§ 6-4

Pursuant to the Cal. Health & Safety Code §§ 120125 et seq., §§ 101025 et seq., §§ 101375 et seq., §§ 101450 et seq., and §§ 101275 et seq., Cal. Pub. Res. Code §§ 21050 et seq. (California Environmental Quality Act) and other relevant state authority, the City finds that the public's interest will be best served by certain Environmental Health Services and related Consumer Protection Programs within the jurisdiction of the city being enforced and administered through the Division of Environmental Health of the County of San Bernardino Public Health Department, except as may be specified in the following sections. The Director and designated Health Officers of the Division of Environmental Health are hereby authorized to enforce and administer within the City of Ontario all such state laws pertaining to environmental health, as well as all provisions of the City of Ontario Health and Safety Code and any incidental provisions necessary for the full and adequate enforcement of the provisions incorporated therein, as they relate to ambulances, food protection, dairies and dairy products, vector control and recreational health. For the purpose of providing regulations relating to public health and safety, providing for the issuance of permits and the collection of fees, providing remedies and penalties for the violation of such regulations, and providing any related requirements or assistance necessary to fully and adequately administer and enforce the Health and Safety Code of the City of Ontario in the City, the following portions of the County Code are hereby adopted by reference and made part of this chapter as though set forth in full: (a) Title 3, Division 1, Chapter 1 - Health Officer (§§ 31.011 et seq.) (b) Title 3, Division 1, Chapter 6 - Hearing Procedure (§§ 31.061 et seq.) (c) Title 3, Division 1, Chapter 8 - Ambulances (§§ 31.081 et seq.) (d) Title 3, Division 3, Chapter 1 - Authority and Administration (§§ 33011 et seq.) (e) Title 3, Division 3, Chapter 2 - Permits and Hearing Procedures (§§ 33.020 et seq.) (f) Title 3, Division 3, Chapter 4 - Food Protection (§§ 33.041 et seq.) (g) Title 3, Division 3, Chapter 5 - Dairies and Dairy Products (§§ 3.051 et seq.) (h) Title 3, Division 3, Chapter 9 - Insect, Rodent, and Other Vector Control (§§ 33.0901 et seq.) (i) Title 3, Division 3, Chapter 11 - Recreational Health (§§ 33.111 et seq.) One (1) copy of each of the Chapters of the County Code incorporated by reference is on file in the office of the City Clerk for public record and inspection. The City's adoption and incorporation by reference of those portions of the

County Code are subject to the amendments, additions and deletions set forth in this chapter. (§ 1, Ord. 1613, eff. September 16, 1965, as amended by § 1, Ord. 2642, eff. October 16, 1997)

City Code: Whenever the term “City Code” is used in this chapter, it shall refer to the City of Ontario Municipal Code. City Health and Safety Code: Those portions of the County Code incorporated by reference into this chapter, as well as this chapter itself, shall be known as the City Health and Safety Code. County Code: Whenever the term “County Code” is used in this chapter, it shall refer to the San Bernardino County Code. County or County of San Bernardino: Whenever the terms “County” or “County of San Bernardino” are used in the City Health and Safety Code, the terms “City” or “City of Ontario” shall be substituted therefor, unless the context otherwise requires for administration or enforcement purposes. Notwithstanding the foregoing, all permits shall be obtained from, and all fees and costs shall be paid to, the San Bernardino County Division of Environmental Health. Department of Environmental Health Services: Whenever the term “Department of Environmental Health Services” is used in the City Health and Safety Code, the term “Division of Environmental Health” shall be substituted therefor. (§ 2, Ord. 1613, eff. September 16, 1965, as amended by § 1, Ord. 2642, eff. October 16, 1997)

This City Health and Safety Code or any application of it to any person, firm, organization, partnership or corporation shall not be in conflict with any state or Federal laws, rules or regulations. If any provision or clause of the City Health and Safety Code, or the application thereof is held invalid, such invalidity shall not affect other provisions or applications of the City Health and Safety Code which can be given effect without the invalid provision or application. To this end, the provisions of the City Health and Safety Code are declared to be severable. (§ 3, Ord. 1613, eff. September 16, 1965, as amended by § 1, Ord. 2642, eff. October 16, 1997)

The provisions of the City Health and Safety Code, insofar as they are substantially the same as provisions of existing laws and ordinances relating to the same subject matter, shall be construed as restatements, continuations, and amendments thereof, and not as new enactments. (§ 4A through E, Ord. 1613, eff. September 16, 1965, as amended by § 1, Ord. 2642, eff. October 16, 1997)

The City and its officials, officers, employees and agents shall not be held liable for any act or omission of any person, including any employee or agent of the County of San Bernardino, when made in good faith reliance upon any state or federal law, rule or regulation, any ordinances and codes of the City or the County of San Bernardino, and upon current policies and procedures. The City and its officials, officers, employees and agents shall not be held liable for the negligence of, nor as the guarantor of proper performance by, any person or entity holding any license, permit, certificate, registration, privilege, or other entitlement from the City. (§ 4F and G, Ord. 1613, eff. September 16, 1965, as amended by § 1, Ord. 2642, eff. October 16, 1997)

The provisions of the City Health and Safety Code pertaining to Vector Control are amended as follows: (a) Article 4 of Chapter 9 of Division 3 of Title 3 of the County Code - San Bernardino County Vector Control Program (§§ 33.0941 et seq.) shall not apply to the area serviced by the West Valley Vector Control District. (b) The County will assign Vector Control personnel pursuant to any existing contract with the City of Ontario. (c) The County shall provide to the City quarterly reports, in a form and containing information acceptable to the City, outlining the progress of this program. (d) The County shall provide appropriate indemnity to the City, in a form and pursuant to terms acceptable to the City Attorney, covering the County's obligations under the City Health and Safety Code. (§ 4H through L, Ord. 1613, eff. September 16, 1965, as amended by § 1, Ord. 2642, eff. October 16, 1997)

