Napa County Municipal Code Ch. 8.85 Enforcement of Public Health Orders

A. In order to address the immediate threat to the public peace, health, safety and welfare, this ordinance helps to ensure that the orders of the county public health officer, issued pursuant to authority granted in the Health & Safety Code to control the spread of an infectious or communicable disease, are followed by providing an administrative enforcement mechanism as an alternative to the mechanisms otherwise available by law.

B. Issuance of administrative penalties provides a significant deterrent to violating the public health orders, and will help promote public health measures and implement guidance issued by the state or county public health officers.

C. This alternative enforcement mechanism is also designed to provide some relief to law enforcement, to enable additional county staff to assist with enforcing the public health orders, and to enhance the county's ability to achieve the public health purposes supporting the public health orders.

D. Pursuant to Section 53069.4 of the California Government Code, the board elects to create an administrative penalty and hearing process for the purpose of enforcing public health orders.

E. The potential harm or damage caused by the violation of public health orders demands a substantial penalty so as to provide an effective and significant deterrent to violating such orders.

F. For violations of the public health orders involving activities designed to make a profit, the administrative penalties must be substantial to ensure businesses do not consider the fines as "the cost of doing business."

(Ord. No. 1459, § 3, 7-14-2020)

The following definitions shall apply to this chapter:

A. "Board" means the Napa County Board of Supervisors.

B. "Citation" or "administrative citation" means a civil citation issued pursuant to this chapter under the authority of Government Code section 53069.4.

C. "City" means any of the Cities of American Canyon, Napa, St. Helena, or Calistoga.

D. "Days" means calendar days, unless otherwise indicated.

E. "Enforcement officer" means the following officers or employees or their designated assistants or deputies:

1. Police officers, code enforcement officers, and any other employees designated by a city or the town;

2. The county public health officer;

3. The director of the department of health and human services;

4. The county executive officer;

5. The county code compliance manager, the code compliance supervisor, and any code compliance officer;

6. The county environmental health manager, supervisor, and any environmental health specialist or environmental management coordinator;

7. The county sheriff;

8. The county fire marshal; and

9. The county counsel.

F. "County public health officer" means the county health officer designated by the Board pursuant to Health and Safety Code section 101000.

G. "Public health order(s)" means any order issued by the county public health officer under authority granted by state law, any order issued by the state public health officer, any state guidance and directives issued by the state public health officer containing mandatory, binding, or enforceable obligations applicable to the public, or any site- or industry-specific protocols completed as required by state and local requirements.

H. "Responsible party" means an individual or legal entity, or the agent or legal guardian of such individual or entity, whose action or failure to act violated a public health order, including, without limitation, any person or entity that causes, maintains, permits, or allows a violation of this chapter, any person or entity that owns, possesses, or controls any parcel of real property upon which a violation of this chapter is maintained, or any person or entity that owns, possesses, operates, manages, or controls any business within the county that is responsible for causing or maintaining a violation of this chapter.

I. "Town" means the Town of Yountville.

(Ord. No. 1459, § 3, 7-14-2020)

All public health orders issued during a declared local health emergency are hereby adopted as the law of the county and shall apply to both incorporated cities and unincorporated areas of the county. All public health orders issued during a local health emergency shall be deemed orders and regulations of the board, pursuant to Government Code section 8634, and are determined to be necessary for the protection of life and property during the local health emergency.

(Ord. No. 1459, § 3, 7-14-2020)

Any violation of a public health order in the incorporated or unincorporated areas of the county shall be a misdemeanor, shall constitute a public nuisance, and shall represent an immediate danger to public health and safety pursuant to Government Code section 53069.4. Nothing in this chapter shall be interpreted to make any conduct that does not violate a public health order a violation of this chapter.

This chapter may be enforced by an enforcement officer. Use of the enforcement procedures set forth in this chapter shall be at the sole discretion of the county, city, or town, and their officers, agents, and employees. The enforcement procedures set forth in this chapter are supplemental to all other enforcement procedures provided by local, state, or federal law, including any criminal, civil, or administrative enforcement procedures. Election to employ the procedures set forth in this chapter shall not be exclusive of any other enforcement procedures with respect to the same violation(s).

