Redlands Municipal Code Ch. 8.02 Uniform Environmental Health Code

Pursuant to sections 480 et seq., 500 et seq., and 1155.5 of the California Health and Safety Code, title 17 of the California Administrative Code, and other relevant state law, for the protection of the environmental public health, there is adopted by the city of Redlands that certain code known as the uniform environmental health code, consisting of title 3, division 3, chapters 1 through 11 of the San Bernardino County code. Pursuant to California Government Code section 50022.6, a copy of such code is on file in the office of the city clerk and, except as provided in section 8.02.020 of this chapter, the same is adopted and incorporated as fully as if set out at length in this chapter. (Ord. 2013 § 1, 1988)

Portions of the uniform environmental health code are deleted as follows:

All of chapter 3, "Public Nuisance Abatement", is deleted.

• Chapter 8, article 1, "Refuse Storage" is deleted.

• Chapter 8, article 2, "Refuse Collection" is deleted.

• Chapter 8, article 4, "Sewage Holding Tanks" is deleted.

• Chapter 8, article 7, "Operation Of Multiple Ownership Septic Systems" is deleted. (Ord. 2013 § 1, 1988)

The city council designates the San Bernardino County department of environmental health services (DEHS) as the enforcement agency for the purpose of administering the uniform environmental health code and all state laws pertaining to environmental health. It shall be unlawful for any person or entity to deny access to, interfere with, prevent, restrict, obstruct or hinder any DEHS employee or agent acting within the scope of his duty or agency. Any person who offers any physical resistance to any authorized representative of DEHS acting within the scope of his duty or agency is guilty of a misdemeanor punishable by imprisonment in the county jail for not less than ten (10) days, without the alternative of a fine. (Ord. 2013 § 1, 1988)

Except as otherwise specified in this section or under the provisions of any state law, any person or entity who violates any provision of the uniform environmental health code shall be guilty of an infraction and upon conviction thereof shall be punished by a fine of not less than twenty five dollars ($25.00) but not exceeding one hundred dollars ($100.00) for a first conviction, a fine not exceeding two hundred dollars ($200.00) for any second conviction within the same year, and a fine not exceeding five hundred dollars ($500.00) for any third conviction within the same year. Any fourth or subsequent conviction within the same year shall be a misdemeanor and shall be punishable by a fine of not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a term not exceeding six (6) months, or both, and such convicted person or entity may in the discretion of the court be adjudged, in addition to the above penalties, to be liable to DEHS for all necessary costs incurred in investigation, discovery, analysis, inspection, cleanup and other actual costs incurred by DEHS or its agents pertaining to the violation. As used in this section, the term "year" means any consecutive twelve (12) month period.

Each day or portion thereof during which a violation of the uniform environmental health code is committed or continued shall be considered a separate and distinct offense. The owner, manager and operator of every activity or facility subject to the provisions of the uniform environmental health code shall be responsible for any violation by any employee of any of its provisions. Payment of any penalty or serving any term of imprisonment as provided in this chapter shall not relieve any person or entity from the responsibility of correcting the condition constituting the violation.

In addition to criminal prosecution, civil action, and every other remedy or penalty provided by law, a public nuisance as defined in the uniform environmental health code may be abated or enjoined in an action brought by DEHS, or under circumstances immediately dangerous to public health or safety may be summarily abated by DEHS enforcement officers as provided in the uniform environmental health code or otherwise in the manner provided by law for the summary abatement of public nuisances. (Ord. 2013 § 1, 1988)

In the event of a conflict between any of the provisions of the uniform environmental health code and any other provision of this code, the provisions of the uniform environmental health code shall prevail. The provisions of the uniform environmental health code, insofar as they are substantially the same as provisions of existing laws and ordinances of the city of Redlands shall be construed as restatements, continuations and amendments thereof, and not as new enactments. (Ord. 2013 § 1, 1988)