San Luis Obispo County Municipal Code Ch. 8.06 Permit Fees and Plan Approval for Environmental Health Regulated Activities

The health officer and the environmental health services division of the public health department shall enforce the regulations adopted in this chapter. The director is the director of the environmental health services division.

(Ord. No. 3468, § 19, 4-5-22)

When a building permit is required to construct, convert, alter or remodel a retail food facility, public swimming pool, organized camp, small water system, underground storage tank, or a body art facility, three sets of plans drawn to scale and accompanied by a complete set of schedules and specifications shall be submitted to the health officer and the environmental health services division. A building permit shall not be issued until the health officer or her/his duly authorized representative and the environmental health services division have approved the plans for retail food facilities or public swimming pools.

(Ord. 1962 § 1 (part), 1979)

(Ord. No. 3468, § 20, 4-5-22)

All plans submitted pursuant to Section 8.06.010 shall be accompanied by payment of the plan check fees, as established by resolution of the board of supervisors.

(Ord. 1962 § 1 (part), 1979)

A penalty, as established by resolution of the board of supervisors, shall be added to the applicable fee for failure to submit plans prior to initiating work on a project requiring construction plans.

(Ord. 1962 § 1 (part), 1979)

(Ord. No. 3468, § 21, 4-5-22)

Whenever any construction work is being performed without the prior approval of the plans by the health officer or her/his duly authorized representative or contrary to the health officer's or her/his duly authorized representative's approved plans, the health officer or her/his duly authorized representative may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the health officer or her/his duly authorized representative to proceed.

(Ord. 1962 § 1 (part), 1979)

(Ord. No. 3468, § 22, 4-5-22)

The wilful violation of the written stop work order is punishable as a misdemeanor.

(Ord. 1962 § 1 (part), 1979)

(a) It is unlawful for a food facility, organized camp, public swimming pool, sewage pumping vehicle, solid waste collection vehicle, unified program facility, small water system, body art facility or other environmental health regulated business or facility to operate or otherwise be open for business without a valid permit which has not been suspended or revoked. The environmental health services division shall investigate and the health officer or her/his duly authorized representative shall issue such permit when the place of business conforms to the laws of the State of California, and the provisions contained herein including the payment of all applicable fees.

(b) A separate permit shall be required for each place of business, concession, or vehicle used by permittee.

(c) A permit or license is not transferable from one person or one place to another and shall be deemed voided if removed from the place or location specified in the written application and in the permit.

(Ord. No. 3468, § 23, 4-5-22)

Every applicant for a permit, license or registration required by the environmental health services division shall file a written application on a form prescribed by said division. The application shall state the name and address of the applicant, the description of the property by street and number wherein or whereon it is proposed to conduct the business or activity for which the permit or license is required, the nature of the permit or license for which application is made, the character of the business or activity proposed to be conducted and any other information as the environmental health services division may require.

(Ord. No. 3468, § 23, 4-5-22)

Every person applying for a permit, license or registration for a food facility, organized camp, public swimming pool, sewage pumping vehicle, solid waste collection vehicle, unified program facility, small water system, body art facility or other environmental health regulated business or facility for which an annual or one time permit, license or registration is required by state law or regulation or under the provisions of this code and issued by the health officer or her/his duly authorized representative shall at the time of making application for the permit, license or registration pay the permit, license or registration fees, as set forth by resolution of the board of supervisors.

(Ord. No. 3468, § 23, 4-5-22)

A permit, license, or registration issued pursuant to Chapter 8.06 shall expire on the last day of each year and shall be renewed annually by payment of the annual permit fee to the environmental health services division, which fee shall be established by resolution of the board of supervisors, and due and payable each year by the expiration date of the permit.

(Ord. No. 3468, § 23, 4-5-22)

(a) Any fee which is not paid by the annual permit expiration date, or for invoiced fees other than annual permits, thirty days from the invoice date, is delinquent.

(b) In any case where a fee is delinquent, a late payment fee established by resolution of the board of supervisors shall be added to and collected with the required fee.

(c) The imposition of or payment of the late fee imposed by this section shall not prevent the imposition of any other penalty prescribed by this code or any ordinance nor prosecution for violation of this code or any ordinance.

(d) The late payment fee may be waived by the health officer or her/his duly authorized representative in case of error made by environmental health services division staff or in case of circumstances beyond the control of the applicant.

(Ord. No. 3468, § 23, 4-5-22)

The fee for each permit, plan review, license or registration issued, or investigation performed pursuant to the provisions of this chapter is set forth annually by resolution of the board of supervisors.

(Ord. No. 3468, § 23, 4-5-22)

The health officer or her/his duly authorized representative may authorize the refunding of any environmental health services fee for the most recent permit fee cycle, which was erroneously paid or collected when no fee was due.

(Ord. No. 3468, § 23, 4-5-22)

(a) Hazardous incident response team expenses and costs and the costs of emergency response services incurred by the environmental health services division may be recovered by the health officer or her/his duly authorized representative.

(b) The county may recover the cost of enforcement activities when they are not otherwise regulated by a permit as a health regulated business. The county may also recover any reasonable costs that it may incur in connection with the collection of such fees. The fee may be assessed when the health officer or her/his duly authorized representative has issued an official inspection report requiring correction of a condition found to exist.

(c) The responsible person or entity may appeal the total amount of cost recovery or any portion thereof pursuant to the hearing and appellate process outlined in Section 8.06.095.

(Ord. No. 3468, § 23, 4-5-22)

(a) A hearing may be requested within fifteen days after receiving: (1) notice of denial, suspension or revocation of a permit; (2) notice of temporary closure due to an imminent health hazard or suspension or revocation of a permit; or (3) notice of an invoice for cost recovery pursuant to Section 8.06.090. The Director shall schedule a hearing within fifteen days of receiving the request for hearing. The hearing officer shall be an environmental health services division employee at the supervisor level or higher who was not involved in the underlying decision being appealed.

(b) Within fifteen days of receiving notice of the hearing officer's decision, an appeal hearing may be requested before the health officer. The environmental health services division must schedule this appeal hearing within fifteen days of receiving the appellant's request to appeal. Filing a request to appeal shall stay the decision of the hearing officer, except in cases regarding pool closure.

(c) Upon receiving notice of the health officer's decision, the appellant may seek a final appeal hearing by filing written notice of final appeal, including the basis for appeal, with the director within fifteen days of receiving notice of the health officer's decision. The director shall schedule a final appeal hearing within thirty days of receipt of the notice of final appeal. The director shall send, by certified mail, notice to the appellant of the date, time and location of the appeal hearing at least seven days before the appeal hearing date. The director shall select a hearing officer not employed by the San Luis Obispo County Health Agency to preside over the appeal hearing. Filing a notice of final appeal shall continue to stay the decision of the environmental health services division hearing officer, unless the health officer determined that an imminent health hazard required closure of the facility. Cases regarding pool closure shall not be stayed.

(d) At all hearings described by this Section 8.06.095, the parties and their authorized representative may present such facts and evidence, and written or oral arguments as is necessary and appropriate. The standard of proof shall be preponderance of the evidence.

(e) For all hearings described by this Section 8.06.095, the hearing officer shall issue a written decision within fourteen days of the hearing. The hearing officer's written decision for the final appeal hearing shall advise of the right to appeal the written decision pursuant to California Government Code section 53069.4(b) within twenty days from the date of service of the final written decision and shall advise of the alternative method to seek judicial review pursuant to California Code of Civil Procedure section 1094.5 within ninety days from the issuance of the written decision.

(Ord. No. 3468, § 23, 4-5-22)