Chino Municipal Code Ch. 8.04 Environmental Health Code (ehc)

Adopted.

(Ord. 2004-05 § 11, 2004: Ord. 87-17 § 3 (part), 1987.)

The environmental health code is amended, changed, or deleted as follows:

A. Section 33.013. The phrase, "this EHC shall not be in conflict with State or Federal law" is hereby deleted and replaced by the phrase, "this EHC shall not be in conflict with State or Federal law or codes of the city of Chino."

B. Chapter 7, Article 2. "Underground Storage of Hazardous Substance" is deleted.

C. Chapter 8, Article 2. "Refuse Collection" is deleted.

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

E. Chapter 9, "Vector Control," is deleted.

F. Chapter 10, Article 1, "Regulations of Buildings Used for Human Habitation," and Article 2, "operation of Mobilehome Parks," is deleted.

(Ord. 87-17 § 3 (part), 1987.)

Whenever the term "county" or "county of San Bernardino" is named or referred to, the term "city" or "city of Chino" shall be substituted therefor unless the content makes such reference inconsistent with the standards and procedures of this chapter.

(Ord. 87-17 § 3 (part), 1987.)

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 herein 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) is guilty of an infraction and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars but not exceeding one hundred dollars for a first violation, a fine not exceeding two hundred dollars for a second conviction, within one year, and a fine not exceeding five hundred dollars for the third conviction within one year shall be punishable as misdemeanors and shall be punished by a fine not less than two hundred fifty dollars nor more than one thousand dollars, 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 herein provided shall not relieve any person or entity from the responsibility of correcting the condition constituting the violation.

(Ord. 87-17 § 3 (part), 1987.)