Kern County Municipal Code Ch. 8.04 Environmental Health Permits and Service Fees

The definitions contained in this section apply to this chapter.

1. "Annual inspection" means an inspection of a facility which occurs once a year.

2. "Application" means an administrative form that records owner, operator and facility information prior to registration or approval and issuance of a permit.

3. "Application for waiver" means the application for waiver required by the Land Division Ordinance, Division II of Title 18 of this code.

4. "Biennial inspection" means an inspection of a facility which occurs once every two (2) years.

5. "Body art" as defined by Section 119301 of the California Health and Safety Code means body piercing, tattooing, branding, or application of permanent cosmetics.

6. "Body art facility" as defined by Section 119301 of the California Health and Safety Code means the specified building, section of building, or vehicle in which a practitioner performs, or demonstrates for the purpose of instruction, body art, including reception areas, the procedure area, and the decontamination and sterilization area.

7. "Body art practitioner" as defined by Section 119301 of the California Health and Safety Code means a person who performs body art on a client.

8. "Body art temporary event demonstration booth" is a demonstration booth that meets all the requirements defined by Section 119317 of the California Health and Safety Code and is no more than ten (10) feet by ten (10) feet (10×10) in size.

9. "Body art temporary event sponsor fee" means the fee to organize, plan, and permit a temporary body art event.

10. "Business plan program" means the hazardous materials business plans provided by businesses necessary to prevent or mitigate the damage to the health and safety of persons and the environment from the release or threatened release of hazardous materials into the workplace and environment. The business plan includes the inventory of information required by Section 25507 of California Health and Safety Code 6.95, and emergency response plans and procedures that would be implemented in the event of a reportable release or threatened release of a hazardous material.

a. "Risk" means the hazard posed by the storage at a facility of chemicals listed in Table 1, 2 or 3 of California Code of Regulations, Title 19, Section 2770.5 or of explosives.

i. "High risk" facilities are facilities that store one (1) or more chemicals listed in Table 1 or 3.

ii. "Moderate risk" facilities are facilities that store one (1) or more chemicals listed in Table 2 or explosives. Propane (LPG) storage of less than fifty thousand (50,000) pounds or acetylene storage of less than five thousand (5,000) cubic feet is exempt from the "moderate risk" classification.

iii. "Low risk" facilities are facilities that do not store any chemicals listed in Table 1, 2 or 3 or explosives.

b. "Storage unit" means the different locations within each facility where inventoried materials are stored.

c. "Volume" means the total quantity of inventoried materials normalized to consistent measures. One (1) gallon of liquid is equal to one (1) unit, one (1) pound of a solid is equal to 0.11 units, and one (1) cubic foot of gas is equal to 0.275 units.

i. "Large volume" means greater than fifty-five thousand (55,000) units.

ii. "Medium volume" means between five thousand five hundred (5,500) and fifty-five thousand (55,000) units, inclusive.

iii. "Small volume" means less than five thousand five hundred (5,500) units.

11. "California accidental release prevention program (CalARP)" means the program that requires facilities with regulated substance(s) to file spill response plans and outline proposed implementation measures in the case of an accidental release or spill of a hazardous material.

a. "Complex process" means a facility using one (1) or more chemicals in a process that involves any of the following: multiple valves and piping, process reaction vessels, or processes that are temperature and or pressure dependent.

b. "High risk" facility means the same as a Program 3 facility as defined in Part 68 (commencing with Section 68.1(d)) of Subchapter C of Chapter 1 of Title 40 of the Code of Federal Regulations.

c. "Low risk" facility means the same as a Program 1 facility as defined in Part 68 (commencing with Section 68.1(b)) of Subchapter C of Chapter 1 of Title 40 of the Code of Federal Regulations.

d. "Moderate risk" facility means the same as a Program 2 facility as defined in Part 68 (commencing with Section 68.1(c)) of Subchapter C of Chapter 1 of Title 40 of the Code of Federal Regulations.

e. "Process" means any activity involving a regulated substance including any use, storage, manufacturing, handling, or on-site movement of such substance, or combination of these activities. For the purposes of this definition, any group of vessels that are interconnected, or separate vessels that are located such that a regulated substance could be involved in a potential release, shall be considered a single process.

