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Home My WebLink AboutMINUTES - 06102003 - C.94 TO: BOARD OF SUPERVISORS us ° Contra FROM: Edward P. Meyer, Agricultural ;f �' ;• Comm€signer/D€rector of Weights and g�.M t Costa Measures DATE: June 10, 2003 C -,,County ' ' SUBJECT: Adopt Schedule of Fees for Inspections and Services Conducted by the Department of Weights and Measures SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: WAIVE second reading and ADOPT Ordinance No. 2003-14, adding Chapter 522-4 to the County Ordinance Code. FISCAL IMPACT: The costs for requested inspections and re-inspections are intended to be covered by the fees imposed. BACKGROUND: Section 12210 of the Business and Professions Code provides that a county's Board of Supervisors may authorize its Director of Weights & Measures to establish, from time to time, a schedule of fees to cover the cost of the inspection and testing of noncommercial weighing and measuring devices upon the written request of any person, firm or corporation. Section 12210.5 of the Business and Professions Code enables a county, if authorized by its Board of Supervisors, to charge a fee for the inspection and testing of any commercially used weighing and measuring device when the inspection or testing is requested by the owner or user of such device, and could legally be performed by a registered repairman. Section 12210.5 provides such fees shall be based upon a uniform schedule of fees established by the Director of Agriculture of the State of California for use by the counties. This ordinance would authorize the County's Director of Weights and Measures to charge and collect fees for the inspection and testing of both commercial and non-commercial weighing and measuring devices, including fees for re-inspection of commercial devices that fail ars initial inspection, in accordance with the schedule of fees established by the Director of Agriculture of the State of California as it may be amended from time to time. CONSEQUENCES OF NEGATIVE ACTION: If the Board does not authorize the new fees, the Department of Weights and Measures would be unable to charge these fees for requested inspect€ons and re-inspections and would have to absorb those cost- CONTINUED ostCONTINUED ON ATTACHMENT:ZYES SIGNATURE: ------ -----------------------------------------------------------------------------------------------------------------------------------------------------_---- wj„:..R COMMENDATION OF COUNTYADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ---4,.APPROVE OTHER SIGNATURE(S):``, ,- r _ y ---E' --_----------------------------------—-------------------- --------------------------- ---ACTION C31 BQAR C?N ti �; €C , { t APPROVE AS RECOMMENDED OTHER i J VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE ' ANC?CORRECT COPYOF AN ACTION TAKEN UNANIMOUS(ABSENT_„ 0 `A} AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: Ips Y�. 4 tib'- ATTESTED X A-140S ;E ' CONTACT: Vince Guise,646-5250 1�f-1N SWEETEN CLERK OF THE B6ARD OF SUPERVISORS AND CC: County Administrator COUNTY RDMINISTRRTOR s s € BY s � f # f DUTY SCHEDULE OF FEES All charges to be on a portal-to-portal basis plus mileage charges as indicated: a) Small capacity Scales $70.00* per hour + $1.00/mile (up to 10,000 GVW) b) Large capacity scales $85.00* per Dour+ $1.50/mile (14,000 to 40,000 GVW**) All scales exceeding $125.00* per hour + $2.00/mile 3,000 lbs. capacity (more than 44,040 GVW) c) Retail Gasoline Dispensers $ 53.40* per hour + $4.50/mile d) Wholesale Petroleum Meters $ 65.00* per hour + $0.75/mile e) Liquefied Petroleum Meters $ 85.04* per hour + $0.75/mile f) All Other Commercial Devices $ 65.00* per hour + $0.75/mile * One hour Minimum ** Gross Vehicle Weight ORDINANCE NO. 2003-14 Weights and Measures 'Testing 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 1. This ordinance adds Chapter 522-4 to the County Ordinance Code to authorize the Contra Costa County Agricultural Commissioner/Director of Weights and Measures to charge a fee for requested inspections and re-inspections of commercial and noncommercial weighing and measuring devices. The fee schedule is in accordance with those fees established by the State Director of Food and Agriculture. Section 11. Chapter 522-4 of Division 522 of the County Ordinance Code effectuates and is authorized by Business and Professions Code Sections 12210 and 12210.5. Section 11.1. Chapter 522-4 of the County Ordinance Code is added to read: Chapter 522-4 5224.202 Tees for Testing Weighing and Measuring Devices Upon Request. (a) For purposes of this Section, the term"commercial purposes"shall have the meaning prescribed in Section 12500 of the California Business and Professions Code. (b) Pursuant to the California Business and Professions Code, Division 5, Chapter 2, Article 2, Sections 12210(b) and 12210.5, the county sealer(director)of weights and measures will calibrate,test, weigh, and measure, and certify to the accuracy of,weights and measures and weighing and measuring devices and instruments, tools and accessories connected therewith, whether or not used for commercial purposes, upon the written request of any person. Fees will be charged by the county sealer(director) for these services in accordance with the uniform schedule of fees established by the Director of Food and Agriculture of the State of California, as it is amended from time to time, pursuant to Section 12210.5 of the California Business and Professions Code, (c) If any commercial weighing or measuring instrument or device is tested, as prescribed by section 12210(a)of the California Business and Professions Code, and found to be outside the tolerances or specifications set by the California Department of Food and Agriculture, the owner may request another test and the county sealer(director) will re-inspect,retest, and re-certify such instrument or device in order to determine if it is within those tolerances and specifications. The fee for any re-inspection,retesting or re-certification of commercial weighing or measuring devices that fail an initial test will also be in accordance with the uniform schedule of fees established by the Director of Food and Agriculture of the State of California, as it is amended from time to time, pursuant to Section 1221{1.5 of the California Business and Professions Code. Ordinance 2003-14 Page 1 (Ord. 2003-14; §3;Bus. &Prof. Code §§12210, 12210.5). Section IV. Effective Date. This ordinance becomes effective 30 days after passage, and within fifteen days after passage shall be published once with the names of the Supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County. PASSER and ADOPTED on June 10. 2003 by the following vete: AYES: SUPERVISOR GIOIA, UILKEMA, GLOVER. & DeSAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III IS VACANT ATTEST: JOHN SWEETEN Clerk of the Board of Supervisors and Co� ty Administrator { f By. 'Deputy Chair,Board of Supervisors (SEAL) BL:\bl HAAAOcukturetinspection Eee\f+ec ordinance finak.wpd Ordinance 2003-14 Page 2