Fontana Municipal Code Art. II Environmental Health Code

The provisions of this chapter pertaining to health and sanitation and environmental health, in addition to the provisions of division 3, title III of the county code, known as the Uniform Environmental Health Code, which are hereby adopted by reference by the city, constitute the city environmental health code.

(Code 1968, § 12-1)

Pursuant to Health and Safety Code §§ 480 et seq., 500 et seq., and 1155.5, title 17 of the state 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 that certain code known as the Uniform Environmental Health Code, except as provided in section 13-28. The city designates both the City of Fontana, and any employee thereof, and the county department of environmental health services as the enforcement agencies 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 such code is on file in the office of the city clerk, and such code is hereby adopted and incorporated as if set out at length in this section.

(Code 1968, § 12-2; Ord. No. 1882, § 2, 1-25-22; Ord. No. 1883, § 2, 2-8-22)

State Law reference— Adoption by reference, Government Code § 50022.1 et seq.

The environmental health code adopted by this article is amended 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.

(4) Chapter 10, Housing, is deleted.

(5) Chapter 12, Noise, is deleted.

(Code 1968, § 12-3)

Whenever the term "county" or "County of San Bernardino" is used in the code adopted in this article, the term "city" or "City of Fontana" shall be substituted therefor, except that all permits shall be obtained from the county department of environmental health services and all fees and costs shall be paid to the county department of environmental health services.

(Code 1968, § 12-5)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a) It is unlawful for any person to deny access to, interfere with, prevent, restrict, obstruct or hinder the city or the department of environmental health services or their agents acting within the scope of their duty or agency. It shall be unlawful for any person to fail to identify oneself upon lawful request by either the city or the department of environmental health services employees or agents acting within the scope of their duty or agency. Offering physical resistance or bodily attack upon authorized representatives of the city or department of environmental health services 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 nuisances may be abated or enjoined in any action brought by either the city or department of environmental health services, or under circumstances immediately dangerous to public health or safety may be summarily abated by enforcement officers of either the city or department of environmental health services as provided in this article 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 under this article, any person who violates any provision of the environmental health code adopted by this article 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 of not less than $250.00 and not 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 may, in the discretion of the court, be adjudged, in addition to the penalties provided in this section, to be liable to the city and/or the department of environmental health services for all necessary costs incurred in investigation, discovery, analysis, inspection and cleanup and other actual costs incurred by the city and/or the department of environmental health services 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 the environmental health code adopted by this article shall be responsible for any violation by an employee of any of its provisions. Payment of any penalty or serving any term of imprisonment provided for in this section shall not relieve any person from the responsibility of correcting the condition constituting the violation.

(e) Unless otherwise stated in this chapter, any violation of this chapter may be prosecuted by the city attorney and be punishable as an infraction or a misdemeanor in accordance with section 1-7 of the Fontana Municipal Code.

(Code 1968, § 12-4; Ord. No. 1882, §§ 3, 4, 1-25-22; Ord. No. 1883, §§ 3, 4, 2-8-22)

(a) Scope. The provisions of this section for the inspection grading of food establishments shall apply at all times, or at those times herein specified, anywhere within the city that food and/or beverage products are sold or served.

(b) Adoption of San Bernardino County ordinance.

(1) The city adopts and makes a part of this section by reference, San Bernardino County Ordinance No. 3930 related to the inspection and grading of food establishments.

(2) The aforementioned sections of the San Bernardino County Code, adopted by San Bernardino County Ordinance No. 3930 are adopted as the inspection grading of food establishments program of the city.

(c) Enforcement agency designated. The County of San Bernardino, department of public health, division of environmental health services is designated as the enforcement agency for the city and is authorized to provide the qualified personnel necessary to enforce the provisions of this section.

(d) Schedule and collection of fees. The schedule of fees contained within San Bernardino County Ordinance No. 3930, adopted herein, is hereby adopted as the fees in effect in the city and shall be applicable within the city to provide for the costs of administration and enforcement of this section. The city council finds and determines that the fees adopted herein are reasonably related to the actual cost of administration and enforcement of the program. The San Bernardino County, division of environmental health services shall collect these fees for deposit with the county treasurer to offset the costs assumed by the county in administering and enforcing the program, for and within the city.

(e) Violations—Penalty.

(1) It shall be unlawful to operate a food establishment unless the letter grade card issued by the division of environmental health services is posted in a prominent place, easily viewed by the public.

(2) In accordance with Section 33.1406(c) of the San Bernardino County Code, adopted by reference herein and applicable to this section, the letter grade card posted in accordance with the program shall not be defaced, marred, camouflaged, hidden or removed.

(3) Removal of the letter grade card is a violation of this section 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 San Bernardino County Code, which is adopted herein and incorporated by reference.

(Ord. No. 1477, §§ 2, 3, 6-7-05)

Note— Section 3 of Ord. No. 1477 states the following: "San Bernardino County Code Availability. In accordance with Government Code Section 20022.6, at least one (1) copy of the San Bernardino County Code provisions adopted by this Ordinance shall be filed in the office of the City Clerk and it shall be kept therein for public inspection while the Ordinance is enforced."

Editor's note— The portions of the San Bernardino County Code that are adopted by reference in this Ordinance are on file with the city clerk.