San Bernardino Municipal Code Ch. 8.01 Environmental Health Code (“ehc”)

Pursuant to Cal. Health and Safety Code, §§ 101025 et seq., 101275 et seq., 101310, 101375 et seq., 101450 et seq. and 120125 et seq.; Cal. Public Resources Code, §§ 21050 et seq. (Environmental Quality Act of 1970); Title 17 of the Cal. Code of Regulations; 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 violation of such regulations, there is adopted by the city, as its Environmental Health Code, that certain code known as the Uniform Environmental Health Code, being Chapters 1 through 11, Division 3, Title III of the San Bernardino County Code, except as provided in § 8.01.020. This code also specifically adopts the “Regulatory References for Underground Storage Tanks,” including Cal. Code of Regulations, Title 23, Division 3, Chapter 16, Article 7, §§ 2670 through 2671; Cal. Health and Safety Code, § 25298; and San Bernardino County Code, Title 2, Division 3, Article 2, §§ 23.07210 through 23.07213. The city designates both the city, and any employee thereof, and the County Department of Environmental Health Services (“DEHS”) as the enforcement agencies for the purpose of this Environmental Health Code and all state law pertaining to environmental health. Pursuant to Cal. Gov’t Code, § 50022.6, a copy of said code is on file in the office of the City Clerk and the same is adopted and incorporated as fully as if set out at length herein.

(Ord. MC-613, passed 12-21-1987; Ord. MC-1545, passed 10-7-2020)

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

(A) Chapter 8 - Article 1 - “Refuse Storage” is deleted.

(B) Chapter 8 - Article 2 - “Refuse Collection” is deleted.

(C) Chapter 8 - Article 6 - “Designated Maintenance Areas” is deleted.

(Ord. MC-613, passed 12-21-1987)

(A) It shall be unlawful for any person or entity to deny access, interfere with, prevent, restrict, obstruct or hinder either the city or the Department of Environmental Health Services’ (“DEHS”) employees or agents acting within the scope of their duty or agency. It shall be unlawful for any person to fail to identify oneself upon lawful request by either the city or 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 representative of the city or DEHS acting within the scope of his or her 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 either the city or DEHS, or under circumstances immediately dangerous to public health or safety, may be summarily abated by either the city or 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 herein, any person or entity who violates any provision of this Environmental Health Code (“EHC”) shall be guilty of an infraction and, upon conviction thereof, shall be punished by a fine of not less than $25 but not exceeding $100 for a first violation, a fine not exceeding $200 for a second conviction within one year and a fine not exceeding $500 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 $250 nor more than $1,000, 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 addition to the above penalties, to be liable to the city and/or DEHS for all necessary costs incurred in investigation, discovery, analysis, inspection, clean-up and other actual costs incurred by the city and/or 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 EHC 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.

(E) Unless otherwise stated in this chapter, any violation of this chapter may be prosecuted by the City Attorney and be punishable as an infraction or a misdemeanor in accordance with Chapter 1.12.

(Ord. MC-613, passed 12-21-1987; Ord. MC-1545, passed 10-7-2020)