Part 3 — Authority to Inspect and Enforce

(a) The Director shall have the authority to inspect inside and outside of private and public food facilities, sites, property, structures, equipment, and drainage systems associated with food facilities, whether existing or under construction, whenever necessary to ensure and confirm compliance with this chapter and applicable state, regional, and city regulations.

(b) The Director shall be authorized to enter, without unreasonable delay, any premises subject to the requirements of this chapter to conduct inspections and monitoring to assure compliance with this chapter and applicable state, regional, and city regulations. An inspection fee shall be charged for each inspection at the amount listed in the city’s adopted municipal fee schedule.

(c) In the event the owner or occupant of the premises refuses entry after a request to enter and inspect the premises has been made, the city is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

(Ord. 5672 § 2 (part), 2025)

(a) Enforcement. The Director shall have primary responsibility for enforcement of this chapter. The Director is authorized to take all actions reasonable and necessary to enforce this chapter and any regulations developed as required hereunder. Violations of this chapter may be enforced as allowed by Title 1 of the Palo Alto Municipal Code. The Director is authorized to exercise the authority provided in the California Penal Code Section 836.5.

(b) The Director may require any food facility or person deemed to have violated this chapter to take any or all of the following actions:

(1) Ensure that the pollution be remediated and the affected private and city property and infrastructure, as relevant, be restored within a

specified time. The responsible party shall also be responsible for cleanup or reimbursement of cleanup costs incurred by the city for cleanup

activities associated with any discharges that have entered the city’s right-of-way, storm drain and/or sanitary sewer systems.

(2) Implement applicable BMPs to protect the storm drain system, sanitary sewer system, and receiving waters to address pollutant sources,

including but not limited to, outdoor waste oil storage and disposal areas; outdoor refuse management areas; outdoor parking areas and access roads; outdoor areas used by customers and employees; outdoor wash areas; outdoor drainage from indoor areas; rooftop equipment; grease control devices and associated plumbing connections; private laterals; and other sources that have a reasonable potential to contribute to pollution.

(3) Install structural retrofit BMPs to address noncompliance of this chapter. These projects shall be approved by the Director and may require a

planning entitlement or building permit approval from the city.

(c) The Director shall implement a Stormwater Enforcement Response Plan to facilitate timely and effective compliance with the requirements of this chapter. The Enforcement Response Plan shall contain, at a minimum, the following:

(1) Enforcement procedures;

(2) Enforcement tools and scenarios;

(3) Procedures for timely correction of potential and actual discharges; and

(4) Procedures for referral and coordination with other agencies.

(d) The remedies established in this section are not exclusive. In addition to any other remedies allowed under the Palo Alto Municipal Code, violations may be subject to penalties established by resolution of the Council or any other enforcement mechanism allowed by law.

(Ord. 5672 § 2 (part), 2025)

The city may adopt reasonable fees and charges for reimbursement of costs of administering and enforcing this chapter.

(Ord. 5672 § 2 (part), 2025)