Fresno County Municipal Code Ch. 8.50 Environmental Health Permits and Inspection Fees

Footnotes:

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Editor's note— Prior ordinance history—Ords. 610, 626, 0-81-022 and 87-007.

The board of supervisors of the county finds and declares as follows:

A. That certain state statutes, orders, quarantines, rules or regulations, and local ordinances relating to public health require that permits to operate be issued to certain businesses and activities;

B. That the county Department of Public Health enforces said statutes, orders, quarantines, rules, regulations and ordinances relating to public health, both within the unincorporated and incorporated areas of the county, to ensure that such businesses and activities comply;

C. That in order to enforce said statutes, orders, quarantines, rules relations and ordinances the county requires all businesses and activities which are subject to environmental health inspections and are specified in this chapter, to secure and maintain permits to operate from the county Department of Public Health. Such permits may revoked or withheld by the county Department of Public Health for cause;

D. That the expenses incurred by the county Department of Public Health in the enforcement of statutes, orders, quarantines, rules and regulations prescribed by state officers or departments, are not met by any fees prescribed by the state;

E. That the expenses incurred by the county Department of Public Health in the enforcement of said statutes, orders, quarantines, rules, regulations and ordinances, and in providing other related services, are reasonable and necessary therefor.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 88-020, § 4)

The purpose of this chapter is to establish a permit and inspection fee system for certain businesses and activities specified herein which are subject to state statutes, orders, quarantines, rules or regulations and local ordinances relating to public health, in order to reimburse the county for the expense of enforcing said statutes, orders, quarantines, rules, regulations and ordinances.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 88-020, § 4)

The Environmental Health permit and inspection fees described in this chapter shall be required for any business or activity listed in Sections 8.50.050 and 8.50.055 of this chapter and located or operating within the geographic area in which the Department of Public Health enforces state and local statutes orders, quarantines, rules, regulations and ordinances relating to public health in the unincorporated area of Fresno County or within the incorporated area of any city within the county.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 93-007, § 1; Ord. 88-020, § 4)

As used in this chapter:

A. "Auditor-controller" means the County Auditor-Controller/Treasurer-Tax Collector or a duly authorized representative.

B. "Enforcement officer" means a person employed and authorized by the Department of Public Health to conduct environmental health inspections.

C. "Environmental Health Division Manager" means the Division Manager who provides oversight of the Environmental Health Division, or a duly authorized representative.

D. "Department of Public Health" means the County Director of the Department of Public Health, health officer, or their duly authorized representatives.

E. "Hearing Officer" means the County Director of the Department of Public Health or their duly authorized representative.

F. "Permit" means a written authorization to operate a specific business and activity at a specific location or for a specific vehicle, issued to a person by the Department of Public Health in accordance with this chapter.

G. "Permit fee" or "inspection fee" means any payment of money for expenses incurred by the Department of Public Health in the regulation of operating permits and enforcement of state and local statutes, orders, quarantines, rules, regulations and ordinances relating to public health and not met by fees otherwise prescribed by said statutes or ordinances.

H. "Person" means any individual, association, partnership, firm or corporation.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 88-020, § 4)

A. It is unlawful for any person, without first having obtained a written permit from the Department of Public Health, to engage in the businesses and activities set forth under Section 8.50.050.

B. All permits issued to a person to engage in a business and activity at a specific location or for a specific vehicle as required herein, shall remain in effect for a period of one year unless otherwise specified by the Department of Public Health or provided in this chapter or unless revoked pursuant to Section 8.50.155. Thereafter it is unlawful for a person to continue to engage in such businesses and activities unless a new permit is issued by the Department of Public Health as provided herein.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 90-008, 1; Ord. 88-020, § 4)

A. Body Art. The terms "body art," "body art facility," and "practitioner" shall have the same meanings as set forth in the California Health and Safety Code, Division 104, Part 15, Chapter 7, Section 119301 Safe Body Art Act - Definitions.

B. Community Event. The term "community event" shall have the same meaning as set forth in the California Health and Safety Code, Division 104, Part 7, California Retail Food Code, Section 113775 Community Event.

