Oceanside Municipal Code Art. III Fee Schedule: Permit Procedure

Except as otherwise provided in this chapter, every person applying for a permit under the provisions of this chapter, shall, at the time of making application for such permit, pay a fee, the exact amount which shall be determined by the County of San Diego and kept on record by the county department of health services. Any fee which is not paid by the first day of the month following the month in which it is due is thirty (30) days delinquent, and on the first day of the next following month, if still unpaid is sixty (60) days delinquent. In any case where a fee is thirty (30) days delinquent a penalty of fifty dollars ($50.00) or an amount equal to fifty (50) percent of the fee, whichever is less, shall be added to and collected with the required fee. In any case where the fee is sixty (60) days delinquent, a total penalty of one hundred fifty dollars ($150.00) or one hundred fifty (150) percent of the fee, whichever is less, will be added to and collected with the required fee. The imposition or payment of the penalty imposed by this section shall not prohibit the imposition of any other penalty prescribed by this chapter or a criminal prosecution for violation of this chapter. Institutions exempt from real property assessments and taxation are exempt from paying the fees established by this section.

(Ord. No. 83-14, § 9, 4-27-83; Ord. No. 83-35, § 1, 8-24-83; Ord. No. 92-26, § 1, 12-2-92)

In any case where the applicant has failed for a period of thirty (30) days to file the application and obtain the required permit, license or registration, there shall be added to and collected with the required fee a penalty equal to a penalty of fifty dollars ($50.00) or an amount equal to fifty (50) percent of the fee, whichever is less. In any case where a fee is sixty (60) days delinquent, a total penalty of one hundred fifty dollars ($150.00) or one hundred fifty (150) percent of the fee, whichever is less, will be added to and collected with the required fee. The imposition of or payment of the penalty imposed by this section shall not prevent the imposition of any other penalty prescribed by this Code or any other prosecution for violation of this Code or any ordinance.

(Ord. No. 83-14, § 9, 4-27-83; Ord. No. 92-26, § 1, 12-2-92)

A permit or license issued shall expire on the last day of the month of the one-year anniversary month in which the permit was issued and shall be renewed annually, except as provided herein for food vending and sewage pumping vehicles and food vending machines. At the time application is made, there shall be paid to the department the required annual fee, which fee is due and payable each year. The annual fee, if unpaid, is delinquent on the first day of the second month after the month in which the permit expires; and thereafter a penalty equal to ten (10) percent of the annual fee shall be added thereto and shall be collected at the time application for renewal is made.

If the annual fee and penalty is not paid the first month after it is due, there shall be added to and collected with the annual fee an additional penalty equal to ten (10) percent of the annual fee for each month or fraction of a month during which the annual fee or any penalty continues to remain unpaid; however, in no event shall the total penalty added to the annual fee pursuant to this section be more than sixty (60) percent of the annual fee. The imposition of or payment of the penalty imposed by this section shall not prevent the imposition of any other penalty prescribed by this Code or any ordinance or prosecution for violation of this Code or any ordinance.

(Ord. No. 83-14, § 9, 4-27-83)

A permit is not transferable from one person or one place to another and shall be deemed voided if removed from the place or location specified in the written application and in the permit.

(Ord. No. 83-14, § 9, 4-27-83)

A permit shall be granted only on the express condition that it is subject to revocation or suspension upon a showing satisfactory to the health officer of the violation by the permittee, his employee, servant or agent, or any other person acting with his consent or under his authority, of any provision of this chapter, the California Restaurant Act, or rule or regulation of the state board of health.

(Ord. No. 83-14, § 9, 4-27-83)

A person aggrieved by the denial to him of a permit may appeal from such denial to the city council in the manner set forth in section 14.35 of this chapter.

(Ord. No. 83-14, § 9, 4-27-83)

A separate permit shall be required for each place of business, concession or vehicle used by permittee.

(Ord. No. 83-14, § 9, 4-27-83)

The director shall order that a hearing be held, with himself as hearing officer, to determine whether or not the health permit of an establishment should be suspended or revoked whenever it appears to him, by reason of either citizen complaint or department investigation, that the holder of such permit or his employee, servant or agent, or any person acting with his consent or under his authority, has or may have violated any provision of this article or any relevant requirement established or provided by law.

Any hearing pursuant to this section and any order of suspension or revocation resulting therefrom is supplemental to and shall not bar or foreclose subsequent proceedings against such person initiated pursuant to section 1.7 of this Code.

(Ord. No. 83-4, § 9, 4-27-83)

Upon the determination that a hearing be held pursuant to section 14.32, the health officer shall provide substantially as follows:

NOTICE OF HEARING

TO (name and address of permittee):

Notice is hereby given that on _______, the Director of Health Services of San Diego County and of the City of Oceanside ordered that a hearing be held on ________ (date and hour) _______ at _______ (place of hearing) _______ to determine whether or not Health Permit No. _____, issued to you for the establishment known as ___________ should be suspended or revoked.

The actions or inactions complained of are as follows:

_______ (set forth actions or inactions and the dates of such, and the code sections, statutes, or regulations violated) _______.

Be prepared to present evidence and witnesses on your behalf at this hearing if you so desire. You may be represented by legal counsel. Your failure to appear will not prevent the issuance of an order of suspension or revocation should such order appear justified by the evidence presented.

