Del Mar Municipal Code Ch. 11.04 Health Regulated Activities

Any person who conducts a business or activity which is described in this Chapter shall first obtain a health permit, together with any other licenses, permits or approvals required by this Code.

(Ord. No. 354)

There is hereby adopted, by reference, by the City of Del Mar, for the purpose of prescribing rules and regulations for the protection of the public health and safety, the following portions of the San Diego County Code, together with such secondary references as are included in those portions, effective as of the date set forth in Section 23.12.030 below. The provisions thereof shall be controlling within the limits of the City of Del Mar to include without limitation, the fees, regulatory provisions, and definitions, but excluding the procedural provisions beyond those specified for processing applications, conducting investigations, issuing permits, and enforcing regulatory provisions:

A. Title 6, Division 1, Chapter 1, regulating the preparation and distribution of food.

B. Title 6, Division 1, Chapter 2, regulating food handlers.

C. Title 6, Division 1, Chapter 3, providing for the destruction of spoiled food.

D. Title 6, Division 6, Chapter 1, regarding applications, permits, and fees.

E. Title 6, Division 6, Chapter 2, regulating camps and picnic grounds.

F. Title 6, Division 6, Chapter 4, regulating refrigeration plants.

G. Title 6, Division 6, Chapter 8, regulating reduction plants.

H. Title 6, Division 6, Chapter 9, providing for the enforcement of the State Housing Law.

I. Title 6, Division 6, Chapter 10, regulating apartments and hotels.

J. Title 6, Division 7, Chapter 1, regulating waste of water.

K. Title 6, Division 7, Chapter 2, regarding the pollution of waters.

L. Title 6, Division 7, Chapter 3, regarding public swimming pools.

M. Title 6, Division 7, Chapter 4, regulating wells.

N. Title 6, Division 8, Chapter 3, regarding septic tanks and seepage pits.

O. Title 6, Division 8, Chapter 5, regarding the management of solid waste.

P. Title 6, Division 8, Chapter 6, regarding septic tank and cesspool cleaners.

Q. Title 6, Division 8, Chapter 1, regarding condemnation of buildings.

R. Title 6, Division 8, Chapter 8, regarding disclosure of hazardous materials.

S. Title 6, Division 8, Chapter 9, regarding hazardous waste establishments.

T. Title 6, Division 8, Chapter 12, regarding medical waste.

U. Title 6, Division 5, Chapter 1, regarding health and sanitation and land use fees.

The effective date of this Chapter is September 15, 1993.

(Ord. No. 632)

The San Diego County Health Officer, together with the Department of Health Services for the County of San Diego, is hereby designated as the Health Officer for the City of Del Mar with authority to enforce and observe within the City of Del Mar the following:

A. All orders, quarantine regulations, and rules and regulations issued by the State Department of Health Services under the provisions of the Health and Safety Code of the State of California.

B. All statutes of the State of California relating to public health.

C. Those portions of the San Diego County Code pertaining to public health and sanitation as are set forth in this Chapter.

A. Each applicant for a permit required by this Chapter shall apply to the Department of Health Services, County of San Diego.

B. The Department of Health Services of the County of San Diego shall collect and retain for the benefit of the County of San Diego the fees and delinquent payment penalties imposed by this Chapter.

A. In any case where the applicant has failed for a period of 30 days to file the application and obtain the required permit, there shall be added to and collected with the required fee a penalty equal to ten percent of the fee and for each additional month or fraction of a month after the expiration of said 30-day period that the applicant fails to file such application and obtain such permit, there shall be added to and collected with the fee an additional penalty equal to ten percent of the fee; provided, however, in no event shall the total penalty added to the fee pursuant to this Section be more than 60 percent of the fee. The imposition of or payment of the penalty imposed by this Section shall not prevent the imposition of any other penalty prescribed by this Code or prevent the prosecution for violation of this Code.

B. The annual fee for renewal, if unpaid, is delinquent on the first day of the second month after the month in which the permit expires, and thereafter a penalty equal to ten percent of the annual fee shall be added thereto and shall be collected at the time application for renewal is made.

C. If the annual fee for renewal and the penalty is not paid the first month after it is due, there shall be added to and collected with the annual fee, an additional penalty equal to ten percent of the annual fee for each month or fraction of a month during which the annual fee or any penalty continues to remain unpaid, provided, however, in no event shall the total penalty added to the annual fee pursuant to this Section be more than 60 percent of the annual fee. The imposition of or payment of the penalty imposed by this Section, shall not prevent the imposition of any other penalty prescribed by this Code or prevent the prosecution for violation of this Code. (Reference §§ 65.104 and 65.105 of the San Diego County Code).