Monterey County Municipal Code Ch. 10.04 Health Permits—registration—fees

A. The following definitions shall govern in the construction and meaning of this Chapter:

"Account" means a single premises or ownership entity to which the operator sends a single bill, irrespective of the number of residential living units or occupants.

"Complaint inspection" means an inspection that is made as a result of a complaint on a facility that is permitted by the Department and significant violations are noted which will require a complaint reinspection to determine correction of the violations.

"Complaint investigation" means an investigation which was initiated as a result of the Department receiving a complaint from a member of the public, another agency or a member of its own staff. The complaint would have to be verified and involve municipal, County, State or Federal codes which the Health Officer enforces. The owner, operator, or person controlling the premises, lot, building, or area would be responsible for reimbursing the Health Officer for the cost of enforcing the municipal, County, State or Federal codes.

"Complaint reinspection" means an inspection which is made as a result of a complaint inspection to determine if the violations have been corrected.

"Department" means the Monterey County Health Department.

"Enforcement process" means those activities which the Department must engage in, during the course of enforcing and ensuring the compliance with municipal, local, State, and Federal codes, regulations, and laws.

"Health Officer" means the County Health Officer or the designee of the County Health Officer.

"Operating fee" means an annual fee to cover the costs of inspection, monitoring, and surveillance when a permit is issued for more than a year. Operating fee does not cover enforcement costs.

"Person" means an individual, partnership, corporation or other legal entity.

"Prescribed fee" means that amount of money which is due and payable in regards to a permit fee, operating fee, registration fee, or enforcement fees.

"Reinspection" means those inspections made after the regularly scheduled inspection and the follow up inspection of those facilities permitted by the Department. The purpose of the reinspection is to determine compliance of violations noted during the regularly scheduled inspection and were not corrected at the time of the follow up inspection.

"Request for services" means services requested by members of the public that are not part of a permit or enforcement process. A request for services application shall be completed and the fee paid prior to providing the service requested.

"Request for services application" means an application requesting services of the Department which states the nature of the services requested.

B. For the purpose of this Chapter any reference to a statute, law, rule, or regulation of the State of California shall also include any amendment to such statute, law, rule, or regulation.

(Ord. 3680, 1993)

No person who owns or controls any of the following businesses shall engage in or carry on the same without first obtaining a permit therefore from the Health Officer:

"Biohazardous waste disposition" as regulated in Chapter 6.1 of Division 20, Sections 25015 through 25173.5 of the Health and Safety Code.

"Cleaning of septic tanks, chemical toilets, cesspools" as regulated by Chapter 6 of Division 5 (commencing with Section 5474.20) of the Health and Safety Code.

"Desalination treatment facilities" as regulated in Section 10.72.010 of the Monterey County Code.

"Employee housing and labor camps" as defined and regulated in Division 13, Part I, commencing with Section 17000 of the Health and Safety Code and Title 25, Chapter 2, commencing with Section 600 of the California Code of Regulations.

"Food facility" as defined by Chapter 4 of Division 22, Section 2751 of the California Health Safety Code commonly known as the California Uniform Retail Food Facilities Law.

"Food Processing Establishments" as defined in Chapter 7 of Division 22, Section 28280.1 of the Health and Safety Code.

"Garbage and refuse collection" as defined in Chapter 10.41 of the Monterey County Code.

"Hazardous materials storage" as regulated by Chapter 10.65 of the Monterey County Code and Chapter 6.95 of Division 20, commencing with Section 25500 of the Health and Safety Code.

"Hazardous waste control" as regulated in Chapter 6.5 of Division 20 commencing with Section 25100 of the California Health and Safety Code.

"Ice plant" as defined in Chapter 6 of Division 5, Section 4003.

"Organized camps" as defined in Part 2.3 of Division 13, Section 18897 of the California Health and Safety Code.

"Ocean discharge" as required by the Coastal Implementation Plan.

"Public water system" as defined in Chapter 15.04 of the Monterey County Code and Part 1 of Division 5, commencing with Section 4010 of the Health and Safety Code.

"Sewage treatment and reclamation facilities" as regulated in Section 15.23.040 of the Monterey County Code.

"Solid waste disposal facilities" as defined in Sections 41901 and 43213 of the Public Resources Code.

"Spa pools" as defined in Chapter 20 of Title 22, Section 65501(f) of the California Code of Regulations.

"Swimming pools, public" as defined in Chapter 1 of Division 20, Section 24100 of the California Health and Safety Code.

The provisions of this Section apply to any person who, by way of transfer, acquires control or ownership of the business listed in this Section.

(Ord. 3680, 1993)

No person who owns or controls any of the following businesses or activities shall engage in or carry on the same without first registering with the Health Officer:

"Field toilets for food crop growing and harvesting" as required by Chapter 6.5 of Division 5, Section 5474.23 of the California Health and Safety Code.

"Hazardous materials handling" as regulated in Section 10.65.050 and defined in Section 10.65.020 of Chapter 10.65 of the Monterey County Code.

"Medical waste haulers, limited quantity" as regulated by Chapter 6.1 of Division 20, Section 25060 and 25061 of the California Health and Safety Code.

The provisions of this Section apply to any person who, by way of transfer, acquires control or ownership of the business or activities listed in this Section.

