Nevada County Municipal Code Ch. 3 Environmental Health Certificate of Operation

This Section may be known and may be cited and referred to as the Environmental Health Certificate of Operation Ordinance of the County of Nevada.

(Ord. 2530. (10/24/2023))

This Section is enacted pursuant to authority conferred by Cal. Health & Safety Code §§ 106500—119406.

It is the purpose of this Chapter to authorize the prescription of such fees as will pay the reasonable expenses of the Environmental Health Director incurred in such enforcement as to the establishments, businesses or activities for which an environmental health certificate of operation is required by this Section.

(Ord. 2530. (10/24/2023))

The provisions of this Section shall apply within any city in the County when the governing body thereof consents to County Environmental Health administration for that City pursuant to Cal. Health & Safety Code § 101375. The schedule of fees authorized by this Section shall be applicable in the area in which the Environmental Health Director of this County enforces any statute, order, quarantine, rule or regulation prescribed by a State Health Director or Department relating to Public Health.

(Ord. 2530. (10/24/2023))

For the purposes of this Section, unless the provisions or the context indicates otherwise, the terms and words defined in this Section shall have the meaning set forth in this Section.

Food Processing Establishment shall mean any establishment as defined by Cal. Health & Safety Code § 111955.

Food Vehicle shall mean any "vehicle" as defined by Cal. Health & Safety Code § 113831.

Mobile Food Facility shall mean that term as defined by CCR Tit. 17 Section 13601(a) of the California Administrative Code.

Public Swimming Pool shall mean that term as defined by Cal. Health & Safety Code § 115921.

Restaurant shall mean any restaurant as defined by 21 CFR 1.328.

Retail Food Production and Marketing Establishment means any such establishment as defined by Cal. Health & Safety Code § 28802.

Roadside Stands shall mean that term as defined by CCR Tit. 17 Section 13640(k).

Vending Machine shall mean that term as defined by Cal. Health & Safety Code § 113938.

(Ord. 2530. (10/24/2023))

No person shall maintain any of the following establishments, business or activities without a valid Public Health Certificate of Operation:

A. Restaurant;

B. Retail Food Production and Marketing Establishment;

C. Food Processing Establishment;

D. Mobile Food Preparation Unit;

E. Vending Machine;

F. Mobile Food Facility;

G. Roadside Stand;

H. Public Swimming Pool;

I. Centralized Wastewater Collection, Treatment, and Disposal Systems.

(Ord. 2530. (10/24/2023))

No person shall maintain any of the establishments or businesses or activities listed in violation of the conditions of an Environmental Health Certificate of Operation.

(Ord. 2530. (10/24/2023))

No person shall make a material change in any establishment, business, or activity listed above, without making application for a new Environmental Health Certificate of Operation.

(Ord. 2530. (10/24/2023))

No person shall maintain any of the establishments, businesses, or activities listed above with a revoked Environmental Health Certificate of Operation.

(Ord. 2530. (10/24/2023))

Any person required to apply for and obtain a certificate under the provisions of this Section shall prepare and submit to the Environmental Health Department an application for such certificate on forms provided for the purpose by the County.

(Ord. 2530. (10/24/2023))

The Environmental Health Director shall cause an investigation to be made of the facts stated in the application, and of the establishment, business, or activity for which the application is made. If the Environmental Health Director finds that the applicant is in compliance with the standards specified by this Section, the Environmental Health Director, or their designee, shall order the issuance of the Environmental Health Certificate of Operation. If they find that compliance with such standards can be obtained by the applicant, the Environmental Health Director, or their designee, may issue a Certificate subject to reasonable conditions. If they find that the applicant cannot comply with the standards specified by the Section, the Environmental Health Director shall deny the Certificate of Operation.

(Ord. 2530. (10/24/2023))

All certificates issued pursuant to this Section shall be in the form approved by the Board of Supervisors.

(Ord. 2530. (10/24/2023))

The term of an Environmental Health Certificate of Operation is one (1) year from July 1 of each year to June 30 of each succeeding year; every Environmental Health Certificate of Operation issued pursuant to the provisions of this Section shall terminate on June 30 following the date of issuance.

(Ord. 2530. (10/24/2023))

Each application shall be accompanied by the fees prescribed by resolution of the Board of Supervisors. Said fees shall in no event exceed the actual cost to the County to conduct the services required to satisfy the requirements of this Section for issuance of an Environmental Health Certificate of Operation.

(Ord. 2530. (10/24/2023))

All decisions, determinations, and actions of the Environmental Health Director as to applications for Environmental Health Certificates of Operation may be appealed by the applicant to the Board of Supervisors.

(Ord. 2530. (10/24/2023))

The decision of the Environmental Health Director rendered pursuant to the provisions of this Section shall be final, unless appealed within thirty (30) days after such decision is rendered in writing and notice of the same is given to the applicant by certified mail.

(Ord. 2530. (10/24/2023))

Appeals from decisions of the Environmental Health Director shall be made in writing and shall specify and set forth the grounds for the appeal and shall be filed by the appellant with the Clerk of the Board. The matter shall be set for hearing no later than thirty (30) days after such filing, and shall give the appellant and the Environmental Health Director no less than fifteen (15) days' written notice of such date of hearing.

