Contra Costa County Municipal Code Ch. 48-16 Enforcement

(a) The permit officer is authorized to enforce this ordinance.

(b) The permit officer is authorized to investigate EMT misconduct and violations of the Act.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

During an investigation, the permit officer may accept a written statement by a county officer or employee, an officer or employee of the state, or an officer or employee of any law enforcement or fire protection agency acting within the course and scope of their official duties or employment as evidence that fact(s) or condition(s) do or do not exist.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

No person shall do anything forbidden by or contrary to this division or regulations issued under the division.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

Remedies under this division are in addition to any other remedy allowed by this code or applicable law.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

Article 48-16.4 Inspections and Records

(a) In addition to intermittent inspections of ambulances and privately owned emergency response vehicles described in Section 48-10.010, the permit officer may inspect the records, equipment, supplies and personnel of an ambulance service provider at any time.

(b) A certificated ambulance service provider and its employees shall make all records available to the permit officer, including, but not limited to, dispatch records, dispatch recordings, dispatch logs, patient care reports, electronic health records, personnel records and personnel training records.

(c) An ambulance service provider shall make its records available for inspection and copying at the ambulance service provider's regular place of business. All dispatch recordings shall remain available to the permit officer for at least ninety days after the date the recording was made.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

Article 48-16.6 Suspension and Revocation

The permit officer may suspend or revoke a permit or certificate of operation for: any violation of this division; any other applicable law, regulation, or LEMSA policy; or any act related to the provision of ambulance services that jeopardizes the public's health and safety. Suspension is not a condition precedent to revocation.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

Except in the case of an emergency action described in Section 48-16.610, before a permit is suspended or revoked, the permit officer shall give written notice to the ambulance service provider specifying the grounds for the suspension or revocation. The notice will give the ambulance service provider at least five but no more than fifteen days to correct the violation or appeal the suspension or revocation by requesting a hearing before the LEMSA director. If within fifteen days the violation is not corrected or no request for an appeal is made, the decision of the permit officer to suspend or revoke is final.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

Before a suspended certificate of operation or ambulance permit is reinstated, the ambulance service provider shall do all the following:

(a) Demonstrate that the cause for the suspension has been remediated and reinstatement is appropriate.

(b) Provide a plan that ensures for continued compliance.

(c) Cooperate with the permit officer by making each ambulance available for re-inspection to ensure compliance with this ordinance and LEMSA policy, including, but not limited to, compliance with minimum personnel requirements and training standards, minimum equipment requirements, vehicle cleanliness, and vehicle safety. The vehicle re-inspection fee described in Section 48-8.036 shall apply.

(d) Pay the reinstatement fee pursuant to Section 48-8.038.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

If the permit officer makes a written finding that there is a significant and immediate risk of harm to the public health, safety or welfare if an ambulance service provider continues to operate, the permit officer may immediately suspend the certificate of operation or ambulance permit without first holding a hearing and order the ambulance service provider to cease operations immediately. If a certificate of operation is suspended under this section, the ambulance service provider may make a written request for a hearing. The hearing will take place within five business days after the hearing request, unless the parties agree to an extension. Hearings will be conducted pursuant to Section 48-16.10, except that the ambulance service provider must demonstrate that the cause for the emergency suspension has been remediated and reinstatement is appropriate. The request for hearing shall not stay the suspension.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

An ambulance service provider that has had its certificate of operation revoked will not be eligible to reapply for a period of one year after the date the revocation order became final.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

Article 48-16.8 Administrative Fines

(a) This article provides for administrative fines that the permit officer may impose, enforce, and collect to address any violation of this division. This chapter is authorized by Government Code Section 53069.4.

(b) The amount of a fine is one hundred dollars for a first violation, two hundred dollars for a second violation of the same ordinance within one year, and five hundred dollars for each additional violation of the same ordinance within one year.

(c) Acts, omissions, or conditions in violation of this division that continue, exist, or occur on more than one day constitute separate violations and offenses on each day. Violations continuing, existing, or occurring on the service date, the effective date, and each day between the service date and the effective date are separate violations.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

(a) If this division is violated, the permit officer may serve a notice of violation on the person in violation. The notice will include all of the following information:

(1) The date of the violation.

(2) The code section(s) violated and a description of the violation.

(3) A description of how the violation can be corrected.

(4) The effective date, which is the specified time period of at least ten calendar days, beginning on the service date, within which the violation must be corrected.

(5) An advisement that the person may be subject to an administrative fine under this chapter if the violation is not corrected by the date required pursuant to subsection (4) of this section, and the amount of that fine.