f. "Refinery Program 4" means a petroleum refinery that is primarily engaged in petroleum refining as defined in NAICS code 32411 and used for the following:

i. Producing transportation fuels (such as gasoline, diesel fuels, and jet fuels), heating fuels (such as kerosene, fuel gas distillate, and fuel oils), or lubricants;

ii. Separating petroleum; or

iii. Separating, cracking, reacting, or reforming intermediate petroleum streams. Examples of such units include, but are not limited to, petroleum based solvent units, alkylation units, catalytic hydrotreating, catalytic hydrorefining, catalytic hydrocracking, catalytic reforming, catalytic cracking, crude distillations, lube oil processing, hydrogen production, isomerization, polymerization, thermal processes, and blending, sweetening, and treating processes. "Refinery Program 4" includes sulfur plants.

g. "Regulated substance" is any substance listed pursuant to section 112(r)(3) of the Clean Air Act (42 U.S.C.A. § 7412(r)(3)) in 40 C.F.R. 68.130.

h. "Special complex" shall mean a facility that manufactures a product or is determined to utilize multiple, complex processes.

12. "Certified unified program agency (CUPA)" means the department responsible for the permitting, inspection and enforcement of six (6) hazardous materials programs within one (1) point of contact and fee system.

13. "Community event" means an event conducted for not more than twenty-five (25) consecutive or nonconsecutive days in a ninety (90) day period, and that is of civic, political, public, or educational nature, including state and county fairs, city festivals, circuses, and other public gathering.

14. "Community multi-event" means an event that is of civic, political, public, or educational nature, including state and county fairs, city festivals, circuses, and other public gathering, occurring more than one (1) time annually.

15. "Complaint inspection" means the investigation by the health officer of an allegation that a violation of orders or ordinances of the board of supervisors, or of orders, quarantines or regulations of the California Department of Public Health Services or state statutes is occurring or has occurred within the jurisdiction of the health officer.

16. "Conditionally authorized tiered treatment" means a business that generates hazardous waste and is permitted to conditionally treat their hazardous waste, with limits to onsite treatment of less than five thousand (5,000) gallons or forty-five thousand (45,000) pounds per month of hazardous wastes with only one (1) characteristic or hazard.

17. "Conditionally exempt tiered treatment" means a business that generates hazardous waste and is permitted to conditionally treat their hazardous waste, with limits to onsite treatment to less than fifty-five (55) gallons per month of hazardous waste.

18. "Cottage food—Class A" means an enterprise where approved foods are prepared within a registered area of a private home. These operations may engage in only direct sales of food products from the cottage food operation, or from direct sales venues within Kern County.

19. "Cottage food—Class B" means an enterprise where approved foods are prepared within a permitted area of a private home. These operations may engage in direct sales and indirect sale of cottage food products from the cottage food operation, or from a third-party retail food facility.

20. "CURFFL water system" means water that complies with the standards for transient non-community water systems pursuant to the California Safe Drinking Water Act (Chapter 4 commencing with Section 116270 of Part 12), to the extent permitted by federal law.

21. "Director of public health services" means the chief administrator of the public health services department and associated divisions, or his/her designee. All provisions referring to "health officer" shall also be applicable to the director of public health services.

22. "Food facility" means any facility, as defined by California Health and Safety Code, California Retail Food Code, commencing with Section 113700.

23. "Food facility—Market high risk" means a permanent retail food facility, including, but not limited to, markets, bakeries, and food processors that sell and/or serve food and whose practices and procedures pose a high risk of food-borne illness or disease outbreak.

24. "Food facility—Market low risk" means a permanent retail food facility, including, but not limited to, markets, bakeries, and food processors that sell and/or serve food and whose practices and procedures pose a low risk of food-borne illness or disease outbreak.

25. "Food facility—Market moderate risk" means a permanent retail food facility, including, but not limited to, markets, bakeries, and food processors that sell and/or serve food and whose practices and procedures pose a moderate risk of food-borne illness or disease outbreak.

26. "Food facility high risk" means a food facility that sells and/or serves food and whose practices and procedures pose a high risk of food-borne illness or disease outbreak.

27. "Food facility low risk" means a food facility that sells and/or serves food and whose practices and procedures pose a low risk of food-borne illness or disease outbreak.

28. "Food facility moderate risk" means a food facility that sells and/or serves food and whose practices and procedures pose a moderate risk of food-borne illness or disease outbreak.

29. "Hazardous waste generator" means a business that generates hazardous waste.

