Montclair Municipal Code Ch. 6.28 Uniform Environmental Health Code

Pursuant to California Health and Safety Code Sections 480 et seq., 500 et seq., 1155.5, Title 17 of the California Administrative Code and other relevant State law for the protection of the environmental public health, the issuance of permits and violation of such regulations, there is adopted by the City of Montclair as its Environmental Health Code (EHC) that certain code known as the Uniform Environmental Health Code, being Chapters 1—11, Division 3, Title III, of the San Bernardino County Code, except as provided in Section 6.28.020 of this chapter. The City designates the San Bernardino County Department of Environmental Health Services (DEHS) as the enforcement agency for the purpose of this Environmental Health Code and all State law pertaining to environmental health. Pursuant to California Government Code Section 50022.6, a copy of said code is on file in the office of the City Clerk of the City of Montclair and the same is adopted and incorporated as fully as if set out at length herein.

(Ord. 99-791 Exh. A (part); prior code § 6-3.01)

The Uniform Environmental Health Code of San Bernardino County chapters are deleted as follows:

Chapter 8, Article 1 — Refuse Storage is deleted.

Chapter 8, Article 2 — Refuse Collection is deleted.

Chapter 8, Article 4 — Sewage Holding Tanks is deleted.

Chapter 8, Article 6 — Designated Maintenance Areas is deleted,

Chapter 8, Article 7 — Operation of Multiple Ownership Septic Systems is deleted.

(Ord. 99-791 Exh. A (part); prior code § 6-3.02)

A. It is unlawful for any person or entity to deny access, interfere with, prevent, restrict, obstruct or hinder the Department of Environmental Health Services' (DEHS) employees or agents acting within the scope of their duty or agency. Offering physical resistance or bodily attack upon authorized representatives of DEHS acting within the scope of their duty or agency is a misdemeanor, punishable by imprisonment in the County jail for not less than 10 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 an action brought by DEHS or, under circumstances immediately dangerous to public health or safety, may be summarily abated by DEHS enforcement officers as provided herein or otherwise in the manner provided by law for the summary abatement of public nuisances.

C. Except where punishable as a felony under State law, any person or entity that violates any provision of this Environmental Health Code ("EHC") shall be guilty of a violation pursuant to Chapter 1.12 of this Code. Any person or entity who is convicted of a violation of this EHC by a court of competent jurisdiction shall be liable to the San Bernardino County Department of Environmental Health Services (DEHS) for all necessary costs incurred in investigation, discovery, analysis, inspection, cleanup, and other actual costs incurred by the DEHS 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 this EHC shall be responsible for any violation by any employee of any of its provisions. Payment of any penalty or serving any term of imprisonment herein provided shall not relieve any person or entity from the responsibility of correcting condition constituting the violation.

(Ord. 06-889 § 10; Ord. 99-791 Exh. A (part); prior code § 6-3.03)

No person shall place or deposit, in any waste or garbage receptacle for collection pursuant to the provisions of this chapter, hypodermic needles, medicines, pills, poisons, caustic acids, explosives, condemned food products, animal excreta, dead animals, or similar dangerous or harmful substances.

(Ord. 99-791 Exh. A (part); prior code § 6-3.04)

Hypodermic needles and similar medical instruments shall not be disposed of in the normal manner but may be deposited in waste or garbage receptacles only if such instruments are rendered totally inoperative. Medicines, pills, poisons, and similar medical supplies shall either be deposited in the sanitary sewers or stored inside a building for special handling by the refuse collector.

(Ord. 99-791 Exh. A (part); prior code § 6-3.05)