C. Cottage Food. The term "cottage food operation" shall have the same meaning as set forth in the California Health and Safety Code, Division 104, Part 7, California Retail Food Code, Section 113758 Cottage Food Operation.

D. Food Facility. The term "food facility" shall have the same meaning as set forth in the California Health and Safety Code, Division 104, Part 7, California Retail Food Code, Section 113789 Food Facility.

E. Hazardous Materials Compliance. The term "hazardous materials compliance" means the generation, production, storage, treatment or other handling of hazardous materials and/or hazardous waste.

1. Aboveground Petroleum Storage Act (APSA) as required by HSC, Division 20, Chapter 6.67 and 40 CFR Part 112.

2. California Accidental Release Prevention (CalARP) Program as required by HSC, Division 20, Chapter 6.95, Article 2 and CCR, Title 19, Division 2, Chapter 4.5.

3. Hazardous Material Release Response Plans and Inventories as required by HSC, Division 20, Chapter 6.95 and CCR, Title 19.

4. Hazardous Waste Generators as required by HSC, Division 20, Chapter 6.5 and California Code of Regulations (CCR), Title 22, Division 4.5, Chapters 10-45.

5. Hazardous Waste On-Site Treatment as required by HSC, Division 20, Chapter 6.5 and CCR, Title 22, Division 4.5, Chapters 10-45.

6. Underground Storage Tanks as required by HSC, Division 20, Chapter 6.7, Sections 25280-25296; and 25298-25299.6 and CCR, Title 23, Division 3, Chapter 16, Sections 2610-2717.7.

F. Organized Camp. The term "organized camp" shall have the same meaning as set forth in the California Health and Safety Code, Division 13, Housing, Part 2.4 Camps, Section 18897 Organized Camp.

G. Public Swimming Pool. The term "public swimming pool" means any public swimming pool, spa and wading pool or other artificial basin used for recreative bathing wherein water remains in the facility from user to user, and all related appurtenances.

H. Septic Cleaning and Pumping. The term "septic cleaning and pumping" means any person or firm engaged in the business of cleaning septic tanks, chemical toilets, cesspools or sewage seepage pits or the disposal of the cleanings therefrom.

I. Solid Waste Collection Vehicle/Bin Hauling Company. The term "solid waste collection vehicle/bin hauling" means the removal of solid waste and placement in a collection vehicle or bin for transport, storage, or processing of municipal solid waste, general refuse, food/food waste, single-stream recyclables, construction/demolition debris and green waste. This residential and/or commercial service includes SB 1383 haulers, Non-Exclusive Waste Haulers Agreement (NEWHA) haulers, Exclusive Service Area Program (ESAP) haulers, and other collection services.

J. State Small Water System. The term "state small water system" means a system for the provision of piped water to the public for human consumption that serves at least five, but not more than fourteen, service connections and does not regularly serve more than an average of twenty-five individuals daily for more than sixty days out of the year.

K. Temporary Food Facility. The term "temporary food facility" shall have the same meaning as set forth in the California Health and Safety Code, Division 104, Part 7, California Retail Food Code, Section 113930 Temporary Food Facility.

L. Well, Water Well, Cathodic Protection Well and Monitoring Well. The terms "well," "water well," "cathodic protection well" and "monitoring well" shall have the same meaning as defined in Section 13710-13713 of the California Water Code.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 93-007, § 2; Ord. 91-007, § 1; Ord. 90-008, § 1; Ord. 88-020, § 4)

Temporary Food Facility operating at Community Events. The term "Temporary Food Facility operating at Community Events " means a temporary food facility operating at a fixed location in conjunction with a single community event with the approval of the community event organizer. Inspection fees for such facility shall be due and payable for each event.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 93-001, § 6; Ord. 88-020, § 4)

Any person who conducts or engages in any of the business or activities as defined in Sections 8.50.050 and 8.50.055 within the geographic area under the jurisdiction of the Department of Public Health shall be liable to pay a fee as established by Section 8.50.080 for that business or activity. Said fee shall be payable annually and shall cover a period of one year from the date payment is due unless otherwise specified by the Department of Public Health consultation, inspection or approval of projects and plans are required by state and local statutes, orders, quarantines, rules, regulations and ordinances shall be liable to pay a fee as established by Section 8.50.080.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 90-008, § 3; Ord. 88-020, § 4)