30. "Health officer" means the health officer of the county of Kern or his/her duly authorized representative.

31. "Hotel/motel" means any structure or any portion of a structure that is occupied or intended/or designed for occupancy by transients or tenants for dwelling, lodging or sleeping purposes, including but not limited to any lodging house, rooming house, inn or hotel/motel containing six (6) or more guest rooms, whether or not the rent is paid in money, goods, labor or otherwise. "Hotel/motel" does not include any hospital, sanitarium, special-care home, asylum, orphanage, children's home, home for the aged, jail, detention home or any other building or structure in which human beings are housed and detained under legal restraint. For the purpose of this title, every one hundred (100) square feet of floor area in a dormitory shall be deemed to be a room.

32. "Hotel/motel high risk" means a hotel/motel whose practices and procedures pose a high risk to public health.

33. "Hotel/motel low risk" means a hotel/motel whose practices and procedures pose a low risk to public health.

34. "Hotel/motel moderate risk" means a hotel/motel whose practices and procedures pose a moderate risk to public health.

35. "Land application of biosolids" means the application of biosolids from publicly-owned treatment works (POTW) to land for agricultural or soil amendment purposes. Biosolids consist of solid, semi-solid and liquid residues which include scum and solids removed in primary, secondary and advanced treatment of wastewater.

36. "Land development" means the "Standards and Rules and Regulations for Land Developments" issued and amended from time to time.

37. "Limited prepackaged non-potentially hazardous food display areas" as defined in Section 114289(2) of the California Retail Food Code, means a permanent food facility with a food display area greater than twenty-five (25) square feet, but less than three hundred (300) square feet.

38. "Medical waste" as defined by California Health and Safety Code means biohazardous, pathology, pharmaceutical, or trace chemotherapy waste not regulated by the federal Resource Conservation and Recovery Act of 1976, as amended; sharps and trace chemotherapy wastes generated in a health care setting in the diagnosis, treatment, immunization, or care of humans or animals; waste generated in autopsy or necropsy; waste generated during preparation of a body for final disposition such as cremation or interment; waste generated in research pertaining to the production or testing of microbiologicals; waste generated in research using human or animal pathogens; sharps and laboratory waste that poses a potential risk of infection to humans generated in the inoculation of animals in commercial farming operations; waste generated from the consolidation of home-generated sharps; and waste generated in the cleanup of trauma scenes. Biohazardous, pathology, pharmaceutical, sharps, and trace chemotherapy wastes that meet the conditions of this section are not subject to any of the hazardous waste requirements found in Chapter 6.5 (commencing with Section 25100) of Division 20.

39. "Medical waste generator" means any person whose act or process produces medical waste and includes, but is not limited to, a provider of health care as defined in subdivision (d) of Section 56.05 of the Civil Code. All of the following are examples of businesses that generate medical waste:

a. Medical and dental offices, clinics, hospitals, surgery centers, laboratories, research laboratories, unlicensed health facilities, those facilities requires to be licensed pursuant to Division 2 (commencing with Section 1200), chronic dialysis clinics, as regulated pursuant to Division 2 (commencing with Section 1200), and education and research facilities.

b. Veterinary offices, veterinary clinics, and veterinary hospitals.

c. Pet shops.

d. Trauma scene waste management practitioners.

40. "Medical waste generator ambulance" means a company which utilizes vehicles specifically equipped to transport sick or injured persons.

41. "Medical waste generator common storage facility" means any designated accumulation area that is onsite and used by small quantity generators otherwise operate independently for the storage of medical waste for collection by a registered medical waste hauler.

42. "Medical waste generator fixed facility type I" means a facility which generates two hundred (200) or more pounds of medical waste in any month of a twelve-month period. These facilities also provide inpatient care at locations composed of more than one (1) floor and/or more than two (2) buildings, or provide outpatient care services at a facility composed of more than two (2) buildings.

43. "Medical waste generator fixed facility type II" means a facility which may provide inpatient care at locations composed of a single level and less than three (3) buildings, outpatient services at locations of less than three (3) buildings, and generates two hundred (200) pounds of medical waste per month in a twelve-month period. This may also be a facility that generates less than two hundred (200) pounds per month of medical waste but uses onsite treatment of the medical waste.

44. "Mobile food facility high risk" means a vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail and whose practices and procedures pose a high risk of food-borne illness or disease outbreak.

