Chapter 9 — PUBLIC HEALTH PERMITS AND ENFORCEMENT

The purposes of this chapter are to establish a permit system for activities subject to State statutes, orders, quarantines, rules, or regulations and City laws relating to environmental health; and to provide for the collection of the fees necessary to pay the reasonable expenses resulting from the enforcement thereof as authorized by Sections480, 481, 482, and 1155.6(d) of the Health and Safety Code of the State.

(§ 1, Ord. 555, eff. April 13, 1978)

Pursuant to the provisions of Sections 476, 477, and 1155.6 of the Health and Safety Code of the State, the Director of Environmental Health of the County is directed to enforce and observe in the City all orders, quarantine regulations, and rules prescribed by the Department of Public Health of the State, all other rules and regulations issued under the provisions of the Health and Safety Code of the State, the provisions of this chapter, and all statutes now or hereafter enacted relating to environmental health and sanitation services. (§ 1, Ord. 555, eff. April 13, 1978)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Bakery," "organized camp," "retail food production and marketing establishment," "public water system," "itinerant restaurant," "restaurant," "vending machine location," "ice plant," "sell contained ice plant," "ice distributor," and "ice distribution vehicle" shall have the meanings assigned for each in the Health and Safety Code of the State.

"Commissary" shall mean any food processing establishment as defined in Section 28280.1 of the Health and Safety Code of the State which establishment purveys food exclusively for sales or distribution from vehicles required to have a permit under the provisions of this chapter.

"Director" shall mean the Director of Environmental Health of the County and his or her duly authorized agents.

"Food vehicle" shall mean any vehicle from which packaged and perishable foods are sold or otherwise offered to the public.

"Food vendor" shall mean any person who sells or distributes food to the public by means other than those defined in this section.

"Frozen food vehicle" shall mean any vehicle upon which predominantly frozen foods are sold or otherwise offered to the public.

"Mobile food preparation unit," "food establishment open to the outside air," "retail dairy," "retail sales area of grower-seller premises," and "roadside stand" shall have the meanings assigned for each in Title 17 of the California Administrative Code.

"Perishable food" shall mean any food or beverage capable of supporting the rapid and progressive growth of microorganisms which can cause food infections or food intoxications.

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City of Ojai, CA

SANITATION AND HEALTH

§ 5-9.03

§ 5-9.06

"Person" shall mean an individual, partnership, joint venture, association, trust, corporation, or municipal corporation.

"Public swimming pool" shall mean and include "swimming pools," "pools," "wading pools," "special use pools," and "temporary training pools" as defined in Section 7774 of Title 17 of the California Administrative Code. This definition shall not include private pools which are maintained by an individual exclusively for the use of his or her family and friends.

"Retail delivery vehicle" shall mean any vehicle from which exclusively nonperishable foods are carried, sold, or otherwise offered to the public.

"Tax Collector" shall mean the County Treasurer-Tax Collector, Public Administrator.

"Vending machine," "septic tank pumper," "food demonstrator," and "medical research institution" shall have the meanings assigned for each in Division 4 of Chapter 6 of the Ventura County Ordinance Code.

(§ 1, Ord. 555, eff. April 13, 1978)

No person shall engage in the construction or remodeling of a restaurant, bakery, commissary, food establishment open to the outside air, retail dairy, roadside stand, retail food production and marketing establishment, public swimming pool, or public water system without having first obtained a permit to construct. A retail sales area of a grower-seller premises may be constructed without a permit to construct if no permit for the structure is required by the Building Department.

(§ 1, Ord. 555, eff. April 13, 1978)

Two sets of plans shall be submitted to the Director for the new construction or remodeling of restaurants, bakeries, commissaries, retail sales areas of grower-seller premises, retail dairies, roadside stands, food establishments open to the outside air, retail food production and marketing establishments, and public swimming pools. Upon the approval of the plans, a permit to construct will be issued and will be valid for 12 months or until the completion of the construction or remodeling, whichever comes first. Upon a written request therefor, the Director, for good cause, may extend the 12 month period for an additional period not to exceed 12 months. A permit to construct may be denied unless it appears, upon the review of the plans, that applicable State, County, and City environmental health requirements will be met. Otherwise the permit shall be granted.