(Ord. No. 1459, § 3, 7-14-2020)

A. Any person who violates a public health order may be issued a citation by an enforcement officer. Each and every day a violation of a public health order exists constitutes a separate and distinct offense.

B. When an enforcement officer discovers or otherwise determines that a violation of a public health order has occurred, such enforcement officer may issue a notice of violation to the responsible party that provides up to two days to abate the violation. If the responsible party receiving the notice of violation does not abate the violation in the time provided by the notice of violation, the enforcement officer may then issue a citation. This section does not prevent the enforcement officer from issuing a citation without previously issuing a notice of violation where, in the enforcement officer's sole discretion, the circumstances of the violation make the notice of violation unnecessary or ineffective.

C. An administrative penalty for violation of this chapter may be assessed by means of a citation issued by an enforcement officer and shall be payable directly to the local agency whose enforcement officer issued the citation. Administrative penalties imposed by means of citation shall be collected in accordance with the procedures specified in this chapter.

D. The amount of the penalty imposed pursuant to this chapter shall be as follows:

1. For violations involving non-commercial activity, the penalty shall not exceed five hundred dollars per violation and in no case shall be less than twenty-five dollars.

2. For violations involving commercial activity, the penalty shall not exceed five thousand dollars per violation and in no case shall be less than two hundred dollars.

E. If a violation of this chapter is not corrected, additional citations may be issued for the same violation.

F. The administrative penalty becomes effective and due immediately upon issuance of the citation. The responsible party has thirty days from the date of service of the citation to pay the penalty in the absence of a timely submitted request for hearing to appeal the citation, pursuant to section 8.85.070, below.

G. The county, city, or town may pursue any remedy authorized by law to collect administrative penalties that are not timely paid, including but not limited to a civil action for collection of civil penalties.

(Ord. No. 1459, § 3, 7-14-2020)

A. A citation, or a notice of violation issued pursuant to section 8.85.050, above, shall contain the following information:

1. The name and address of the responsible party;

2. The date and address or description of the location where the violation occurred;

3. Reference to the public health order that was violated, including reference to the paragraph number containing the provision(s) violated;

4. The amount of the penalty due (or for notices of violation, to become due if the responsible party fails to abate the violation);

5. Identification of appeal rights, including a copy of the request for hearing form;

6. The signature of the enforcement officer issuing the citation; and

7. The date of the issuance of the citation.

B. A citation shall be served on the responsible party in one or more of the following ways:

1. By personal service, provided the personal service can be accomplished without violating public health orders. Such service is effective if the citation documents are set down near the responsible party and orally identified in a manner that can be heard by the responsible party.

2. By posting and mailing a copy of the citation, if the violation occurred on real property known to the enforcement officer to be owned, possessed, or controlled by the responsible party. The citation shall be physically posted on the real property in a position that is likely to catch the attention of a person entering the property, including, without limitation, a front door, a gate, or a mailbox. The citation shall also be mailed by overnight mail, postage prepaid, to the address at which the citation was posted, or to any other mailing address of the responsible party that is known to the enforcement officer.

3. By mailing a copy of the citation to a mailing address of the responsible party that is known to the enforcement officer, if personal service or posting is impracticable.

4. By emailing a copy of the citation to an email address reasonably likely to be accessible to the responsible party, if personal service or posting is impracticable.

C. Service shall be complete at the time of personal service or emailing, one day after posting and mailing the citation, or five days after service by mail alone. The failure of any person to receive the citation shall not affect the validity of the citation or of any other code enforcement steps or proceedings taken pursuant to this chapter or other provision of the code.

(Ord. No. 1459, § 3, 7-14-2020)

A. Except as set forth herein, the procedures set forth in chapter 1.28 of the Napa County Code shall apply to an appeal of a citation issued pursuant to this chapter. Chapter 2.88 shall not apply to appeals of citations issued pursuant to his chapter.

(Ord. No. 1459, § 3, 7-14-2020)