45. "Mobile food facility low risk" means a vehicle, including, but not limited to, produce vehicle, ice cream truck, mobile support unit and push cart that may be used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail and whose practices and procedures pose a low risk of food-borne illness or disease outbreak.

46. "Mobile food facility moderate risk" means a vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail and whose practices and procedures pose a moderate risk of food-borne illness or disease outbreak.

47. "Monthly inspection" means an inspection of a facility which occurs once a month.

48. "Non-dedicated commissary" means a food facility that services mobile food facilities, mobile support units, or vending machines in addition to an operation that provides food for human consumption at a retail level.

49. "Organized recreational camp" means a site with programs and facilities established for the primary purpose of providing an outdoor group living experience with social, spiritual, educational or recreational objectives for five (5) days or more during one (1) or more seasons of the year.

50. "Permit by rule (PBR) household hazardous waste tiered treatment" means a permanent collection facility that accepts, recycles, and properly disposes of household and small business' hazardous waste.

51. "Permit by rule (PBR) tiered treatment" means a business that generates hazardous waste and is permitted to conditionally treat their hazardous waste, limited to onsite treatment with no volume or number of hazards limits.

52. "Person" means any individual, firm, partnership, joint venture, association, corporation, estate, trust, receiver, syndicate, city, county or other political subdivision, or any other group or combination acting as a unit.

53. "Plan review" means the review of plans and specifications for "food facility" as defined above and which plan submission is required pursuant to California Health and Safety Code, California Retail Food Code, commencing with Section 113700 or review of plans for "body art facility" as defined above and which submission of plans is required pursuant to Section 119312 of California Health and Safety Code.

54. "Proposed subdivision (tentative map)" means a subdivision map required by the land division ordinance and the subdivision regulations of this code.

55. "Public swimming pool/spa pool" means an artificial basin, chamber or tank used or intended to be used for swimming, wading, diving, or other recreational purposes. Public swimming pool shall apply to and include all facilities described in Section 65503 of Title 22 of the California Code of Regulations, as amended from time to time. Public spa pool means a pool that contains water of elevated temperature and incorporates a water jet system, an aeration system or a combination of the two (2) systems.

56. "Public swimming pool/spa pool—closed" means a public swimming pool or public spa pool that has been drained and is inactive.

57. "Public swimming pool/spa pool plan review" means the review of plans and specifications for any public swimming pool/spa pool as defined above and which plan submission is required pursuant to California Health and Safety Code, commencing with Section 116038.

58. "Pumping vehicle" means any vehicle used in whole or in part in the pumping and transportation of sewage and related materials from septic tanks, seepage pits, cesspools, privies, portable toilets or grease traps or grease interceptor.

59. "Quarterly inspection" means an inspection of a facility which occurs every three (3) months.

60. "Resource Conservation and Recovery Act (RCRA) Large Quantity Generator" means a business that generates greater than one thousand (1,000) kg of RCRA regulated hazardous waste in any month.

61. "Solid waste facilities and operations" means facilities and operations that transfer, process, compost, transform and/or dispose of solid waste. They are permitted and regulated under the California Public Resource Code (PRC), and California Code of Regulations, Title 14 and 27.

62. "Sponsor of a community event" means a person or organization that is in control of any community event at which one (1) or more temporary food facilities operate.

63. "Temporary food facility" means a food facility approved by the director of public health services that may be readily disassembled for storage or for transporting, and readily assembled to its original integrity at a different location, is easily movable, and operates at a fixed location for the duration of an approved community event or at a swap meet.

64. "Temporary food facility—High risk" means a temporary food facility whose practices and procedures pose a high risk of food-borne illness or disease outbreak.

65. "Temporary food facility—Low risk" means a temporary food facility whose practices and procedures pose a low risk of food-borne illness or disease outbreak.

66. "Temporary food facility—Moderate risk" means a temporary food facility whose practices and procedures pose a moderate risk of food-borne illness or disease outbreak.

67. "Toilet rental agency" means a business that rents or leases any portable room or compartment constructed for use in the deposition of human feces and urine at a temporary location, including any vehicles utilized exclusively in the serving of such units.

68. "Underground storage tank facility" means any tank or combination of tanks, including the pipes connected thereto, which are used by a single business entity at a single location for the storage of hazardous substances and which are substantially or totally beneath the surface of the ground. Underground storage tank facilities are permitted and regulated under the California Health and Safety Code and California Code of Regulations.

