Costa Mesa Municipal Code Ch. II Food and Food Handlers

The following words, terms, and phrases, when used in this chapter, shall have the meanings herein ascribed to them:

Health department or department

shall mean the Orange County Health Department which acts as the health department of the city pursuant to resolution by city council.

Health officer

shall mean the county health officer or his/her deputy or assistant duly authorized to act in his or her behalf in case of his or her absence or incapacity.

Inspector

shall mean a sanitarian as defined in Health and Safety Code employed by the health department or the health officer or any deputy health officer authorized to inspect food handling establishments or equipment for the enforcement of this chapter.

(Ord. No. 97-2, § 1, 2-18-97)

Prior to the construction, conversion, or alteration of any food facility or food processing establishment, or construction or purchase of a model of vehicle not previously under permit to any person in the city, plans and specifications therefor shall be submitted to the health department. The health officer or his/her authorized deputy may thereafter issue his or her certificate stating what modifications, if any, he or she deems required for compliance with applicable laws and regulations.

(Ord. No. 97-2, § 1, 2-18-97)

The department of development services of the City of Costa Mesa shall notify the health department when plans are received to build or remodel a food facility or food processing establishment.

(Ord. No. 97-2, § 1, 2-18-97)

(a) A food facility or food processing establishment for which permit is required by this chapter shall be constructed, equipped, operated, and maintained so as to comply with the pertinent sections of the California Health and Safety Code. In addition, at least a single compartment janitorial sink with hot and cold running water, or other approved facilities, shall be provided for general clean-up purposes.

(b) A hand lavatory shall be provided in each preparation and packaging area for employees. Exception: Where a janitorial sink is situated in a convenient location as approved by the health department and provided with proper maintenance, the hand lavatory may be omitted.

(Ord. No. 97-2, § 1, 2-18-97)

A permit issued under this chapter may be suspended for any of the following reasons:

(a) Violation of state law;

(b) Violation of this chapter; or

(c) Upon a recommendation for revocation of the permit, pending a hearing thereon.

(Ord. No. 97-2, § 1, 2-18-97)

When any provision of this chapter has been violated, an inspector may serve written notice thereof entitled "Notice of Violation" specifying:

(a) The acts and conditions constituting each violation;

(b) The provision or provisions violated thereby;

(c) The corrective steps required;

(d) The date by which all such corrections must be completed, allowing a reasonable period therefor;

(e) That the permittee has a right to a hearing upon request; and

(f) That if no hearing is requested, and if the health department does not receive notice that all such corrections have been made before 9:00 a.m. of the date named under subsection (d) above, or within 15 days after service of the written notice, whichever comes first, the permit will be suspended from that time until such violations are corrected.

(Ord. No. 97-2, § 1, 2-18-97)

(a) The permit holder shall have the right to a hearing on all violations listed in the notice. The permit shall, however, be suspended unless the department receives from the permit holder, before 9:00 a.m. of the date specified under section 8-19(d), a written or oral request for a hearing or a notice that all violations have been corrected as specified.

(b) The hearing shall be held by the health officer or his/her duly authorized representative who is a qualified sanitarian but shall not be the inspector who reported the violations or who inspected any corrective measures taken.

(c) The person conducting the hearing shall make a written order as to each alleged violation listed on the notice and shall deliver a signed copy thereof to the permittee. As to each violation, the order shall either:

(1) Suspend the permit until it is corrected; or

(2) Extend the time or modify the measures to be taken for correction before suspension; or

(3) Declare that the violation has been corrected so as to comply with the applicable law; or

(4) Declare that there was no violation.

(Ord. No. 97-2, § 1, 2-18-97)

It shall be a violation of this chapter for any person to deny or hinder entry by any inspector for the purpose of inspecting any of the food facility or food processing establishment or any portion thereof, and in such event the inspector may forthwith suspend the permit issued for the facility or establishment.

(Ord. No. 97-2, § 1, 2-18-97)

Whenever an inspector finds unsanitary or other conditions in the operation of any food facility or food processing establishment which, in his judgment, constitute an immediate and substantial hazard to the public health, he shall issue a written notice to the permit holder or person in charge of the establishment stating that the permit is immediately suspended and shall set forth the substance of the suspension as provided in section 8-19. Any person to whom such an order is issued shall immediately comply therewith, but, upon request made to the inspector who orders the suspension, or the health officer or his/her authorized representative, either personally or by telephone, or in writing, he or she shall be afforded a hearing as soon as possible, and notice of its setting may be given in the same manner as the request.

(Ord. No. 97-2, § 1, 2-18-97)

When any permit is first suspended hereunder, or when any food facility or food processing establishment governed hereby shall have been closed for business and left in an unsanitary condition, the health department shall have the power to enter to ensure that the food facility or food processing establishments are closed down in the manner which will not endanger the public health. If the permittee or his/her employee in charge cannot be found, or is unwilling or unable to remedy the condition the owner of the establishment shall be notified of the unsanitary conditions and shall be required to take such remedial action as may be necessary to obviate such condition.

(Ord. No. 97-2, § 1, 2-18-97)

If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, or portion of this chapter or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter or its application to other persons. The city council hereby declares that it would have adopted this chapter and each chapter, article, section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this chapter shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors.

(Ord. No. 97-2, § 1, 2-18-97)