(§ 1, Ord. 555, eff. April 13, 1978)

No person shall conduct any business, occupation, or activity set forth in Section 5-9.03 of this chapter within the City, whether or not at a fixed location, without having first obtained a health permit. The health permit shall be in addition to the permit to construct and to any other license or permit required by the City or any other public jurisdiction. A health permit may be denied if it appears, upon an inspection of the premises or otherwise, that applicable State, County, and City environmental health requirements will not be met. Otherwise the permit shall be granted. Such permits shall be valid for a period of 12 months after the date of issuance and shall be renewable from year to year upon the payment, on or before the delinquency date of each such

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City of Ojai, CA § 5-9.06

OJAI CODE

§ 5-9.11

year, of the fee required or upon the payment of such fee plus penalties. The paid period of a health permit shall not be affected by any period of suspension imposed by the Director pursuant to the provisions of Sections. 5-9.22, 5-9.23, or 5-9.24 of this chapter. (§ 1, Ord. 555, eff. April 13, 1978)

Either the lessor or the lessee of all vehicles defined in Section 5-9.03 of this chapter shall obtain a health permit to operate. If the lessor obtains a permit and there is a change in the lessee, the lessor shall notify the Director and obtain a new health permit. The Director may exempt from the permit requirement vehicles operated by owners of restaurants and retail food production and marketing establishments if such vehicles are used exclusively for deliveries of packaged foods. No such exemptions may be granted for food vehicles which hold or transport perishable foods for periods longer than one hour.

(§ 1, Ord. 555, eff. April 13, 1978)

If a permittee shall engage in, conduct, manage, or carry on at the same time more than one of the activities for which a permit is required by this chapter, he shall be deemed to be engaging in, conducting, managing, or carrying on each such activity separately and apart from each other activity, whether located on the same premises or not.

A restaurant, retail food production and marketing establishment, or other establishment having a valid health permit shall not be required to obtain an ice distributor's permit for ice distribution activities conducted on the premises.

(§ 1, Ord. 555, eff. April 13, 1978)

Applications for any permit required by this chapter shall be made on such forms as are prescribed by the Director. (§ 1, Ord. 555, eff. April 13, 1978)

Upon the receipt of the application and following the approval of the Director, the Director shall forward one copy to the County Tax Collector for the collection of the permit to construct or health permit fee and one copy to the City License Tax Collector for information to assist in the collection of the business license tax.

(§ 1, Ord. 555, eff. April 13, 1978)

A permit may be issued pursuant to the provisions of this chapter to a corporation duly authorized to transact business in the State or to a person operating under a fictitious name who has complied with all of the provisions of Chapter 5 (commencing with Section 17900) of Part 3 of Division 7 of the Business and Professions Code of the State. Otherwise all such permits shall be issued in the true name of the applicant. Except as otherwise provided in this section, no permittee may operate under any false or fictitious name. A permit issued to a corporation shall designate such corporation by the exact name which appears in the articles of incorporation of

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City of Ojai, CA

SANITATION AND HEALTH

§ 5-9.11

§ 5-9.15

such corporation. (§ 1, Ord. 555, eff. April 13, 1978)

If the applicant for a permit under this chapter shows to the satisfaction of the Director that because a business or occupation or other activity is of a seasonal nature, or because of statutory or ordinance regulations, or because of the termination or loss of a lease, or because of the acquisition by the public of the premises on which the occupation or business or other activity is situated, or because of similar reasons such business, occupation, or activity can only be carried on for a limited period of time, not more than three-fourths of a year, the permit fee shall be the following fractions of the annual fee:

• (a) For one-fourth of a year or less, one-fourth;

• (b) For more than one-fourth but not more than one-half of a year, one-half;

• (c) For more than one-half but not more than three-fourths of a year, three-fourths.

License fees of $25 or less shall not be prorated.

A public swimming pool which operates more than three months of the year shall not be considered a seasonal activity.

(§ 1, Ord. 555, eff. April 13, 1978)

The Director shall issue without a fee a permit to any individual applicant who otherwise would be entitled to such permit if such person files with the Tax Collector a certificate by a licensed physician and surgeon or by the Bureau of Vocational Rehabilitation of the Department of Education of the State that he has not more than 10% visual acuity in his or her better eye, with correction.

