity in question.
(b) An additional penalty of forty percent of the fee will be imposed for any fee that remains unpaid
for more than sixty days after the delinquency date.
(c) In addition to the above delinquent penalties, the delinquent permittee is also subject to one
hundred percent 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. 2402-48 §11,
93-58 §2, 74-79 §5, 74-1).
SECTION XII. Section 414-4.205 of the County Ordinance Code is amended to read:
4144.205 Approved water supply system. "Approved water supply system"means any system,
approved by the health officer, or the California Department of Health Services, as meeting the
requirements of Title 22 of the California Code of Regulations. (Ords. 2002-48 §12, 81-56 §1).
SECTION XIII. Section 41.4-4.221 of the County Ordinance Code is amended to read:
4144.221 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 116275 and
its applicable regulations under Title 22 of the California Code of Regulations. (Ords. 2402-48 §13,
81-56 §1).
SECTION XIV. Section 414-6.202 of the County Ordinance Code is amended to read:
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414-6.202 Applicability. The provisions of this chapter supersede any inconsistent provisions
elsewhere in this code, and they apply whether or not the acts are performed for compensation; but
they do not apply to any person providing pure potable water for his own single-family dwelling or to
water regulated by Health and Safety Code Sections 116270 ff. (Ords. 2002-48 §14, 77-50 §1
(part))-
SECTION XV. Section 414-6.218 of the County Ordinance Code is amended to read:
414-6.218 Transport water. To "transport water"means to move water by a water vehicle or by any
other means not regulated by Health and Safety Code Sections 116270 ff., for supplying, distributing,
or delivering it for domestic use. (Ords.2002-48 §15, 77-50 §1 (part)).
SECTION XVI. Section 414-6.606 of the County Ordinance Code is amended to read:
414-6.606 Permit.
(a) Issuance. The health officer shall approve, conditionally approve, or deny the application, and
issue or withhold the permit accordingly,on the basis of compliance with this chapter and her
regulations.
(b) Conditions. Conditions may include requirements for sanitizing containers, regular
bacteriological and chemical testing in accordance with Division 4 of Title 22 of the California
Administrative Code, higher chlorine residual,recordkeeping, requirements for labeling
containers, and others the health officer deems appropriate.
(c) Duration. Permits are not valid beginning the January I"following their issuance.
(d) Renewal. Renewal of permits are to be processed and paid for as though they were
applications for new permits. (Ords. 2002-48 § 16, 77-50 §1 (part)).
SECTION XVII. Section 414-6.804 of the County Ordinance Code is amended to read:
414-6.804 Water quality standards and filling points.
(a) Water transported for domestic use shall be obtained only from a system operating under a
valid permit from the State Department of Health Services or approved by the health officer as
meeting all standards for potable water established in Division 4 of Title 22 of the California
Code of Regulations.
(b) The outlet connections of filling points shall be so constructed and protected that no foreign
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matter likely to contaminate or pollute the water can come in contact with the outlet when not in
use or with the water during the time of delivery. (Ords. 20012-48 § 17, 77-50 §1 (part)).
SECTION XVIII. Chapter 418-12 is added to the County Ordinance Code, to read.
Chapter 418-12
FOOD ESTABLISHMENT LITTER
418-12.002 Findings. The Environmental Health Division of the Health Services Department enforces
the California Uniform Retail Food Facilities Law and issues environmental health permits to food
establishments open for business. The Board of Supervisors finds that the proliferation of trash, litter
and sometimes garbage in neighborhoods located near food establishments, including fast food
restaurants, is unsightly, unhealthy and has a negative effect on property values. Therefore, the board
declares that the provisions in this chapter declaring trash, litter and garbage originating from food
establishments to be a public nuisance and requiring abatement of that nuisance, are in the best interest
of the public and are necessary to protect public health and safety,promote civic pride, and preserve
property values. (Ords. 2002-48 § 18, 89-49 § 3.)
418-12.004 Definition. "Food establishment"has the meaning set forth in California Health and
Safety Code section 113780. A food establishment includes any business selling perishable food or
beverages, or both, in disposable containers or wrapping, for consumption off the premises of the
establishment. (Ords. 2002-48 § 18, 89-49 § 3.)
418-12!006 Litter nuisance. The owner or operator of food establishment is responsible for the
deposit of litter, trash or garbage identifiable as originating from the food establishment, on public
property within 400 feet of any boundary of the premises on which the food establishment is located.
(Ords. 2002-48 § 18, 90-30 § 2, 89-49 § 3, 88-89 § 2.)
418-12..008 Nuisance declaration, abatement. Litter,trash or garbage identifiable as originating
from a food establishment on public property within 400 feet of any boundary of the premises on which
the food establishment is located is declared to be a public nuisance. In addition to any other remedy
provided by law, this condition may be abated pursuant to Article 14-6.4, except that any lien resulting
from an abatement will attach against the real property upon which the food establishment is located.
(Ords. 2002-48 § 18, 90-30 § 2, 89-49 § 3, 88-89 § 2.)
SECTION XIX. EFFECTIVE DATE. This ordinance becomes effective thirty(30)days after
passage, and within fifteen (1S)days after passage shall be published once with the names of
supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County.
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PASSED on 4- t ' c -by the following vote:
AYES: SUPERVISORS UILKEMA, GERBER,
DESAULNIER, GLOVER and GIOIA
NOES': None
ABSENT: None
ABSTAIN: None �.
ATTEST: JOHN SWEETEN,
Clerk of the Board of Supervisors ioar Chair
and County Administrator
By: f v [SEAL]
uty
TLG:
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