69. "Unified program facility permit" means the permit issues by the CUPA for any of the six (6) regulatory programs under its jurisdiction with respect to hazardous waste generator, on-site hazardous waste treatment, hazardous materials business plan, accidental release prevention program, underground storage tank program, above ground petroleum storage program and Uniform Fire Code hazardous materials.

70. "Underground storage tank plan review and inspection for minor modification" means a plan review and inspection conducted on an underground storage tank for a minor repair, including spill bucket, under dispenser diverter pans, monitoring system replacements, and other similar related minor permitted repair approved by the CUPA.

71. "Vending machine" means any self-service device which upon insertion of money or tokens dispenses food without the necessity of replenishing the device between each vending operation. "Vending machine" does not include any device dispensing exclusively peanuts, nuts, popcorn, gum or hard candy, prepackaged candy, cookies, crackers, ice, or snacks and beverages which are not potentially hazardous.

72. "Waste facility exemption" means a solid waste facility which has been exempted by the local enforcement agency (LEA) from the requirement of a solid waste facility permit according to Title 14, California Code of Regulations.

73. "Water purveyor" means any person who, from any source, furnishes or supplies water to the public through a "state small water system" as defined in California Health and Safety Code, Section 116275(n), as amended from time to time. "Water purveyor" shall not include any water hauler.

74. "Water sample" means those samples required to be taken pursuant to Title 22, California Code of Regulations, Sections 64421 and 64431, as amended from time to time.

75. "Water system" means a transient non-community water system that supplies water to a permitted retail food establishment.

76. "Well" means any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the ground; or used for purposes of observation or monitoring of the groundwater basin or soils lithology; or for cathodic protection. "Well" does not include the following:

a. Oil and gas wells or geothermal wells constructed under the jurisdiction of the Department of Conservation of the State of California.

b. Wells used for the purpose of:

i. Dewatering excavations during construction; or

ii. Stabilizing hillsides on earth embankments;

c. Springs.

(Ord. G-7735 § 2 (part), 2008)

(Ord. No. G-7892, § 2, 6-23-09; Ord. No. G-8006, § 9, 1-26-10; Ord. No. G-8370, § 4, 12-18-12; Ord. No. G-8616, § 2, 1-12-16, eff. 2-12-16; Ord. No. G-8908, § 2, 2-25-20; Ord. No. G-9269, § 2, 4-23-24)

The environmental health permit fee prescribed by this chapter shall be required for any business or activity within the area in which the director of public health services enforces orders or ordinances of the board of supervisors, state statutes or orders, regulations or rules prescribed by the State Department of Public Health within or without an incorporated city.

(Ord. G-7735 § 2 (part), 2008)

(Ord. No. G-8908, § 3, 2-25-20)

A. Any person conducting any business, occupation or other activity listed in this chapter within the geographic area under the jurisdiction of the director of public health services shall apply for an environmental health permit or a unified program facility permit on the form provided, shall pay to the director of public health services the prescribed fee and penalty, if any, and shall at all times possess said permit. The permit is not transferable.

B. No person shall close, construct, test, or in some cases complete a modification of any tank, at a facility for the underground storage of hazardous substances within the geographic area under the jurisdiction of the director of public health services unless by authority of a valid, unexpired, unrevoked permit issued to the owner, and/or the operator and/or any personnel authorized by the owner/operator.

C. Unless authorized by the CUPA, permits issued for tank closure, modification, new construction, and tank testing are valid for a specified period of time indicated on the permit. If a permit is issued and the work is not initiated before the permit expiration date, a new application with appropriate permit fees is required for submittal. Unless specifically authorized by the director of public health services, permit fees are not refunded for applications submitted which are denied due to insufficient information.

(Ord. G-7735 § 2 (part), 2008)

(Ord. No. 7892, § 3, 6-23-09; Ord. No. G-8908, § 4, 2-25-20; Ord. No. G-9269, § 3, 4-23-24)

If a person engages in, conducts or carries on at the same time more than one (1) of the activities for which an environmental health permit is required by this chapter, he shall be deemed to be engaged in, conducting or carrying on each activity separately and apart from each other. A separate permit is required for each activity, whether located on the same premises or not. Those facilities regulated by the California Retail Food Code Law operated at the same location by the same permit holder shall be deemed one (1) activity. This section shall not apply to programs within the jurisdiction of the CUPA.