A copy of the fees charged and a written administrative policy defining the application of the fees shall be available at the Department of Public Health billing and collection office and the Environmental Health office. The amount of such fees shall be updated at least annually and be as set forth in the master schedule of fees, charges, and costs recovery.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 88-020, § 4)

No person required by this chapter to pay a fee is entitled to a refund or proration of the fee unless specifically authorized by the Department of Public Health.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 88-020, § 4)

A. Every person required to comply with the provisions of Section 8.50.045 shall file an application for a permit to operate provided by the Department of Public Health. A permit shall be issued by the Department of Public Health when investigation has determined that the proposed business or activity and its method of operation will conform to state and local standards and the applicant has paid to the Department of Public Health the prescribed permit fee and penalty, if any, prior to the commencement of such business or activity. If upon investigation the enforcement officer finds the proposed business or activity and its method of operation in conformance, an interim permit may be issued. Such interim permit shall be valid for ninety days or until the applicant receives the permit to operate. If the permit is denied, the applicant is entitled to hearing and appeal procedures as described in Section 8.50.155(B), (C) and (G).

B. Every person who conducts or engages in any of the businesses or activities as defined in Section 8.50.055 shall file an application provided by the Department of Public Health and pay the prescribed fee and penalty, if any, prior to the commencement of such business or activity.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 93-007, § 3; Ord. 88-020, § 4)

Upon approval of a permit to operate from the Department of Public Health, if required by Section 8.50.045, and receipt of the completed application and fee, the Department of Public Health shall issue a permit and shall give the original permit and fee receipt to the applicant. The Department of Public Health shall retain all other copies for the public record. In the event an applicant requests a copy of a permit or fee receipt because of loss of the original permit or receipt or for other reasons, the Department of Public Health shall charge a transaction fee established by the Board of Supervisors for each additional copy furnished.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 90-008, § 4; Ord. 88-020, § 4)

Every person issued an interim permit, permit, or fee receipt under the provisions of this chapter and having a fixed place of business shall keep such interim permit, permit, or receipt posted and exhibited in a conspicuous place at said business. Every person issued such interim permit, permit, or receipt and not having a fixed place of business, shall personally maintain proof of such interim permit, permit, or receipt at all times while conducting the regulated business or activity.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 88-020, § 4)

If any fees required to be paid by this chapter have not been paid when due, there shall be imposed, in addition to all fees due and owing, a penalty equal to ten percent of said fees for each month or fraction thereof during which said fees are delinquent and unpaid.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 88-020, § 4)

Permits to operate, interim permits, and fee receipts required by this chapter shall not be transferred from one person to another, from one site of operation to another, nor from one vehicle to another, except when specifically authorized by the Department of Public Health.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 88-020, § 4)

Any person who fails to pay the applicable fee and maintain a current permit, as provided by this chapter, shall be guilty of a misdemeanor and may result in facility closure.

However, timely payment of applicable fees does not exempt any person from any action initiated by the Department of Public Health as may be required in the enforcement of state statutes, orders, quarantines, rules, and regulations, or local ordinances.

Pursuant to California Government Code Section 25132, any person who willfully violates any provision of this chapter or any other rules or regulations adopted by the Environmental Health Division pursuant to this chapter, in addition to any criminal penalties, shall be liable for a civil penalty of between one hundred dollars ($100.00) and five hundred dollars ($500.00) for each day of violation. The enforcement agency shall be authorized to file and maintain an action in a court of appropriate jurisdiction to collect any such civil penalty arising under this section.

In addition, any violation of this chapter is deemed to be a public health nuisance and may be abated by the enforcement officer, irrespective of any other remedy provided in this chapter.

A. If the operation is permittable, persons will be required to: (1) complete an application with Environmental Health; (2) undergo the plan check process, as applicable; and (3) pay twice the amount of permit fees.

