Santa Clara County Municipal Code Ch. I General Environmental Health and Enforcement

(a) Department means the Public Health Department.

(b) Director means the Public Health Officer or duly authorized representative of the Public Health Officer pursuant to the authority contained in California Health and Safety Code section 7.

(c) Dwelling unit means a building or portion thereof used or intended for use as a residence.

(d) Facility or facilities means a building or buildings, appurtenant structures, and surrounding land area used by a single business entity at a single location or site.

(e) Fees means fees established by resolution of the Board of Supervisors.

(f) Permit means the document issued by the Department to operate, construct, or commence regulated activities.

(g) Permittee means any person to whom a permit is issued pursuant to this Division; any authorized representative, agent, or designee of such person; or any person who is required pursuant to this Division to obtain a permit but fails to obtain such a permit.

(h) Person means and includes a "public entity" in addition to the definition in Section A1-21.

(i) Qualified registered engineer means an individual who is registered as a professional engineer with the State Board of Registration for Professional Engineers.

(j) Registration means approval to operate, construct, or commence regulated activities in lieu of a permit. For purposes of this Division, any references to a permit shall also include registration.

(k) Registered environmental health specialist means a person who holds a valid certificate of registration as a registered environmental health specialist issued by the California Department of Public Health, and shall include trainees working under a registered environmental health specialist.

(l) Responsible Party shall have the same meaning as set forth in Section A37-2 of this Ordinance Code.

(Ord. No. NS-517.72, § 2, 4-15-03; Ord. No. NS-300.967, § 34, 11-15-22; Ord. No. NS-300.1002, § 9, 10-21-25)

All fees referenced in this Division will be subject to an annual increase based on the percentage change in the Consumer Price Index, All Urban Consumers (All Items), for the current Standard Reference Base applicable to Santa Clara County (1982-84 = 100), as published by the United States Department of Labor, Bureau of Labor of Statistics. The "annual average" percentage published by the Bureau of Labor Statistics will be used to determine the maximum annual increase. This percentage, which is calculated at the end of each calendar year, is available in January following the end of the previous calendar year. If reasonable program costs exceed the maximum annual increase, an additional fee increase may be established by resolution of the Board of Supervisors. Fees will be rounded to the nearest whole dollar.

(Ord. No. NS-517.72, § 2, 4-15-03; Ord. No. NS-300.967, § 35, 11-15-22)

(a) As set forth in Sections A1-38 and B11-21 of this Ordinance Code, the Director is authorized to enter onto private or public property to make such inspections as necessary to implement or enforce any of the provisions of this Division and State law.

(b) All inspections specified herein will be at the discretion of the Director, and nothing in this Division will be construed as requiring the Department to conduct any such inspection nor will any actual inspection made imply a duty to conduct any other inspection. Furthermore, nothing in this Division may be construed to hold the County or any officer, employee, or representative of the County responsible for any damage to persons or property by reason of making an inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection or by reason of any failure to take any enforcement or remedial action.

(Ord. No. NS-517.72, § 2, 4-15-03; Ord. No. NS-300.967, § 36, 11-15-22)

The Director may make such investigation of an applicant or permittee and facility or activity as the Director deems necessary to carry out the purposes of this division.

(Ord. No. NS-517.72, § 2, 4-15-03)

Any property upon which a violation of this Division exists is hereby declared a public nuisance and may be abated by the County pursuant to Divisions A1 and A37 of this Code, and/or subject the Responsible Party (as defined in Section A37-2 of this Ordinance Code) to civil and/or criminal liability under applicable State laws and County Ordinance.

(Ord. No. NS-300.967, § 37, 11-15-22)

Editor's note— Sec. 37 of Ord. No. NS-300.967, adopted November 15, 2022, amended § B11-6 in its entirety to read as herein set out. Former § B11-6 pertained to criminal penalties, and derived from Ord. No. NS-517.72, adopted April 15, 2003.

(a) Any Responsible Party as defined by Section A37-2(c) of this Code conducting any activity in violation of this Division is guilty of a misdemeanor. A Responsible Party is guilty of a separate offense on each occasion the violation is committed and, for a continuing violation, on each day during which the violation continues to exist.

(b) Any Responsible Party conducting any activity in violation of this Division may also be liable under applicable State laws, including, but not limited to, criminal citations, civil penalties, and any other applicable relief pursuant to Division A1 of this Code.

(c) In addition to any other relief that the court deems appropriate, the court shall require the Responsible Party to reimburse the County for all costs and expenses related to the violation, including, but not limited to, staff time, abatement and inspection costs, and reasonable attorneys' fees as required by Division A1 of this Code.

(d) In addition to any civil or criminal remedies, any Responsible Party who violates any requirement of this Division may be subject to any of the administrative remedies set forth in Division A37 of this Code.

(e) Any Responsible Party served with a written notice of violation pursuant to subdivision (d) of this Section may seek review of the written notice of violation pursuant to the procedures set forth in Division A37 of this Code.

(Ord. No. NS-517.72, § 2, 4-15-03; Ord. No. NS-517.75, § 1, 8-7-07; Ord. No. NS-300.967, § 34, 11-15-22)

Editor's note— Sec. 39 of Ord. No. NS-300.967, adopted November 15, 2022, repealed § B11-8, which pertained to enforcement cost recovery, and derived from Ord. No. NS-517.72, adopted April 15, 2003.

Remedies in this Division are in addition to and do not supersede or limit any and all other remedies, civil, criminal, or administrative.

(Ord. No. NS-517.72, § 2, 4-15-03; Ord. No. NS-300.967, § 40, 11-15-22)

The Director is hereby authorized to make all necessary rules, regulations, and guidelines as is necessary to carry out the intent of this division.

(Ord. No. NS-517.72, § 2, 4-15-03)

Whenever the approval or satisfaction of the Director may be required in this Division for a design, monitoring, testing, or other technical submittal by any person, applicant, or permittee, the Director may require the person, applicant, or permittee to retain a suitably qualified independent engineer, chemist, or other appropriate professional consultant at the person's, applicant's, or permittee's sole cost and expense, for the purpose of evaluating and rendering a professional opinion regarding the adequacy of the submittal to achieve the purposes of this Division. The suitable qualifications of the independent professional consultant retained for these purposes must be acceptable to the Director, and, if acceptable, the Director may rely on the evaluation and/or opinion of the engineer, chemist, or professional consultant in making the relevant determinations provided for in this Division.

(Ord. No. NS-517.72, § 2, 4-15-03; Ord. No. NS-300.967, § 41, 11-15-22)