(§ 1, Ord. 555, eff. April 13, 1978)

Except for operators of organized camps, as defined in Section18897 of the Health and Safety Code of the State, any person exempt from taxation under subsection (c) of Section 501 of the Internal Revenue Code or subsections (a), (b), (d), (e), (f), (g), and (1) of Section 23701 of the Revenue and Taxation Code of the State, who conducts exclusively for charitable purposes an activity for which there is to be derived no personal benefit through the distribution of profits or the payment of excessive charges or compensation, shall not be charged a fee for the permits required by this chapter.

(§ 1, Ord. 555, eff. April 13, 1978)

Persons exempt from permit fees under the provisions of Section 5-9.14 of this chapter shall file acceptable evidence showing entitlement to such exemption with the Tax Collector within 20 days following an application for a permit; otherwise, no permit fee exemption shall be granted. Acceptable evidence of an exempt status shall mean a copy of an appropriate tax exemption

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City of Ojai, CA § 5-9.15

OJAI CODE

§ 5-9.21

letter prepared by the Internal Revenue Service or Franchise Tax Board of the State.

In lieu of an appropriate tax exemption letter from the Internal Revenue Service or Franchise Tax Board of the State, a declaration on a form prescribed by the Tax Collector attesting to the nonprofit or charitable status of the permittee will be accepted if the permittee is exempt under subsection (c) of Section 501 of the Internal Revenue Code or subsections (a), (b), (d), (e), (f), (g), and (l) of Section23701 of the Revenue and Taxation Code of the State. (§ 1, Ord. 555, eff. April 13, 1978)

Any permit applicant wholly supported by tax revenues shall not be charged a fee for any permit required by this chapter.

(§ 1, Ord. 555, eff. April 13, 1978)

The Tax Collector shall collect the permit fees and penalties as directed by this chapter when he receives the approved application for a permit from the Director and shall perform such other duties as are by this chapter prescribed. (§ 1, Ord. 555, eff. April 13, 1978)

Where the Director finds that a permit (whether in the form of a tag, plate, paper or card, sticker, or otherwise) has been lost, he shall issue a duplicate permit to the owner thereof upon the payment of a fee in the amount provided for by this chapter. (§ 1, Ord. 555, eff. April 13, 1978)

The permits required by the provisions of this chapter shall not be transferable from one person to another nor by the same person from one business location to another; provided, however, a permit issued to a partnership may be transferred upon a reorganization of the partnership by the addition or departure of a partner if the partnership, as reorganized, applies for such transfer in the same manner as for a new permit and pays the transfer fee as provided for in this chapter. (§ 1, Ord. 555, eff. April 13, 1978)

Every person having a permit under the provisions of this chapter and engaging in a permitted business or activity at a fixed place of business shall keep such permit posted and exhibited in public view while in force. Such person engaging in a business or occupation and not having a fixed place of business shall carry such permit with him or her at all times while engaging in the business or activity for which the permit was granted. (§ 1, Ord. 555, eff. April 13, 1978)

The Director shall issue an appropriate tag or sticker for each vehicle or vending machine under permit at the time the permit is issued. The permittee shall keep such tag or sticker affixed to

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City of Ojai, CA

SANITATION AND HEALTH

§ 5-9.21

§ 5-9.24

each vehicle or machine in a conspicuous place at all times. Where the applicant for such permit owns more than one vending machine, the Director shall issue but one permit form which shall set forth, in addition to the information required, the number of machines under permit for which the permit fee has been paid and the tags or stickers have been issued. (§ 1, Ord. 555, eff. April 13, 1978)

If the Director determines that any of the provisions of this chapter or of applicable statutes, quarantine orders, rules, or regulations are not being complied with in the City, he may issue and serve upon the permittee a notice of intended suspension or revocation setting forth in clear and concise language the acts and omissions with which the permittee is charged and specifying the provisions violated. Such notice shall specify a date and time, not more than 15 days following its service upon the permittee, and place of hearing before the Director or his or her agent designated in the notice, and shall be served on the permittee at least five days prior to the hearing. The permittee shall attend such hearing and may show cause, if any, why the permit should not be suspended or revoked. The Director, on his or her own motion or upon good cause shown by the permittee, may continue any such hearing by giving notice to the permittee of the time and place of the continued hearing. At the close of the hearing or at any time within 10 days thereafter, the Director shall order such disposition of the permit, within the terms of the original or any amended notice of intended suspension or revocation, as he deems proper, and such order in writing shall be served upon the permittee. The order of suspension or revocation shall be effective from the time of such service. If the permittee should fail to appear at any such noticed hearing or continued hearing, the Director may make all such orders as he might make if the permittee were present.