(Ord. G-7735 § 2 (part), 2008)

(Ord. No. 7892, § 3, 6-23-09; Ord. No. G-8908, § 5, 2-25-20)

When the director of public health services receives an application and permit fee, and when he is satisfied that the business, occupation or activity is in compliance with the applicable state statutes, orders, rules and regulations and county ordinances relating to public and environmental health, he shall issue or renew the permit.

(Ord. G-7735 § 2 (part), 2008)

(Ord. No. G-8370, § 5, 12-18-12)

Environmental health permits shall be valid from the date of issuance and remain in effect as long as the business, occupation or activity remains in compliance with state statutes, rules, regulations, orders and county ordinances relating to public and environmental health or as otherwise approved by the director of public health services except as described in subsection (C) of this section. Any person who becomes subject to the requirements of this chapter shall pay the applicable fee according to the following schedule:

A. July, August, September, October, November, December — the full fee.

B. January, February, March, April, May, June — one-half (½) the cost of the fee.

C. Permits for the following programs shall be issued as indicated:

a. Organized camp permits shall be issued each calendar year;

b. Pumping vehicles and toilet rental agency permits shall be issued each fiscal year;

c. Mobile food vehicles, community events and temporary food facility permits shall be issued each fiscal year;

d. Body art practitioner requirements shall be issued each fiscal year;

e. Underground storage tank facility permits shall be issued each fiscal year.

D. Notwithstanding the term of the permit, a yearly fee shall be due and payable on July 1 of each and every year.

E. The annual fee for underground storage tank permit to operate and the annual administrative fee for each business that must submit a business plan shall each be due and payable within thirty (30) days of invoicing.

F. New food facilities and change of ownership of food facilities shall pay the application fee and the permit fee in advance of the final inspection and prior to approval and issuance of the health permit.

(Ord. G-7735 § 2 (part), 2008)

(Ord. No. G-8370, § 6, 12-18-12; Ord. No. G-8908, § 6, 2-25-20)

Every person issued an environmental health permit under the provisions of this chapter and having a fixed place of business shall keep the permit posted and exhibited in public view in some conspicuous part of the place of business. Every person not having a fixed place of business shall have the permit with him while carrying on the business or activity for which the permit was issued.

(Ord. G-7735 § 2 (part), 2008)

The director of public health services shall issue a permit without requiring a fee to:

A. Any blind person who would otherwise be entitled to a permit if such a person files a certificate, issued by a licensed physician and surgeon or by the Department of Rehabilitation of the State of California, that he is a blind person. As used in this section, a blind person is a person having not more than a ten percent (10%) visual acuity in the better eye with correction;

B. Any person which conducts exclusively for charitable purposes an activity for which a permit is required under this chapter and which is exempt from payment of income taxes under Section 501(c)(3) of the United States Internal Revenue Code and Section 23701d of the California Revenue and Taxation Code. Proof of an entitlement to this exemption from the fee requirement shall be demonstrated by affidavit filed with the director of public health services;

C. Any person that is exempt from a permit fee under Section 6103 of the California Government Code as amended from time to time;

D. Any person that is exempt from a permit fee under Section 16102 of the Business and Professions Code as amended from time to time;

E. Any person at the discretion of the director of public health services.

(Ord. G-7735 § 2 (part), 2008)

(Ord. No. G-8370, § 7, 12-18-12; Ord. No. G-8908, § 7, 2-25-20)

The environmental health permit fee for each establishment, business or activity shall be established by uncodified ordinance.

(Ord. G-7735 § 2 (part), 2008)

A. The director of public health services may charge a fee for more than one (1) inspection if more than one (1) inspection is necessary to obtain or to determine compliance or to give consultation. A fee may be charged for a compliance hearing.

B. Fees are over and above the cost of the health permit. The bill is due and payable within thirty (30) days after mailing. The permit holder shall remit the fee(s) plus any penalty, if any, to the director of public health services by the due date.

C. Failure to pay the fee due within sixty (60) days of the billing is an infraction.

D. Fees for services performed by the Kern County Public Health Services Department for the environmental health division shall be established by uncodified ordinance.

