Barstow Municipal Code Ch. 6.24 Environmental Health Code

Pursuant to title 17 of the California Administrative Code, and other relevant state law, for the protection of the environmental public health, the issuance of permits and collection of fees, and providing penalties and remedies for the violation of such regulations, there is adopted by the city, as its Environmental Health Code (EHC), that certain code known as the Uniform Environmental Health Code, being chapters 1 through 11, division 3, title III of the San Bernardino County Code, except as provided in section 6.24.020. The city designates the county department of environmental health services (DEHS) as the enforcement agency for the purpose of this Environmental Health Code and all state law pertaining to environmental health. Pursuant to Government Code § 50022.6, a copy of said code is on file in the office of the clerk of the city and the same is adopted and incorporated as fully as if set out at length in this chapter.

(Code 1969, § 6.24.010; Ord. No. 567, § 3(part), 1987)

The Environmental Health Code is amended, changed or deleted as follows:

(1) Chapter 7, Article 2, Underground Storage of Hazardous Substances, is deleted.

(2) Chapter 8, Article 2, Refuse collection, is deleted.

(3) Chapter 8, Article 4, Sewage Holding Tanks, Article 6, Designated Maintenance Areas and Article 7, Operation of Multiple Ownership Septic Systems, are deleted.

(Code 1969, § 6.24.020; Ord. No. 567, § 3(part), 1987; Ord. No. 958-2018, 8-20-2018)

(a) It is unlawful for any person or entity to deny access, interfere with, prevent, restrict, obstruct, or hinder the department of environmental health services' (DEHS) employees or agents acting within the scope of their duty or agency. Offering physical resistance or bodily attack upon authorized representatives of DEHS acting within the scope of their duty or agency is a misdemeanor, punishable by imprisonment in the county jail for not less than ten days, without the alternative of a fine.

(b) In addition to criminal prosecution, civil action, and every other remedy or penalty provided by law, public nuisance may be abated or enjoined in an action brought by DEHS, or under circumstances immediately dangerous to public health or safety, may be summarily abated by DEHS enforcement officers as provided in this chapter or otherwise in the manner provided by law for the summary abatement of public nuisances.

(c) Except where punishable as a misdemeanor or felony under state law or in this chapter, any person or entity who violates any provision of this Environmental Health Code (EHC) shall be guilty of an infraction and, upon conviction thereof, shall be punished by a fine of not less than $25.00, but not exceeding $100.00 for a first violation, a fine not exceeding $200.00 for a second conviction within one year, and a fine not exceeding $500.00 for the third conviction within one year, the fourth and additional convictions within one year shall be punishable as misdemeanors and shall be punished by a fine not less than $250.00 nor more than $1,000.00, or by imprisonment in the county jail for a term not exceeding six months, or both, and such convicted person or entity may, in the discretion of the court, be adjudged in addition to the above penalties, to be liable to DEHS for all necessary costs incurred in investigation, discovery, analysis, inspection, cleanup, and other actual costs incurred by DEHS or its agents pertaining to the violation.

(d) Each day, or portion thereof, in violation shall be considered a separate and distinct offense. The owner, manager, and operator of every activity or facility subject to the jurisdiction of this EHC shall be responsible for any violation by any employee of any of its provisions. Payment of any penalty or serving any term of imprisonment provided for in this chapter shall not relieve any person or entity from the responsibility of correcting the condition constituting the violation.

(Code 1969, § 6.24.030; Ord. No. 567, § 3(part), 1987)

(a) The city adopts by reference and makes part of this chapter by reference the following portions of the San Bernardino County Code:

(1) Chapter 14 of division 3 of title 3.

(2) Section 16.0213B(b)(17) of chapter 2 of division 6 of title 1.

(b) The aforementioned county codes are adopted as the Inspection Grading of Food Establishments Code of the city.

(Code 1969, § 6.24.040; Ord. No. 805, § 1(part), 2005)

In accordance with section 33.1406(c) of the County Code, The letter grade card shall not be defaced, marred, camouflaged, hidden or removed. It shall be unlawful to operate a food establishment unless the letter grade is posted. Removal of the letter grade card is a violation of this chapter and may result in the suspension or revocation of the public health permit and shall be punishable as specified in section 33.0112 of the County Code.

(Code 1969, § 6.24.050; Ord. No. 805, § 1(part), 2005)