Rialto Municipal Code Ch. 8.04 Environmental Health Code

Pursuant to California Health and Safety Code Sections 480 et seq., 500 et seq., 1155.5, Title 17 of the California Administrative Code, and other relevant state law, for the protection of the environmental public health, the issuance of permits and collection of fees, and providing penalties and remedies for the violations of such regulations, there is adopted by the city of Rialto as its Environmental Health Code (EHC), that certain code known as "The Uniform Environmental Health Code," being Chapters 1 through 11, Division 3, Title 111 of the San Bernardino County Code, except as provided in Section 8.04.020 following. The City of Rialto designates the San Bernardino County Department of Environmental Health Services (DEHS) as the enforcement agency for the purpose of this Environmental Health Code and all state law pertaining to environmental health. Pursuant to California Government Code Section 50022.6, a copy of said code is on file in the office of the city clerk of the city of Rialto and the same is adopted and incorporated as fully as set out at length herein.

(Ord. 1007 § 3 (part), 1987).

The Environmental Health Code is amended, changed, or deleted as follows:

A. Chapter 7, Article 2, Underground storage of hazardous substances, is deleted.

B. Chapter 7, Article 4, Hazardous material disclosure, is deleted.

(Ord. 1007 § 3 (part), 1987).

A. It is unlawful for any person or entity to deny access, interfere with, prevent, restrict, obstruct or hinder the Department of Environmental Health Services' (DEHS) employees or agents acting within the scope of their duty or agency. Offering physical resistance or bodily attack upon authorized representatives of DEHS acting within the scope or their duty or agency is a misdemeanor, punishable by imprisonment in the County Jail for not less than ten days, without the alternative of a fine.

B. In addition to criminal prosecution, civil action, and every other remedy or penalty provided by law, public nuisance 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 herein or otherwise in the manner provided by law for the summary abatement of public nuisances.

C. Except where punishable as a misdemeanor or felony under state law or in this chapter, any person or entity who violates any provision of this Environmental Health Code (EHC) is guilty of an infraction and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars but not exeeding one hundred dollars for a first violation, a fine not exceeding two hundred dollars for a second conviction within one year, and a fine not exceeding five hundred dollars for the third conviction within one year; the fourth and additional convictions within one year shall be punishable as misdemeanors and shall be punished by a fine not less than two hundred fifty dollars nor more than one thousand dollars, or by imprisonment in the County Jail for a term not exceeding six months, or both; and such convicted person or entity may in the discretion of the court be adjudged, in additon 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.

D. Each day or portion thereof in violation shall be considered a separate and distinct offense. The owner, manager, and operator of every activity or facility subject to the jurisdiction of this 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 herein provided shall not relieve any person or entity from the responsibility of correcting the condition constituting the violation.

(Ord. 1007 § 3 (part), 1987).