(b) The permit officer may impose an administrative fine if the violation has not been corrected by the effective date specified in the notice of violation.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

(a) An administrative fine will be assessed by means of a notice of fine.

(b) The person in violation of this division will be served with the notice of fine, which will include all of the following information:

(1) The date of the violation.

(2) The code section(s) violated and a description of the violation.

(3) The amount of the fine.

(4) An advisement of the right to appeal the imposition of the fine in a hearing before the LEMSA director.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

The imposition of the administrative fine becomes a final administrative order at the earlier of the following dates:

(a) On the date the notice of fine is served, if the owner fails to file a written appeal to the department within the time specified.

(b) On the date the written decision by the LEMSA director is served, if the owner files a written appeal to the department within the time specified.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

The fine must be paid to the county within thirty days after the imposition of the administrative fine becomes a final administrative order. Payment of a fine under this chapter does not excuse or discharge any continuation or repeated occurrence of the violation that is the subject of the notice of fine. The payment of a fine does not bar the county from taking any other enforcement action regarding a violation that is not corrected.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

If the fine is not paid within thirty days after the imposition of the fine becomes a final administrative order, the county may collect the fine, the county's collection costs, and interest. An administrative fine accrues interest at the same annual rate as any civil judgment, beginning on the twentieth day after the fine becomes a final administrative order. The county may collect by using any available legal means, including, but not limited to, the following:

(a) The county may file a civil action. If a civil action is commenced, the county is entitled to recover all costs associated with the collection of the fine, including those costs set forth in Code of Civil Procedure Section 1033.5.

(b) The county may take such other actions as are allowed for enforcement of a civil judgment as provided for pursuant to the Enforcement of Judgments Law, California Code of Civil Procedure Section 680.010 et seq.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

Article 48-16.10 Hearing Procedure

(a) The suspension or revocation of a certificate of operation, or the imposition of an administrative fine, may be appealed pursuant to the procedures set forth in this article.

(b) The appellant must pay an appeal fee in an amount established by the board of supervisors and submit a written appeal to the LEMSA within fifteen days after the notice was served. The written appeal must contain:

(1) A brief statement explaining who the appealing party is and what interest the appealing party has in challenging the imposition of the fine; and

(2) A brief statement of the material facts that the appellant claims support the appellant's contention that no administrative fine should be imposed or that an administrative fine of a lesser amount is warranted.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. No. 2022-21, §§ II, III, 6-21-22).

The LEMSA director or designee hears appeals of the permit officer's decision to suspend or revoke a certificate of operation or ambulance permit, to impose an administrative fine, or to deny an application for a special event medical standby services permit. At the LEMSA director's sole discretion, the LEMSA director may refer an appeal to the Office of Administrative Hearings.

(a) The LEMSA director or administrative law judge shall control the conduct of the hearing, including, but not limited to, making evidentiary determinations.

(b) The appellant will be given the opportunity to testify and present written or oral evidence. The permit officer may present evidence as to why the ambulance service provider's certificate of operation or ambulance permit should be suspended or revoked or why an administrative fine should be imposed, and to answer any evidence presented by the ambulance service provider.

(c) Hearings need not be conducted in accordance with the California Evidence Code. Evidence must be relevant, non-cumulative, and of such a nature as responsible persons are accustomed to rely on in the conduct of serious affairs.

(d) Hearings may be electronically recorded.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. No. 2022-21, §§ II, III, 6-21-22).

After considering the testimony and evidence submitted at a hearing, or after the appellant has failed to appear at a hearing, the LEMSA director will issue a written decision. The decision is final and not subject to appeal under Chapter 14-4 of this code.

(Ord. No. 2022-21, §§ II, III, 6-21-22).

Article 48-16.12 Service of Notice or Decision

All notices or decisions required to be served by this division will be served by either of the methods specified in subsections (a) and (b).

(a) By deposit in the United States mail in a sealed envelope, first class, postage prepaid, addressed to the person to be notified at the person's last known business or residence address appearing in the public records or in other records of the matter for which notice is given, and mailed notice shall be deemed served when duly mailed.

(b) Personal Service. Personal service is deemed complete on the date the notice or decision is personally served.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. No. 2022-21, §§ II, III, 6-21-22).

Article 48-16.14 Judicial Review

A final administrative order may be appealed to the superior court of the county in accordance with the applicable provisions of the California Government Code and California Code of Civil Procedure.

(Ord. No. 2022-21, §§ II, III, 6-21-22).