Chapter 5.64 — FEES FOR ENFORCEMENT OF STATE PUBLIC HEALTH LAWS

The Board of Supervisors of the County of San Mateo does hereby find and declare as follows:

(a)

That the expenses incurred by the County Health Officer in the enforcement of certain statutes, orders, quarantines, rules and/or regulations prescribed by state officers or departments relating to public health are not met by any fees prescribed by the State;

(b)

That the expenses incurred by the County Health Officer in the enforcement of said statutes, orders, quarantines, rules or regulations and in providing certain other related services are reasonable and necessary therefore; and

(c)

That the Board of Supervisors shall, by resolution, establish fees which reflect the expenses of the County Health Officer for such enforcement and in providing such services.

(d)

Section 510 of the California Health and Safety Code grants authority to the County to prescribe, by resolution, fees that will pay the reasonable expenses of the Health Officer or officers or employees incurred in the enforcement of such statute, order, quarantine, rule or regulations prescribed by a State Officer or department relating to public health which requires or authorizes the County Health Officer or County officers or employees to perform specified acts.

(Prior code § 5521.1; Ord. 2324, 07/08/75; Ord. 2514, 06/20/78; Ord. 3004, 07/24/84; Ord. 3009, 09/04/84)

The fees which are established by resolution pursuant to the authority of this chapter and Section 510 of the Health and Safety Code apply to any business or activity as defined in Section 5.64.050 of this chapter and to any other business or activity as to which the County Health Officer or other County Officer or employee are charged with the responsibility of enforcing any statute, order, quarantine, rule or regulation

relating to public health which are within the geographic area in which the County Health Officer is responsible for enforcing State statutes, orders, quarantines, rules or regulations relating to the public health and to any property alteration or use, as defined in Section 5.64.090 of this chapter, which occurs in the unincorporated area of the County.

(Prior code § 5521.3; Ord. 2324, 07/08/75; Ord. 2514, 06/20/78; Ord. 3004, 07/24/84)

The Environmental Health Services Division of the Health System shall be responsible for business inspection and collection of fees.

(Prior code § 5521.4; Ord. 2324, 07/08/75; Ord. 2514, 06/20/78; Ord. 2636, 03/11/80; Ord. 3004, 07/24/84; Ord. 3357, 1/7/92; Ord. 3686, 11/14/95; Ord. 3849, 8/4/98; Ord. 4438, 09/09/08)

"County Health Officer" shall be the person appointed by the San Mateo County Board of Supervisors pursuant to Sections 451 and 454 of the California Health and Safety Code or his duly authorized representative.

(Prior code § 5521.5; Ord. 2514, 06/20/78; Ord. 3004, 07/24/84)

(a)

Apartment House. The term "apartment house" shall include all dwellings classified as "apartment houses" for purposes of part 1.5 of division 13 of the California Health and Safety Code, except that for fee purposes only such buildings with four or more dwelling units on a parcel of land shall be required to pay the listed fees. The term "complex" shall mean apartment buildings located on continuous parcels of land owned by the same person, firm or corporation.

(b)

Backflow Prevention Device Tester. The term "back-flow prevention device tester" shall mean a person who is certified by the County Health Officer in writing as competent to test backflow prevention devices.

(c)

Chemical Toilet Agency. The term "chemical toilet agency" shall include all companies which install, lease, rent or service chemical toilets.

(d)

Cross Connection. The term "cross connection" shall have that meaning defined in Section 7583(e) of title XVII of the California Administrative Code. To paraphrase that definition, it is any physical connection or arrangement between two otherwise separate piping systems, one of which contains potable water and the other water of unknown or questionable safety, whereby water may flow from one system to the other, the direction of flow depending on the pressure differential between the two systems.

(e)

Food Facility. The term "food facility" shall have the same meaning as that defined in Section 113789 of the California Health and Safety Code.

(f)

Hot Tub. The term "hot tub" shall include all tubs constructed of wood, fiberglass, plastic, or Acrylic, containing a device to circulate hot water, designed for emergence of human beings and open on a regular basis to the public.

(g)

Hotel. The term "hotel" shall include all dwellings classified as "hotels" for purposes of part 1.5 of division 13 of the California Health and Safety Code.

(h)

Licensed Health Facility. The term "Licensed health facility" shall include hospitals as defined in California Health and Safety Code, Chapter one, Division II, and "skilled nursing facilities" as defined in California Health and Safety Code, Chapter Two, Division II, and authorized by Title XXII, Section 66835.