B. The County shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by a responsible party that the responsible party has made a bona fide effort to comply after the first violation, and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

This section does not limit the amount of administrative fine or civil penalty that may be imposed for violations of this Ordinance Code which are designated as misdemeanors or for which different fine amounts are set or allowed by State law.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 88-020, § 4)

A. A permit or interim permit may be suspended or revoked for a violation of the Fresno County Ordinance Code or state statutes, orders, quarantines, rules, and regulations. Any business or activity for which a permit has been suspended shall cease operation and remain out of operation until the permit has been reinstated. Any business or activity for which a permit has been revoked shall cease operation and remain out of operation until a new permit has been issued.

B. Whenever an enforcement officer finds that an applicant or a permitted business or activity is not in compliance, a written notice to comply shall be issued to the permittee or applicant.

1. If the permittee or applicant fails to comply, the enforcement officer shall issue to the permittee or applicant a notice setting forth the acts or omissions with which the permittee or applicant is charged, and informing him or her of a right to a hearing, if requested, to show cause why the permit should not be denied, suspended, or revoked. A written request for a hearing shall be made by the permittee or applicant within fifteen calendar days after receipt of the notice. Failure to request a hearing within fifteen calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the Environmental Health Division Manager may order a hearing at any reasonable time within this fifteen-day period to expedite the permit denial, suspension or revocation process.

2. The hearing shall be held before the Environmental Health Division Manager within fifteen calendar days of the receipt of a request for a hearing. Upon written request of the permittee or applicant, the Environmental Health Division Manager may postpone any hearing date, if warranted.

C. The Environmental Health Division Manager shall issue a written notice of decision to the permittee or applicant within five working days following the hearing. In the event of a denial, suspension or revocation, the notice shall specify the acts or omissions with which the permittee or applicant is charged, and shall state the terms of the denial or suspension or that the permit has been revoked.

D. If any immediate danger to the public health or safety is found, unless the danger is immediately corrected, the Environmental Health Division Manager may temporarily suspend the permit and order the business closed or activity to cease. Immediate danger to the public health and safety means any condition, based upon inspection findings or other evidence, that can cause infection, poisoning, disease transmission, or hazardous condition.

1. Whenever a permit is suspended as the result of an immediate danger to the public health or safety, the Environmental Health Division Manager shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged, specifying the pertinent code section, and informing the permittee of the right to a hearing.

2. At any time within fifteen calendar days after service of a notice pursuant to subdivision (2) of this subsection, the permittee may request in writing a hearing before the Environmental Health Division Manager to show cause why the permit suspension is not warranted. The hearing shall be held within fifteen calendar days of the receipt of a request for a hearing. A failure to request a hearing within fifteen calendar days shall be deemed a waiver of the right to such hearing.

E. The Environmental Health Division Manager may, after providing opportunity for a hearing, modify, suspend or revoke a permit for serious or repeated violations of any state and local requirements or for interference in the performance of the duty of the enforcement officer.

F. A permit may be reinstated or a new permit issued if the Environmental Health Division Manager determines that conditions which prompted the suspension or revocation no longer exist. Applicable fees must be paid upon issuance of a new permit.

G. Permit modification, denial, suspension, or revocation may be appealed to the hearing officer. A written request for an appeal hearing shall be made by the permittee or applicant within fifteen days of receipt of the notice of decision from the Environmental Health Division Manager.

H. Failure to request a hearing before the hearing officer pursuant to subsection G of this section shall be deemed a waiver of the right to such hearing. If a hearing is timely requested, the hearing officer may sustain, modify or reverse the decision of the Environmental Health Division Manager.

I. Any interested party, including the health officer, may appeal the decision of the hearing officer to the board of supervisors by filing an appeal in writing with the Clerk of the Board of Supervisors within fifteen days of the decision. Failure to request a hearing within fifteen calendar days shall be deemed a waiver of the right to such hearing. The board of supervisors may sustain, modify or reverse the decision of the hearing officer. The board of supervisors' decision shall be final.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 90-008, § 5; Ord. 88-020, § 4)

Any person authorized by the Department of Public Health to conduct inspections or to collect fees for any business or activity subject to this chapter shall have the authority and immunities of a public officer and employee as provided in Section 836.5 of the California Penal Code, to make arrests without a warrant whenever the officer or employee has reasonable cause to believe that the person to be arrested has committed an infraction in the officer's or employee's presence which is a violation of this chapter.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 88-020, § 4)