(§ 1, Ord. 555, eff. April 13, 1978)

In the event the Director determines that the immediate suspension of a permit issued under the provisions of this chapter is necessary in the interests of public health or safety, he shall suspend the permit by serving upon the permittee a notice of suspension, effective forthwith, setting forth in clear and concise language the acts or omissions with which the permittee is charged and stating the permittee's rights to an appeal hearing. (§ 1, Ord. 555, eff. April 13, 1978)

• (a) At any time within the 15 day period after a permit has been suspended or revoked pursuant to the provisions of Section 5-9.23 of this chapter, the permittee or other aggrieved person, on a form provided by the Director, may request in writing an appeal hearing before the Director. Failure to request an appeal hearing within 15 days after the permittee has received a notice of suspension or revocation shall be deemed a waiver of the permittee or other aggrieved person's right to such hearing. Upon the receipt of a request for an appeal hearing filed in accordance with the provisions of this section, the Director shall schedule such hearing within 15 days and notify the appellant in writing of the date, time, and location of the appeal hearing at least five days prior to the hearing. The appellant shall attend such hearing and may show cause, if any, why the permit should be reinstated. The Director, on his or her own motion or upon good cause shown by the appellant, may continue any such hearing by giving notice to the appellant of the time and place of the

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City of Ojai, CA § 5-9.24

OJAI CODE

§ 5-9.31

continued hearing. At the close of the hearing or at any time within 10 days thereafter, the Director shall order such final disposition of the permit as he deems proper, and such order in writing shall be served on the permittee and appellant. The order of reinstatement, suspension, or revocation shall be effective from the time of such service. If the appellant should fail to appear at any such noticed hearing or continued hearing, the Director may make all such orders as he might make as if the appellant were present.

• (b) Any aggrieved person may appeal the decision of the Director in respect to the provisions of this chapter, to the City Council, pursuant to the provisions of Chapter 4 of Title 1 of this Code.

• (§ 1, Ord. 555, eff. April 13, 1978, as amended by § 5, Ord. 708, eff. April 27, 1995)

No person shall conduct any business, occupation, or activity requiring a permit to construct or health permit after such permit has been suspended or revoked by the Director pursuant to the provisions of this chapter.

(§ 1, Ord. 555, eff. April 13, 1978)

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provision of this chapter shall be guilty of an infraction or a misdemeanor at the discretion of City authorities as provided in Title 1, Chapter 2, Section 1-2.03 of this Code, and upon conviction thereof shall be subject to the penalties provided therein. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued, or permitted by such person, firm or corporation and shall be punishable as provided in this section. (§ 1, Ord. 555, eff. April 13, 1978, as amended by § 6, Ord. 697, eff. June 25, 1993)

The fees for itinerant restaurants shall be the same as the fees for restaurants. (§ 1, Ord. 555, eff. April 13, 1978)

The fees for food vendors shall be the same as the fees for food demonstrators. (§ 1, Ord. 555, eff. April 13, 1978)

The fees for retail sales areas of grower-seller premises, food establishments open to the outside air, roadside stands, and retail dairies shall be the same as the fees applicable to retail food production and marketing establishments. (§ 1, Ord. 555, eff. April 13, 1978)

The fees for public water systems shall be the same as the fees applicable to water purveyors. (§ 1, Ord. 555, eff. April 13, 1978)

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City of Ojai, CA

SANITATION AND HEALTH

§ 5-9.31

§ 5-9.31

All the fees and fee penalties provided for in this chapter shall be identical to those fixed by resolution of the County Board of Supervisors for establishments operating in the unincorporated areas of the County.

(§ 1, Ord. 555, eff. April 13, 1978)

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City of Ojai, CA

SANITATION AND HEALTH

§ 5-10.01

§ 5-10.02