(i)

Massage Business. The term "massage business" shall include the businesses defined in Section 5.44.020.

(j)

Medical Waste. The term "medical waste" shall have the meaning defined in Section 25023.2 of the California Health and Safety Code.

(k)

Mobilehome Park. The term "mobilehome park" shall have the meaning as that defined in Section 18300 of the California Health and Safety Code.

(l)

Mobile Food Facility. The term "mobile food facility" shall have the meaning defined in Section 113831 of the California Health and Safety Code.

(m)

Motel. The term "motel" shall include all dwellings classified as "motels" for purposes of part 1.5 of division 13 of the California Health and Safety Code.

(n)

Organized Camp. The term "organized camp" shall have the same meaning as that defined in Section 18897 of the California Health and Safety Code.

(o)

Public Swimming Area. The term "public swimming area" shall include all "public swimming pools" as defined in Section 24100 of the California Health and Safety Code.

(p)

Risk Category. Risk Category shall be the same meaning as that defined in the FDA Food Code.

(q)

Rodent Bait Stations. The term "rodent bait station" shall mean a designated location where a specified quantity of rodenticide is placed and maintained under the direction of the County Health Officer for the purpose of controlling rodents. The term shall include, but not be limited to, designated areas of municipal sanitary and storm sewer systems, natural drainage creeks, tidelands, solid waste disposal sites, wastewater treatment plants, and other locations determined by the Health Officer to require rodent baiting.

(r)

Septic Tank, Cesspool, Chemical Toilet, and Sewage Seepage Pit Cleaning and Pumping Vehicle. The term "septic tank, cesspool, chemical toilet and sewage seepage pit cleaning and pumping vehicle" includes all vehicles to which Chapter 6 of Division 20 of the California Health and Safety Code applies and which are used for cleaning and pumping waste material from septic tanks, cesspools, chemical toilets, and sewage seepage pits.

(s)

Small Water System. The term "small water system" shall include all "public water systems" as defined in Section 4010.1. (e) of the California Health and Safety Code which have fewer than 200 service connections.

(t)

Subfacility. The term "subfacility" shall be defined as an additional preparation area within a food facility that is owned and operated under the same owner as the food facility. The space and equipment within the additional preparation area are adequate for proper operation of a food facility, including storage, preparation and cleaning and the additional preparation area can operate in compliance with the California Retail Food Code.

(u)

Vending Machine. The term "vending machine" shall have the same meaning as that defined in Section 113938 of the California Health and Safety Code.

(v)

Unless otherwise defined in this section, the terms used in this chapter shall have the same meanings as given those terms in Chapter 6.5 of the Health and Safety Code, and Title 22 of the California Code of

Regulations as it relates to any person engaged in the producing, handling, storing, treating or disposal of hazardous waste.

(Ord. No. 04657, § 1, 5-7-2013)

Editor's note— Ord. No. 04657, § 1, adopted May 7, 2013, repealed the former § 5.64.050, and enacted a new § 5.64.050 as set out herein. The former § 5.64.050 pertained to similar subject matter and derived from prior code § 5522.1; Ord. No. 2324, adopted July 8, 1975; Ord. No. 2514, adopted June 20, 1978; Ord. No. 2524, adopted July 25, 1978; Ord. No. 2546, adopted November 28, 1978; Ord. No. 2738, adopted July 14, 1981; Ord. No. 3004, adopted July 24, 1984; Ord. No. 3267, adopted September 25, 1990; Ord. No. 3357, adopted January 7, 1992; Ord. No. 3527, adopted December 14, 1993 and Ord. No. 04601, adopted January 31, 2012.

(a)

Generally, any person who conducts or engages in a business or activity as defined in Section 5.64.050 of this chapter, which business or activity is within the geographical area under the jurisdiction of the County Health Officer, shall be liable to pay the Environmental Health inspection fee established by resolution or ordinance of the Board of Supervisors for that business or activity within thirty (30) days from the date of billing therefore. Such fee shall be payable annually and shall cover a period of one (1) year from the date of payment, unless otherwise specified by the County Health Officer.

(b)

Closing or Termination of Business. The County Health Officer may, in the case of closing or termination of a business, refund not to exceed 50% of the fee when the activity was in business for less than six (6) months of the billing year.

(c)

Seasonal Businesses. A seasonal activity which is in business for six (6) months or less shall be obligated to pay 50% of the fee.

