Imperial Beach Municipal Code Ch. 8.20 Wholesale Food Warehouses

The City hereby adopts by reference and incorporates as part of this code, Title 6, Division 1, Chapter 2, Sections 61.211 through 61.256 of the San Diego County Code of Regulatory Ordinances (as amended by Ordinance No. 9525 effective 1/10/03) relating to wholesale food warehouses. Any exceptions, additions, or amendments to Title 6, Division 1, Chapter 2, Sections 61.211 through 61.256 of the San Diego County Code of Regulatory Ordinances shall be set forth in the following sections of this chapter. The City Clerk shall maintain a copy of the applicable County Regulatory Ordinances for public inspection.

(Ord. 2003-1008 § 2)

If any section, subsection, clause or phrase of the ordinance codified in this chapter or of Title 6, Division 1, Chapter 2, Sections 61.211 through 61.256 of the San Diego County Code of Regulatory Ordinances is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter or Title 6, Division 1, Chapter 2, Sections 61.211 through 61.256 of the San Diego County Code of Regulatory Ordinances and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

(Ord. 2003-1008 § 2)

Any violation of this chapter shall constitute a misdemeanor; except that notwithstanding any other provisions of this code, any such violation constituting a misdemeanor may, in the discretion of the attorney having prosecutorial functions, be charged and prosecuted as an infraction. Each offense shall be punished by a fine of not less than $25.00 or more than $1,000.00, or by imprisonment in the County Jail for a term not exceeding six months, or by both such fine and imprisonment. Each day a violation of this chapter shall continue to exist, shall constitute a separate and distinct offense. A violation can be enforced by either the County or the City.

(Ord. 2003-1008 § 2)

Every wholesale food warehouse kept, maintained or operated in violation of this chapter, and all food produced, prepared, manufactured, packed, stored, kept, sold, distributed or transported in violation of this chapter is declared a public nuisance. The Director of the County Department of Environmental Health is authorized and empowered to take such action as is necessary to abate the nuisance. In the event that immediate action is necessary to preserve or protect the public health or safety, the Director is authorized and empowered to summarily abate such nuisance by any reasonable means; otherwise, the Director shall inaugurate proceedings in accordance with Section 11.116, the Uniform Public Nuisance Procedure contained in Chapter 2, Division 6, Title 1 (commencing with Section 16.201) of the County Code of Regulatory Ordinances, or shall seek a court order abating the nuisance. Nothing contained in the County Code shall be deemed to limit the right and duty of the Director to take immediate action in the interests of the public health, safety and welfare. The remedies authorized by this section are not exclusive, but are cumulative to other remedies provided by law. The City can also abate any nuisances as a result of this chapter pursuant to Chapter 1.16 of the Imperial Beach Municipal Code.

(Ord. 2003-1008 § 2)