San Diego Municipal Code Art. 1 Definitions — Authority and Procedure — Permits — Fees

It is the intent of the Council that this Chapter provide minimum health standards for the City of San Diego. (“Purpose and Intent” added 4–13–1965 by O–9194 N.S.)

The occupations, businesses and activities which are the subject of Article 2 of this Chapter are designated as “Health Regulated Businesses.” (Amended 2–10–1953 by O–5846 N.S.)

No person shall conduct, manage or operate a Health Regulated Business without a current health permit issued by the San Diego County Department of Environmental Health. A separate health permit shall be required for each establishment. Health permits shall not be transferable from one person to another or from one location to another. (Amended 3–7–1983 by O–15914 N.S.) (Amended 1-2-2013 by O-20229 N.S.; effective 2-1-2013.)

Ch. Art. Div. 4 1 0 4

San Diego Municipal Code Chapter 4: Health and Sanitation (1-2013)

Every applicant for a Health Permit shall file with the Health Department a written application which shall state the name and address of the applicant, a description of the property, its location, street and number wherein and whereon it is proposed to conduct the Health Regulated Business and such other information as the Health Department may require.

At the time of filing such application, the applicant shall pay to the Clerk designated by the Health Department the fee hereinafter established. (Amended 2–10–1953 by O–5846 N.S.)

Upon receipt of the application and fee, the Health Officer shall issue a Health Permit therefor if the Health Department’s investigation discloses that the facts set forth in such application are true, the health conditions in and about the place wherein and whereon it is proposed to conduct the Health Regulated Business and the business or activity itself conforms to the requirements of this Code, to the rules and regulations of the Health Department and to the requirements of any codes of the State of California and any regulations issued pursuant thereto pertaining to particular activities subject to regulation therein; that the activity shall not result in a violation of such codes and regulations, otherwise such Health Permit shall be denied, or, if previously issued, shall be suspended or revoked. (“Issuance of Health Permits— Suspension and Revocation” added 2–10–1953 by O–5846 N.S.)

The fee for the burial or removal permit required by Division 7, Part 1, Chapter VI of the Health and Safety Code of the State of California, shall be one dollar ($1.00). The fee shall not be collected under the following conditions:

(a) Where any provision of the Health and Safety Code requires the payment of
any other fee by the applicant for a burial or removal permit;

(b) Where the permit is required for the burial or removal of a body of a member
of the Armed Forces of the United States who shall have died while serving in
the Armed Forces beyond the continental limits of the United States or on
foreign soil;

(c) Where the cost of burial or removal of a body has been paid or will be paid by
the State of California, or any political subdivision thereof.
(Amended 2–10–1953 by O–5486 N.S.)
Ch. Art. Div.
4 1 0 5

San Diego Municipal Code Chapter 4: Health and Sanitation (1-2013)

The Health Department shall provide such rules and regulations for any subject regulated in this chapter as shall be necessary to prevent such from becoming a nuisance or in any way affecting the peace, health or safety of residents of The City of San Diego. (“Rules and Regulations — Authority” renumbered from Sec. 41.12 on 5–11–1954 by O–6103 N.S.)

The Health Officer shall enforce the provisions of this Chapter and inspect the activities regulated. No person shall resist, obstruct or delay the Health Officer in the performance of his duties.

When inspection of vending machines by the Health Officer is required under the provisions of this Chapter, the owner, operator or manager thereof, or his duly appointed agent, shall be present at the time and place specified by the Health Officer for such inspection. (Amended 4–13–1965 by O–9194 N.S.)

Any establishment or activity which is found by the Health Officer to be unsanitary or a menace to the public health or which is a violation of this Chapter, is declared to be a public nuisance. The Health Officer is authorized and empowered to take such action as is provided in the laws of the State of California and in the San Diego Municipal Code. In the event that immediate and emergency action is necessary to preserve the public health or safety, the Health Officer is authorized and empowered to summarily abate such nuisance by any reasonable means. (Amended 9–1–1959 by O–8164 N.S.)

No person who has contracted or is afflicted with a communicable disease transmissible either directly or through food or drink to other persons, or who is known or suspected to be a carrier of organisms causing communicable disease, or who is suffering from an infection transmissible to other persons, or who has come in contact with such persons, shall work in any Health Regulated Business. (Amended 4–13–1965 by O–9194 N.S.)

Ch. Art. Div. 4 1 0 6

San Diego Municipal Code Chapter 4: Health and Sanitation (1-2013)

Establishments infested with rodents, roaches, ants, or other vermin or pests are declared to be a public nuisance. When it appears to the Health Officer that a public nuisance exists, written notice to abate same shall be sent by certified mail to the person owning, operating or managing the establishment. Failure to comply with such notice within thirty (30) days from the date of mailing is a misdemeanor and the Health Officer shall close such establishments until abatement of the nuisance. (“Vermin Infestation” added 4–13–1965 by O–9194 N.S.)

Ch. Art. Div.
4 1 0 7

San Diego Municipal Code Chapter 4: Health and Sanitation (1-2013)

Article 1: Definitions — Authority and Procedure — Permits — Fees