It shall be unlawful for any person or entity to violate any provision of the City Health and Safety Code. Every act prohibited or declared unlawful by the City Health and Safety Code, as well as every failure to perform an act made mandatory by the City Health and Safety Code, is punishable as a misdemeanor, provided, however, that the City Attorney or citing officer may specify in the accusatory pleadings that it shall be an infraction whenever they shall determine that the interests of justice so require. Every person who causes, aids, abets or conceals a violation of the City Health and Safety Code is guilty of violating the City Health and Safety Code. Except as provided for herein, all violations of the City Health and Safety Code shall be prosecuted by the City pursuant to the terms and conditions of Chapter 2 of Title 1 of the City Code. (§ 4M, Ord. 1613, eff. September 16, 1965, as amended by § 1, Ord. 2642, eff. October 16, 1997)

(a) The City adopts, by reference, and makes a part of this chapter by reference, San Bernardino County Ordinance No. 3930, entitled: "An Ordinance of the County of San Bernardino, State of California, Adding Chapter 14 Division 3 of Title 3 and Adding Subsection 16.0213B (b)(17) to Chapter 2 of Division 6 of Title 1, All of the San Bernardino County Code Relating to Inspection Grading of Food Establishments." (b) The aforementioned sections of the San Bernardino County Code, adopted by San Bernardino County Ordinance No. 3930, are adopted as the Inspection Grading of Food Establishments Program of the City of Ontario. (§ 1, Ord. 2827, eff. May 4, 2006)

The County of San Bernardino Department of Environmental Health Services is designated as the enforcement agency for the City and is authorized to provide the qualified personnel necessary to enforce the provisions of this chapter. (§ 1, Ord. 2827, eff. May 4, 2006)

The schedule of fees contained within San Bernardino County Ordinance No. 3930, adopted herein, and as which may be modified in the future by the County, is hereby adopted as the fees in effect in the City, and shall be applicable within the City to provide for the administration and enforcement of this Chapter. The County of San Bernardino shall administer and collect these fees for deposit with the County Treasurer to offset the costs assumed by the County in administering and enforcing this program. (§ 1, Ord. 2827, eff. May 4, 2006)

Section 6-4.11. Violations; Penalty.

(a) In accordance with Section 33.1406(c) of the San Bernardino County Code, adopted by reference herein and applicable to this chapter, the letter grade card posted in accordance with the inspection and grading program shall not be defaced, marred, camouflaged, hidden or removed. It shall be unlawful to operate a food establishment unless the letter grade is posted. Removal of the letter grade card is a violation of this chapter and may result in the suspension or revocation of the Public Health Permit and shall be punishable as specified in Section 33.0112 of the San Bernardino County Code, which is adopted by reference herein and applicable to this chapter. (b) In addition, any violation of this section may be punishable in accordance with OMC Chapter 2, Title 1. (§ 1, Ord. 2827, eff. May 4, 2006)

CHAPTER 5: RESERVED

CHAPTER 5: RESERVED

CHAPTER 6: STORMWATER DRAINAGE SYSTEM

CHAPTER 6: STORMWATER DRAINAGE SYSTEM

Article 1. Authority, Purpose and Policy, Definitions 6-6.101 Authority 6-6.102 Purpose and objectives 6-6.103 Definitions Article 2. General Conditions and Prohibitions 6-6.201 Administration 6-6.202 Applicability 6-6.203 Notice 6-6.204 Connections 6-6.205 Protection of the storm drainage system 6-6.206 Prohibited discharges 6-6.207 Exceptions to the prohibited discharges 6-6.208 Compliance with best management practices (BMPs) 6-6.209 Affirmative defense 6-6.210 Spill containment 6-6.211 Immediate notification of accidental discharge 6-6.212 Written notification of accidental discharge 6-6.213 Authority to inspect Article 3. Residential Requirements 6-6.301 Prohibited discharges 6-6.302 Responsibility for illegal discharge of prohibited substances 6-6.303 Maintenance of private residential storm drainage systems Article 4. Industrial and Commercial Requirements 6-6.401 Non-stormwater discharges 6-6.402 General permit for stormwater discharges from industrial activities 6-6.403 Conditional category-notice of non-applicability 6-6.404 Best management practices (BMPs) Article 5. Construction Requirements 6-6.501 Stormwater quality management plan (SWQMP) 6-6.502 General permit for stormwater discharges from construction activity 6-6.503 Non-stormwater discharges 6-6.504 Non-stormwater discharge reporting requirements 6-6.505 Best management practices 6-6.506 WQMP transfer, access, and maintenance agreement Article 6. Administrative Enforcement Remedies 6-6.601 Notice of correction 6-6.602 Notice of violation 6-6.603 Administrative orders 6-6.604 Administrative hearing 6-6.605 Administrative civil penalties

6-6.606 Compensation for damages 6-6.607 Appeals 6-6.608 Violations deemed a public nuisance Article 7. Judicial Enforcement Remedies 6-6.701 Legal action 6-6.702 Civil penalties 6-6.703 Criminal prosecution 6-6.704 Falsifying information Article 8. Fees and Charges 6-6.801 Basic assessment unit 6-6.802 Stormwater pollution abatement charge 6-6.803 Business inspection fees Article 9. General Clauses 6-6.901 Severability 6-6.902 City's right of revision

Article 1. Authority, Purpose, Policy and Definitions