(Ord. No. 83-14, § 9, 4-27-83)

The following rules and procedures shall govern hearings held pursuant to this chapter:

(a) Hearing officer; disqualification of director. The director shall be the hearing officer. Upon the disqualification of the director to act as hearing officer, either on his own motion or that of the permittee acceded in by the director, he shall designate an alternate hearing officer. The sole grounds for disqualification are financial interest, bias or prejudice; prior knowledge of facts alone does not constitute bias or prejudice.

(b) Time. The hearing date shall be no less than ten (10) and no more than thirty (30) days following the date on which notice thereof was sent to the permittee.

(c) Continuance. The hearing officer may order such continuance or continuances as he deems necessary and proper.

(d) Transcript of hearing. The city or county is not required to furnish a shorthand reporter or any other method of reporting the hearing; the permittee may furnish such at his sole and nonreimbursable cost and expense if he so desires.

(e) Waiver of irregularities. Any procedural or evidentiary irregularities in the hearing are deemed to be waived unless objection is taken thereto and a specific ruling requested thereon.

(f) Findings. Specific findings, including a finding that the public health, safety and welfare are subject to a clear and present danger, may be made but are not required. If specific findings are not made, the hearing officer shall make a general finding that the actions or inactions complained of, as set forth in the notice of hearing, are true or untrue, and that such actions or inactions do or do not constitute a violation of the condition set forth in section 14.32.

(g) Decision and order. If the hearing officer finds that the actions or inactions complained of are untrue, he shall order that the proceedings are dismissed. If the hearing officer finds that the actions or inactions complained of are true, and that a violation as aforesaid has occurred, he shall order either that the permit be suspended for a period not to exceed six (6) months or that the permit be revoked. The decision and order of the hearing officer shall be final unless an appeal is taken pursuant to section 14.35.

(h) Modification or rescission of order of suspension. If the hearing officer orders that the permit be suspended for a certain period, the permittee may subsequently petition for the modification or rescission of the order of suspension and the reinstatement of the permit. The hearing officer, in his discretion, may grant or deny the petition; or he may grant the petition subject to the condition of the imposition of a probationary period, during which period any violation by the permittee of the condition set forth in section 14.32 is grounds for summary suspension of the permit for the remainder of the period established by the original order of suspension, and is also grounds for the institution of new proceedings for suspension or revocation of the permit. The order of the hearing officer with respect to such petition is final, and no administrative appeal shall lie therefrom.

(i) Probation. If the hearing officer orders that the permit be suspended or revoked, he may, in the interests of justice and equity, further order that the order of suspension or revocation be stayed and the permittee be placed on probation for a period not to exceed three (3) years. The hearing officer may grant probation for a period not to exceed three (3) years. The hearing officer may grant probation on such conditions as he deems to be fair and reasonable. If the permittee is dissatisfied with the order or probation, or with the conditions thereof, he may reject the offer of probation, in which event the order of suspension or revocation shall become final; if the permittee is satisfied with the order of probation, he shall indicate such assent and his agreement to be bound by the terms thereof by affixing his signature thereof.

Upon the charge by the health officer of the violation by the permittee of a condition of probation, a hearing shall be held pursuant to this section, limited to the issue of whether or not such condition was in fact breached. If it is found that the condition was breached, the original order of suspension or revocation shall be forthwith enforced, and probation in the same matter shall not be granted again.

Upon the petition of the permittee for termination of probation and release from the conditions thereof, the rules and procedures established by subsection (h) hereof shall apply except that the hearing officer shall either grant or deny such petition and shall not impose any condition on such grant or denial.

(Ord. No. 83-14, § 9, 4-27-83)

Any permittee aggrieved by the decision or the order of the hearing officer or by the denial of an application for a health permit may, within fifteen (15) days of the date of the written announcement of the decision and order or of the denial, appeal to the city council. Such appeal shall be effected by depositing in the office of the city clerk within said fifteen (15) days a notice of appeal which sets forth the notice of hearing and the decision and order of the hearing officer. The clerk shall present the notice of appeal to the city council at their next regular meeting, at which time the council shall set the matter for hearing de novo at the earliest date possible in light of its regular business.

(Ord. No. 83-14, § 9, 4-27-83)

The following rules and procedures shall govern appeals pursuant to this chapter:

(a) Effect of appeal. Upon the filing of the notice of appeal, the order of the hearing officer shall be stayed unless the hearing officer has found that the public health, safety and welfare are threatened, in which case the director of public health shall make order or orders as are necessary to safeguard the public health, safety and welfare. If the permittee agrees in writing to comply with such order or orders pending the outcome of the appeal, the order of the hearing officer shall in that case also be stayed, otherwise it shall not be stayed.

(b) Hearing de novo. The city council shall hold a hearing de novo, at which time the health officer and the permittee may offer any and all relevant evidence, whether or not such evidence was before the hearing officer, and may make oral arguments. The city council is not bound or limited in any way by the evidence before the hearing officer, although it may consider such evidence, or by the rulings, findings, decisions or order of the hearing officer.

(c) Continuance; transcript; irregularities; findings; decision; order; modification of order; probation. The provisions of subsections (c), (d), (e), (f), (g), (h) and (i) of section 14.34 apply to hearings conducted pursuant to this section; provided that in the hearings conducted pursuant to this section, the city council shall exercise the powers given to the hearing officer by said subsections and further provided that the decision of the city council shall be final for all purposes.

(Ord. No. 83-14, § 9, 4-27-83)