Alameda County Municipal Code Art. VIII Enforcement

ACDEH, through the health officer, is charged with the enforcement of the provisions of this chapter. Any authorized representative of the health officer or ACDEH may at all reasonable times enter any food facility or any place suspected of being a food facility to inspect the premises and operations in accordance with the California Retail Food Code, this chapter and all other laws and regulations.

(Ord. No. 2015-29, § 8, 6-9-15)

A. Any permit issued pursuant to the provisions of California Retail Food Code and this chapter may be suspended or revoked by ACDEH for a violation of the provisions of this chapter, or any applicable health law or regulation of the state.

B. Suspension or revocation proceedings shall be conducted in accordance with the California Retail Food Code and any regulations adopted by the director.

(Ord. No. 2015-29, § 8, 6-9-15)

A. A violation of Section 6.68.050(D) (unlawful operation without permit) is a misdemeanor punishable by fine, or imprisonment in the county jail for a period not exceeding six months, or both.

B. Any person violating Section 6.68.05(D) (unlawful operation without permit) may be enjoined from such violation by any court of competent jurisdiction. The remedy provided by this section is cumulative to any other remedy provided by law.

C. Any person who intentionally violates any injunction issued pursuant to this chapter shall be liable for a civil penalty collected by the ACDEH.

D. Continuing Violations. Where the conduct consisting of a violation of Section 6.68.05(D) (unlawful operation without permit) or an injunction issued pursuant to this chapter is of a continuing nature, each day of such conduct is a separate and distinct violation.

(Ord. No. 2015-29, § 8, 6-9-15)

Any person who, after notice, violates, or who, upon demand of the local enforcement agency, refuses or neglects to conform to any rule, regulation, order or directive prescribed by the local enforcement agency may be enjoined from such violation by any court of competent jurisdiction. The remedy provided by this section is cumulative to any other remedy provided by law. A civil action to enforce the provision of this section may be brought by the county counsel or the district attorney.

(Ord. No. 2015-29, § 8, 6-9-15)

A. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.

B. For the protection of public health and safety and to safeguard public health and provide to consumers food that is safe, in addition to any other enforcement action, violations of this chapter and the regulations may result in fines and penalties.

C. Any fines, penalties, fees and costs may be collected by ACDEH, or their designee by a civil action against the permit holder and/or operator.

D. The Board of Supervisors shall set a schedule of civil fines and penalties for those matters within its authority and in violation of this chapter and not already set by state law or regulation.

(Ord. No. 2015-29, § 8, 6-9-15)