Hillsborough Municipal Code Ch. 8.10 Regulating the Use of Disposable Food Service Ware

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Editor's note— Ord. No. 773, § 2, adopted September 13, 2021, repealed Ch. 8.10, §§ 8.10.010—8.10.070, and enacted a new Ch. 8.10 as set out herein and later amended. Former Ch. 8.10 pertained to chlorofluorocarbon-processed food packaging and derived from Ord. 475, adopted 1990.

Chapter 4.107 of Title 4 of the San Mateo County Code of Ordinances, entitled "Regulating the Use of Disposable Food Service Ware," and any amendments thereto, are hereby adopted by this reference and made part of this Code and are, accordingly, made effective in this town. Certified copies of Chapter 4.107 of Title 4, as adopted hereby, and any subsequent amendments, shall be deposited with the city clerk, and shall be at all times maintained by the Clerk for use and examination by the public.

(Ord. No. 773, § 2, 9-13-2021; Ord. No. 784, § 1, 4-11-2022)

The County Manager of the County of San Mateo or their designee is hereby authorized to enforce, on behalf of the town, Chapter 4.107 "Regulating the Use of Disposable Food Service Ware" of Title 4 of the San Mateo County Code of Ordinances, and any amendments thereto, within the town's jurisdiction. Such enforcement authority includes, but is not limited to, the authority to hold hearings, issue citations, and assess administrative fines on behalf of the town as provided for in Chapter 4.107 of Title 4 of the San Mateo County Code of Ordinances and more particularly described in the following provisions in the County Code as follows:

4.107.080 Enforcement.

(a) The County Manager or designee may enforce this Chapter.

(b) A violation of this Chapter is an infraction and is also punishable by administrative fines as set forth in Chapter 1.40.

(c) Compliance plan.

1. If requested by the County Manager or designee, a Food Facility that is in violation of any of the provisions detailed in this Chapter shall create and submit to the County Manager or designee a compliance plan, which will include information on corrective action(s) that the Food Facility shall undertake to come into compliance. Other requested information may include, and are not limited to proposed timeline for corrective action(s), and identification of individuals responsible for ensuring compliance.

2. The Food Facility shall create and submit its completed compliance plan within fourteen calendar days from the time of request by the County Manager or designee.

(d) This Section shall not be interpreted to limit any otherwise available civil or administrative remedies under law.

4.107.090 Enforcement within Incorporated Areas of County of San Mateo.

(a) The County Manager or designee is hereby authorized to and may enforce Chapter 4.107 within an incorporated city within the County of San Mateo, if the governing body of that city does each of the following:

1. Adopts and makes part of its municipal code:

i. Chapter 4.107 in its entirety by reference; or

ii. An ordinance that contains each of the provisions of Chapter 4.107.

2. Authorizes, by ordinance, the County Manager or designee to enforce the municipal code adopted pursuant to Subsection (a)(l), such authorization to include, without limitation, the authority to hold hearings, issue citations, or assess administrative fines on behalf of the city.

3. Enters into a Memorandum of Understanding with the County for enforcement within the city.

(b) The County Manager or designee shall only provide enforcement within an incorporated city if it has determined that it has adequate resources to do so.

(Ord. No. 773, § 2, 9-13-2021; Ord. No. 784, § 1, 4-11-2022)