(Ord. G-7735 § 2 (part), 2008)

(Ord. No. G-8370, § 8, 12-18-12; Ord. No. G-8616, §§ 3, 4, 1-12-16, eff. 2-12-16)

Editor's note— Ord. No. G-8616, § 5, adopted Jan. 12, 2016, repealed § 8.04.110, effective Feb. 12, 2016. Section 8.04.110 pertained to lost permits and derived from Ord. No. G-7735, § 2(part), 2008.

A. Environmental health fees are due and payable in full and shall be remitted to the director of public health services within thirty (30) days after mailing.

B. Failure to pay within sixty (60) days of the billing is an infraction.

C. The fee for an application or plan review must be submitted with the application or plan review and prior to any inspection being conducted. Failure to submit fee shall render the application or plan review void.

D. Fees for services performed by the Kern County Public Health Services Department for the environmental health division shall be established by uncodified ordinance.

(Ord. G-7735 § 2 (part), 2008)

(Ord. No. G-8006, § 11, 1-26-10; Ord. No. G-8370, § 9, 12-18-12; Ord. No. G-8616, § 6, 1-12-16, eff. 2-12-16)

A. The director of public health services may charge for the services rendered by the personnel of the environmental health division that are necessary to the performance of their duties as required by law.

B. Fees are over and above the cost of the health permit. The bill is due and payable within thirty (30) days after mailing.

C. Fees for services performed by the Kern County Public Health Services Department for the environmental health division shall be established by uncodified ordinance.

(Ord. G-7735 § 2 (part), 2008)

(Ord. No. G-8006, § 12, 1-26-10; Ord. No. G-8370, § 10, 12-18-12; Ord. No. G-8616, § 7, 1-12-16, eff. 2-12-16)

If any fee or penalty required by this chapter remains unpaid for ninety (90) days after the delinquency date, the director of public health services may authorize a direct assessment against the real property in cases where the real property is owned by the operator of a business or the permittee and the property is the subject of the enforcement, or a certificate of lien may be recorded, as authorized by Section 510-510.7 of the California Health and Safety Code.

(Ord. No. G-8006, § 13, 1-26-10; Ord. No. G-8370, § 11, 12-18-12)

Based upon inspection findings or other evidence, an authorized representative of Kern County Public Health may impound food, equipment, or utensils that are found to be, or suspected of being, unsanitary or in such disrepair that food, equipment, or utensils may become contaminated or adulterated, pursuant to California Health and Safety Code.

The department may dispose of seized perishable items immediately. Nonperishable items shall be held by the department pending a hearing before the director of public health services.

A. The operator shall be personally served with a receipt identifying the impounded items and a notice of hearing, which shall include the date, time, place of the hearing, and that the operator may, within fifteen (15) calendar days of the impoundment, submit to the department any written or documentary evidence to contest the initial determination of the violation. Said hearing will be held within thirty (30) calendar days of the impoundment. If the operator is unavailable, unknown, or unable to provide a valid identification, the receipt and notice of hearing will be posted at the Environmental Health Division located at 2700 M Street, in Bakersfield, California and at the location where the items were impounded.

B. At the hearing, the director of public health services shall determine, based on evidence presented, whether the impounded items were found to be, or suspected of being, unsanitary or in such disrepair that food, equipment, or utensils may become contaminated or adulterated, pursuant to the California Health and Safety Code. If the director of public health services determines this to be true, the operator may claim the impound items within the thirty (30) calendar days following the director of public health's decision, after the following conditions have been met:

1. Provide proof of ownership of the impounded items to the department;

2. Reimburse the county for all fees incurred for impoundment and storage of the impounded items; and

3. Submittal of an application and payment for a valid health permit to operate.

C. Impounded items not claimed within thirty (30) calendar days of the director of public health services decision will be considered forfeited to the county. Authorized representatives of the county may destroy or otherwise dispose of the impounded items no sooner than the thirtieth (30th) day after the date the decision of the director of public health services is delivered or mailed to the operator.

D. If the operator does not provide the written or documentary evidence within fifteen (15) calendar days of the notice of hearing and does not appear for the hearing provided for in this section, the impounded items shall be deemed abandoned, forfeited to the county, and may be immediately destroyed or otherwise disposed of by the county. If the impounded items are evidence in a criminal proceeding, they shall not be returned or destroyed pending release by the appropriate authorities.