(Ord. 3680, 1993)

For all permits which are not issued on a yearly basis they shall be charged a yearly operating fee. Enforcement costs such as complaint inspections, complaint reinspections, reinspections, and compliance investigations shall be separately charged and not part of the operating or permit fee.

(Ord. 3680, 1993)

Applications for the permits and/or registration required by Section 10.04.020 and 10.04.030 shall be made in writing to the Health Officer, giving such information as the Health Officer may require to carry out the purpose of this Chapter. A person who acquires control or ownership of any of the businesses listed in Section 10.04.020 or 10.04.030, and who continues the operation of the business immediately upon transfer, shall file an application for the permits and/or registration required by said section within ten (10) days after such a transfer. Not later than five days after receipt of an application, the Health Officer shall review the application. If, after review, the Health Officer finds that the applicant and his or her place of business or business activity conform to all of the relevant sanitation and health laws and regulations of the United States of America, State of California, and County of Monterey, the Health Officer shall issue a permit or register the specific business activity or place where such business is to be carried on.

(Ord. 3680, 1993)

If a person conducts more than one of the activities for which a fee must be paid, such person must pay a separate fee for each such activity, except as otherwise provided in this Chapter.

(Ord. 3680, 1993)

The amount of any fee to be paid under this Chapter shall be set forth in the Monterey County Fee Resolution. All fees shall be paid in the amount stated in the fee resolution at the time of actual payment of the fee.

(Ord. 3680, 1993)

A. All fees prescribed by the Monterey County Fee Resolution shall be due and payable annually, on or before July 1st of each year for the fiscal year commencing each July 1st, except that:

1. Fees for service outside the permitting, registration process shall be paid prior to the service being rendered.

2. Fees for enforcement activities are due upon receipt of written notice of the amount.

3. A person who first commences the conduct of an activity for which a permit or registration fee is prescribed by this Chapter prior to any January 1st shall pay the full prescribed annual fee, but if such commencement is after any January 1st he or she shall pay one-half the prescribed annual fee.

4. The prescribed fee for solid waste disposal sites shall be due and payable annually on or before September 1st of each year.

5. The prescribed fee for the operation of a labor camp or employee community housing shall be considered as inspection fees for the initial inspection and shall be due and payable on January 1st of each year if operative for the full year or at least forty-five (45) days prior to the commencement of operations if operative for less than one year. In the event that the labor camp or employee housing cannot be approved for occupancy or when inspected, then the applicant shall be notified by means of a compliance order which describes in what respect the labor camp or employee community housing does not comply. The operator shall perform the required corrective work and request reinspection prior to occupying the labor camp or employee community housing. The operator shall pay the reinspection fees prescribed by these regulations. The prescribed fee for the operation of labor camps shall be due and payable on January 1st of each year if operative for the full year or at least forty-five (45) days prior to the commencement of operations if operative for less than one year.

B. If any person first commences the conduct of an activity for which a fee is prescribed by this Chapter without first making application for and paying the prescribed fee, a penalty equal to the prescribed fee shall be added to such fee.

C. Any person who, having paid his or her fee as prescribed by this Chapter, fails to either pay his or her reinspection, complaint inspection, or complaint reinspection fees for the previous fiscal year or fail to pay his or her permit, operating, or registration fee for the next succeeding fiscal year by July 1st of such year, shall pay a penalty of the greater of seventy-five dollars ($75.00) or twenty-five (25) percent of the total accumulated fees in addition to the prescribed fee, inspection fees, or total accumulated fees.

(Ord. 3680, 1993)

A. All permits issued pursuant to this Chapter shall be kept posted by the permittee in a conspicuous place in the permittee's place of business.

B. If any such permit is suspended or revoked, it shall be surrendered to the Health Officer upon his or her demand.

(Ord. 3680, 1993)

No permit issued or registration filed under this Chapter shall be transferable from person to person, nor valid for any other location or vehicle than that for which it was issued or filed except pursuant to Section 10.04.050.

(Ord. 3680, 1993)

Upon proof to his or her satisfaction of the violation by the permittee of any of the relevant sanitation health laws or regulations of the State of California or the County of Monterey, the Health Officer may temporarily suspend or may revoke such permit. Lack of payment of the permit, operating, or registration fee which is due and payable annually shall be sufficient cause for the Health Officer to temporarily suspend or revoke such permit. The lack of payment of any reinspection, complaint inspection, or complaint reinspection fees prior to July 1st of the next fiscal year shall be sufficient cause for the Health Officer to temporarily suspend or revoke such permit. No person whose permit has suspended or revoked shall continue to engage in or carry on the business for which the permit was granted, unless and until, in the case of suspension, such permit has been reinstated by the Health Officer.

(Ord. 3680, 1993)

A. Any person whose application for a permit or registration has been denied, or whose permit has been suspended or revoked, may appeal to the Board of Supervisors, in writing, within thirty (30) days after any such denial, or within three days after notification of any such suspension or revocation. The Board of Supervisors shall hear such appeal at its next meeting, and make its decision without unnecessary delay.

B. When any such appeal is from the action of the Health Officer in suspending or revoking a permit, the filing of the written appeal shall operate as a stay of such suspension or revocation until final disposition of the appeal by the Board of Supervisors.

(Ord. 3680, 1993)