(Ord. 2530. (10/24/2023))

Upon hearing the appeal, an Environmental Health Certificate of Operation shall be granted or granted upon conditions, if it is found that the establishment, business, or activity applied for meets the standards prescribed by this Section. In the event that such establishment, business or activity fails to meet the standards prescribed by this Section, the application shall be denied. Other conditions or requirements may be imposed, on a showing of good cause, for issuance of an Environmental Health Certificate of Operation.

(Ord. 2530. (10/24/2023))

Environmental Health Certificates of Operation issued under the provisions of this Section shall not be transferred, assigned, or set over by the Certificate to any other person. All Environmental Health Certificates of Operation issued under the provisions of this Section shall refer to and be limited to the establishment, business, or activity applied for. If such establishment, business, or activity is conducted upon a particular site, location, or address, such certificate shall not be transferrable to any other site, location or address.

(Ord. 2530. (10/24/2023))

Any Certificate of Operation issued pursuant to this Section may be revoked by the Board upon a petition by the Environmental Health Director if the Board finds that:

A. The establishment, business or activity has caused or becomes a public nuisance;

B. The permittee has violated a condition of the Certificate of Operation;

C. Due to a change of circumstances and conditions, the continuance of the establishment, business or activity is hazardous to the public health, welfare, or safety;

D. The applicant for the Certificate of Operation made a material misrepresentation of fact; or

E. The establishment, business, or activity is maintained in violation of the standards described by this Section, or any State or Federal statute or regulation.

(Ord. 2530. (10/24/2023))

A petition to revoke a Certificate of Operation shall be filed with the Clerk of the Board by the Environmental Health Director, accompanied by a statement of the grounds or reasons for such action. Upon receipt of such a petition, the Clerk of the Board shall set the matter for a public hearing and shall serve the permittee with a Notice of Hearing by mail and a copy of such petition, no less than fifteen (15) days prior to the hearing.

(Ord. 2530. (10/24/2023))

Upon hearing the petition of the Environmental Health Director and the response of the permittee at such hearing, the Certificate of Operation may be revoked if it is found that any of the grounds set forth Section 6.03.200 exist or have occurred. The petition for revocation shall be denied if it is found that none of such grounds for revocation exist or have occurred.

(Ord. 2530. (10/24/2023))

Applications for the issuance of Environmental Health Certificates of Operation and petitions for the revocation of Environmental Health Certificates shall be determined in accordance with the standards prescribed by this Section.

(Ord. 2530. (10/24/2023))

The standards shall consist of any statute, order, quarantine, rule or regulations prescribed by a State Director or department relating to Environmental Health or by this Section.

(Ord. 2530. (10/24/2023))

The standards of a restaurant include those specified for restaurants by the California Restaurant Act (Cal. Health & Safety Code §§ 109857—111929.4).

(Ord. 2530. (10/24/2023))

The standards for a retail marketing establishment include the rules specified for such an establishment by the Health and Safety Code of the State of California.

(Ord. 2530. (10/24/2023))

The standards for a food processing establishment shall include those specified for such establishments by the Health and Safety Code of the State of California.

(Ord. 2530. (10/24/2023))

The standards for a mobile food preparation unit shall include those specified for such units by the Health and Safety Code of the State of California and regulations promulgated thereunder including all other regulations.

(Ord. 2530. (10/24/2023))

The standards for a vending machine shall include those specified for such machine in the Health and Safety Code of the State of California.

(Ord. 2530. (10/24/2023))

A. Each vending machine shall have affixed thereon, in an accessible place, an identification plate made of durable material setting forth the model number or symbol of the machine and the serial number identifying each machine.

B. In addition, there shall be affixed to each vending machine or food vehicle a decal or other identification tag furnished by the Environmental Health Director indicating that the required health certificate fee has been paid for the current fiscal year.

(Ord. 2530. (10/24/2023))

The standards for a food vehicle shall include those specified for such vehicles by the Health and Safety Code of the State of California.

(Ord. 2530. (10/24/2023))

The standards for a public swimming pool include those specified for such pools by the Health and Safety Code of the State of California.

(Ord. 2530. (10/24/2023))

Any person violating any of the provisions of this Section shall be guilty of a misdemeanor and, upon conviction thereof, may be punished by a fine or imprisonment, or both. Such person shall be deemed guilty of a separate offense for each and every day during a portion of which a violation of this Section is committed, continued, or permitted by such person.

(Ord. 2530. (10/24/2023))

The operation of any business or activity that is listed in this Section, in violation of the provisions and standards of this Section is hereby determined to constitute a public nuisance. The maintenance and operation of such business or activity declared to be a public nuisance may be abated in any manner provided for by law.

(Ord. 2530. (10/24/2023))

The Certificates required by the provisions of Section 6.03.060 may be granted at any time during the calendar year and shall remain in force until June 30 of the succeeding year unless sooner suspended or revoked for cause, and no certificate shall be granted unless the applicant pays such fees as the Board of Supervisors may establish by resolution.