(Ord. No. G-8862, § 2, 10-22-19; Ord. No. G-9252, § 2, 3-12-24)

Editor's note— Ord. No. G-8862, § 2, adopted Oct. 22, 2019, repealed the former § 8.04.150, and enacted a new § 8.04.150 as set out herein. The former § 8.04.150 pertained to authority to investigate violations and derived from Ord. G-7735 § 2 (part), adopted 2008; Ord. No. G-8006, § 14, adopted Jan. 26, 2010; and Ord. No. G-8370, § 12, adopted Dec. 18, 2012.

If the director of public health services determines at any time that applicable laws pertaining to any business, occupation, or activity regulated by this chapter have not been complied with, he may suspend or revoke the permit after first issuing and serving upon the permittee a notice setting forth in clear and concise language the acts or omissions with which the permittee is charged and informing him of his right to a hearing.

(Ord. G-7735 § 2 (part), 2008)

(Ord. No. G-7892, § 6, 6-23-09; Ord. No. G-8006, § 15, 1-26-10; Ord. No. G-8370, § 13, 12-18-12)

A. At any time within fifteen (15) days after service of notice of intent to suspend, revoke, or deny a permit, the permittee or applicant may request a hearing before the director of public health services to show cause why his permit should not be denied, suspended, or revoked. Failure to request a hearing within fifteen (15) days shall be deemed a waiver of the right to such hearing. The hearing shall be held within fifteen (15) calendar days of the receipt of a request for a hearing.

B. For good cause the director of public health services may order a hearing at any reasonable time within the fifteen-day period to expedite the permit suspension or revocation process. Upon written request of the permittee and good cause therefore, the director of public health services may postpone any hearing.

C. At the conclusion of the hearing, the director of public health services shall issue a written notice of decision to the permittee within five (5) working days following the hearing. In the event of a suspension or revocation, the notice shall specify the acts or omissions with which the permittee is charged, and shall state the terms of the suspension or that the permit has been revoked.

D. If any immediate danger to public health or safety is found, unless the danger is immediately corrected, the director of public health services may temporarily suspend the permit and order the business, occupation, or activity closed. "Immediate danger to public health and safety" means any condition, based upon inspection findings or other evidence, that may cause food infection, food intoxication, disease transmission, or hazardous conditions, including, but not limited to, unsafe food temperature, sewage contamination, nonpotable water supply, unsafe hazardous materials storage/handling, or an employee on the premises who is a carrier of a communicable disease.

E. Whenever a permit is suspended as the result of an immediate danger to the public health or safety, the director of public health services shall issue the permittee a notice setting forth the acts or omissions with which the permittee is charged, specifying the pertinent code provisions and informing the permittee of his rights as specified in this section and Section 8.04.160.

(Ord. G-7735 § 2 (part), 2008; Ord. No. G-8006, § 16, 1-26-10; Ord. No. G-8370, § 14, 12-18-12; Ord. No. G-8616, § 8, 1-12-16, eff. 2-12-16)

No provision of this chapter shall be interpreted to exempt any person from any action initiated by the environmental health division as may be required in the enforcement of state statutes, rules or regulations, or local ordinances.

(Ord. G-7735 § 2 (part), 2008; Ord. No. G-8006, § 17, 1-26-10)

A. If any fee required by this chapter is not paid or mailed and postmarked prior to or on the delinquency date, the applicant shall pay in addition to such fee a penalty equal to fifty percent (50%) of the fee. The term "delinquency date" means: in the case of a renewal, it shall be July 31st; for the annual renewal fee for underground storage tank/facility operating permit or annual fee for a business that must submit a business plan, it shall mean thirty (30) days after invoicing; in the case of a change of operators/owners or a newly established business activity, excluding food facilities, it shall mean thirty (30) days after the change or commencement of the business or activity; and in the case of an extended service fee, it shall mean thirty (30) days after the invoicing.

B. Failure to obtain or possess an environmental health permit as required by this chapter will result in the assessment of a monetary penalty in the amount of three (3) times the amount of the annual permit fee applicable to the operation.

C. Failure to obtain or possess an environmental health permit as required by this chapter is a misdemeanor, with the exception of those operations that would be defined as a Compact Mobile Food Operation.

D. Failure to pay the fee due and penalty, if any, within sixty (60) days of the billing is an infraction.

(Ord. G-7735 § 2 (part), 2008; Ord. No. G-9252, § 3, 3-12-24)