(d)

Reinspection Fee. A reinspection is any activity which occurs after a second inspection of a facility, where initial violations are not corrected and the third inspection is required to correct violations. In these cases, a reinspection fee shall be charged for the inspection as well as subsequent reinspection activities as required to correct violations documented by the division. Reinspection fees apply to facilities exempt from annual fees per Section 5.64.060(e) below.

(e)

Exemptions from Annual Fees. The following shall be exempt from payment of annual fees imposed by this chapter:

(1)

Any business or activity operated by a blind person who has a certificate issued by the Bureau of Vocational Rehabilitation of the State of California.

(2)

Any business or activity defined in Section 5.64.050, owned and operated for charitable purposes where no person benefits through the distribution of profits or other compensation.

(3)

The Director of Environmental Health may exempt a facility from payment of certain annual fees as follows:

(i)

If the facility accepts public drop-off of sharps the Director of Environmental Health may exempt it from the Limited Medical Waste Hauler Exemption fee.

(ii)

If the facility collects used oil or used oil filters as a County/State sanctioned public Used Oil Drop Off Center the Director may exempt it from applicable hazardous waste generator fees.

(iii)

If the facility is a San Mateo County facility in the same budget unit as the Environmental Health Division.

(4)

The exemptions contained in subsections (e)(1), (e)(2) and (e)(3) do not apply to fees associated with permit Application fees, plan check fees or reinspection fees.

(f)

Exemptions for Farm Labor Housing and Employee Housing. Individuals and entities providing farm labor housing or employee housing may qualify for an exemption from certain fees as follows:

(1)

To be eligible for the exemptions contained in this subsection (f), an Applicant must either be permitted, or have applied and been found to meet the criteria for a permit as Farm Labor Housing or Employee Housing, by the Planning and Building Department or Division of Environmental Health, respectively.

(2)

Eligible Applicants under subsection (f) are exempt from all of the fees listed in Section 5.64.070 under the heading "Land Use Program", with the exception of the Exotic Animal and Confined Animal Inspection Per Hour fees.

(3)

Eligible Applicants under subsection (f) are exempt from all of the fees listed in Section 5.64.070 under the heading "Water Well Program" except those fees specifically described as an "Annual Fee."

(4)

An Application for an exemption shall be made to the Environmental Health Director in writing.

(5)

Farm Labor Housing and Employee Housing are not exempt from any other fees not specifically identified in this subsection (f).

(6)

The purpose of this subsection (f) is to encourage provision of quality housing for persons working in the agricultural industry and their families.

(g)

Returned Checks. A service charge of $25.00 will be added to and become part of any underlying obligation for any returned check.

(h)

Any person may appeal the amount of the fee, in writing, to the Director of Environmental Health who shall determine the correctness of the amount of the fee assessed.

(i)

Acting as a Unified Program Agency. In addition, any person who is required by the Environmental Health Division of the San Mateo County Health System, while it is acting as a Unified Program Agency, to take corrective action to address a release of hazardous waste or hazardous constituents at or from a hazardous waste facility or site, shall also be required to reimburse the County for the County's costs incurred related to overseeing the corrective action at the rates contained in the schedule set forth in Section 5.64.070.

(Ord. No. 04657, § 2, 5-7-2013; Ord. No. 04693, § 1, 4-8-2014; Ord. No. 4901, § 5, 12-10-2024)

Editor's note— Ord. No. 04657, § 2, adopted May 7, 2013, repealed the former § 5.64.060, and enacted a new § 5.64.060 as set out herein. The former § 5.64.060 pertained to similar subject matter and derived from Ord. No. 04616, adopted May 8, 2012.

Environmental Health fees shall be charged annually for activities for which the County Health Officer or other County officer or employee is charged with the responsibility of enforcing any statute, order, quarantine, rule or regulation prescribed by state officer or department relating to the public health, which either requires or authorizes the County Health Officer or other County officer or employee to perform specified acts.

The fee shall also be charged upon review of plans for new construction, renovation or remodeling of food facilities, mobile food facilities, organized camps, public swimming areas, hot tubs, wells and septic tanks, vector control abatement, medical and solid waste, hazardous material storage, hazardous waste generators, underground storage tanks, above ground storage tanks and land use development.

Environmental Health Fees shall be charged as approved by resolution or ordinance of the Board of Supervisors, including any automatic adjustments approved by such resolution or ordinance, and may be amended from time to time. Any reference in the San Mateo County Ordinance Code to fees or rates listed in this Section shall be read to refer to fees established by resolution or ordinance by the Board of Supervisors pursuant to this Section.

(Ord. No. 04657, § 3, 5-7-2013; Ord. No. 04739, § 1, 6-16-2015; Ord. No. 04871, § 1, 11-1-2022; Ord. No. 04879, § 1, 5-23-2023; Ord. No. 04882, § 1, 9-26-2023; Ord. No. 4901, § 6, 12-10-2024)

Editor's note— Ord. No. 04657, § 3, adopted May 7, 2013, repealed the former § 5.64.070, and enacted a new § 5.64.070 as set out herein. The former § 5.64.070 pertained to similar subject matter and derived from Ord. No. 04616, adopted May 8, 2012.

If a fee is paid under this chapter by a partnership which subsequently is changed by the addition or reduction of partners, credit for the payment of said fee may be given to the new partnership upon Application for such credit accompanied by payment of a transfer fee of $25.00 (twenty-five dollars) to the Environmental Health Division of the San Mateo County Health System.

(Prior code § 5522.5; Ord. 2514, 06/20/78; Ord. 3267, 09/25/90; Ord. 4438, 09/09/08)

The term "alteration or use of real property" as used in this chapter shall mean any change in the use of real property or continuation of the existing use of real property where such change in, or continuation of, the use requires specific written approval, whether in the form of a permit or otherwise, by the San Mateo County Planning Division, Zoning Hearing Officer, or Office of Environmental Health. The term shall include, but not be limited to, major land divisions, minor land divisions, lot line adjustments, zoning changes, activities requiring variances or use permits, timber harvesting, maintenance of kennels and stables, grading, and moving of buildings.

(Prior code § 5523.1; Ord. 2324, 07/08/75; Ord. 2514, 06/20/78)

The term "major land division" includes any land division comprised of five (5) or more parcels.

(Prior code § 5523.2; Ord. 2324, 07/08/75; Ord. 2389, 09/07/76; Ord. 2514, 06/20/78)

The term "minor land division" includes any land division under five (5) parcels.

(Prior code § 5523.3; Ord. 2324, 07/08/75; Ord. 2514, 06/20/78)

The term "lot line adjustment" means any minor boundary change between contiguous parcels of property agreed upon by the owners thereof.

(Prior code § 5523.4; Ord. 2324, 07/08/75; Ord. 2514, 06/20/78)

Any person who makes an alteration or use of real property as defined in Section 5.64.090 shall be liable to pay the fees that are established by resolution of the Board of Supervisors. Said fee shall be payable within thirty days said person files for such alteration or use. Said fee shall be in addition to any permit or other fee required under this code or under any statute, rule, or regulation for such alteration or use.

(Prior code § 5523.5; Ord. 2324, 07/08/75; Ord. 2514, 06/20/78; Ord. 3004, 07/24/84)

Businesses and activities which require either special non-routine inspections, seasonal surveillance, or particular services to enforce state statutes, orders, quarantines, rules, or regulations relating to public health shall be liable for field inspection fees. Such businesses and activities shall include, but not be limited to, those set out in Section 5.64.050. They shall also include, but not be limited to, ocean beach sanitation, Application of sewage sludge to agricultural land, and intensive inspection of special events.

(Prior code § 5524.1; Ord. 2324, 07/08/75; Ord. 2514, 06/20/78)

An hourly fee shall be charged for services rendered pursuant to Section 5.64.140. This fee shall be called "Special Services Per Hours" and the amount of said fee shall be listed in Sections 5.64.070 and 5.120.040.

(Prior code § 5524.2; Ord. 2514, 06/20/78; Ord. 2738, 07/14/81; Ord. 2799, 10/05/82; Ord. 3004, 07/24/84; Ord. 3267, 09/25/90; Ord. 3357, 1/7/92)

If any fee required by this chapter, with the exception of the filing fee set out in Sections 5.64.090 through 5.64.130, has not been paid within 30 days from the due date, there shall be imposed a penalty equal to twenty-five percent (25%) of the said fee. Failure to pay any fee required by this chapter within 90 days from the due date shall result in annual interest charge of 18% on any outstanding balance due. Where the County Health Officer determines that such delinquency has been caused by excusable neglect on the part of the person billed or by mistake on the part of the Division, the penalties may be waived.

(Prior code § 5525.1; Ord. 2514, 06/20/78; Ord. 2636, 03/11/80; Ord. 2738, 07/14/81; Ord. 3308, 03/12/91; Ord. 3357, 1/7/92; Ord. 3686, 11/14/95; Ord. 3849, 8/4/98)