Santa Clara County Municipal Code Art. 1 General

The purpose of this Chapter is to establish a permit system for activities subject to local ordinance, state statutes, orders, quarantines, and rules or regulations relating to public health and environmental health. Department expenses resulting from implementation of this Division are to be offset by permit fees collected.

(Ord. No. NS-517.72, § 2, 4-15-03; Ord. No. NS-300.1002, § 10, 10-21-25)

(a) It shall be unlawful for any person to conduct any activity for which this division requires a permit in any geographic area of application as provided by Section B11-24 without first applying for, obtaining, and maintaining the required permit from the Director.

(b) The Director will review the permit application for accuracy and completeness, and may make an examination of the premises, buildings, equipment, and apparatus associated with the requested permit. If the Director finds the proposed activity to be in accordance with the laws and regulations of the State, local ordinances, and requirements of the Director, a permit will be issued after receipt of payment of the required permit fee(s).

(c) The Director may condition a permit in a manner as is deemed necessary to carry out the purposes of this chapter.

(d) If a permit is not obtained prior to the operation of any facility or commencement of any activity requiring a permit pursuant to this division, the Director may order the closure of such facility or cessation of such activities until a permit is obtained. Any person conducting activities for which this division requires a permit without such a permit may be subject to all fines, fees, and other relief provided in Chapter I of this division, in addition to the fee for the permit.

(e) A permit may be suspended or revoked for cause.

(f) Before resuming any activity for which a permit was suspended, the Director may reinstate the permit upon determination that conditions that prompted the suspension no longer exist. Before resuming any activity for which a permit was revoked, an applicant must obtain a new permit upon application and payment of all fees.

(g) The permit(s) required by this division will be in addition to any other license or permit required by this County or by any other public jurisdiction.

(h) Every permit issued under this chapter shall be valid for a term of one year or such other term as the Director deems appropriate for the type of facility or activity being permitted. Permits shall be renewable from term to term upon payment of the fee required by resolution of the Board of Supervisors, or upon payment of fee plus penalties, as applicable.

(Ord. No. NS-517.72, § 2, 4-15-03; Ord. No. NS-517.98, § 1, 11-4-25)

(a) Except as otherwise provided in Section B11-50, permit fees are required to be paid to the Department for each unit, location, or facility needing a permit. Such fees will be established by resolution of the Board of Supervisors.

(b) No refund or rebate of a permit fee will be allowed by reason of the fact that the permit is denied, or the permittee discontinues the permitted activity or use of a facility prior to the expiration of the term, or that the permit is suspended or revoked prior to the expiration of the term, except that if the permittee discontinues the permitted activity or use of a facility prior to the expiration of the permit term and furnishes written notice to the Department within 30 calendar days of ceasing the activity or use with sufficient evidence demonstrating the date the permitted activity or facility ceased operation, annual permit fees may be refunded or rebated for any future remaining quarters of the permit term. Permit application fees shall be non-refundable.

(Ord. No. NS-517.72, § 2, 4-15-03; Ord. No. NS-517.98, § 2, 11-4-25)

(a) In the case of a permit or registration renewal, the delinquency date is the day after the expiration date. If any fee required by this division is not paid prior to the delinquency date, in addition to the fee, the applicant will pay a penalty equal to 25 percent of the unpaid balance.

(b) No permit shall be issued unless and until all outstanding fees, penalties, and costs related to the permit are paid in full. It shall be within the Director's discretion to waive any delinquency penalty incurred related to the permit based on consideration of factors pursuant to Section A37-6(e).

(c) If any fees, penalties, or costs related to a permit or permit application are delinquent, the Director may deny the permit application or suspend or revoke the permit.

(Ord. No. NS-517.72, § 2, 4-15-03; Ord. No. NS-517.98, § 3, 11-4-25)

Permits required by this division will be required of any business or activity within the area in which the Director enforces any state statute, local ordinance, order, quarantine, rule or regulation relating to public health or environmental health, whether within or outside an incorporated city. Enforcement within cities is pursuant to California Health and Safety Code § 101375 and as indicated in Chapter XV.

(Ord. No. NS-517.72, § 2, 4-15-03)

If a person engages in, conducts, manages, or carries on at the same time more than one of the activities herein defined by this division, that person will be deemed to be engaging in, conducting, managing or carrying on each activity separately and apart from the other activity, whether located on the same premises or not, and must pay the permit fee for each separate activity.

(Ord. No. NS-517.72, § 2, 4-15-03)

A permit may be issued pursuant to this division to a corporation duly authorized to transact business in this State, or to a person operating under a fictitious name who has complied with all of the provisions of Chapter 5 of Part 3, Division 7 of the Business and Professions Code (Business and Professions Code § 19800 et seq.) of this State or any statute superseding or taking the place of that code section. Otherwise, all permits must be issued in the true name of the individual or individuals applying therefore. Except as above provided, no business so permitted may operate under any false or fictitious name. A permit issued to a corporation must designate the corporation by the exact name that appears in the articles of incorporation of that corporation.

(Ord. No. NS-517.72, § 2, 4-15-03)

An applicant may apply for a temporary permit if the applicant certifies in writing to the Director that the business, activity or occupation can only be carried on for a limited time because of:

(a) The seasonal nature of the occupation, business or activity; or

(b) Statutory or ordinance regulations or restrictions; or

(c) Termination or loss of lease; or

(d) Acquisition by the public of the premises on which the occupation or business or other activity is situated; or

(e) Any other reason approved by the Director.

Upon presentation of the certification and acceptance by the Director, a temporary permit may be issued for any period specified by the Director, not to exceed 30 days; and the permit fee will be 25 percent of the annual permit fee for that activity.

(Ord. No. NS-517.72, § 2, 4-15-03)

(a) Permits are nontransferable except for refuse collection vehicles, liquid waste pumper vehicles, and greasewaste handlers. If, during the permit term, a refuse collection vehicle, liquid waste pumper, or greasewaste vehicle must be replaced and is taken entirely out of the business and a new one is to be used as a replacement, the Director may transfer the permit to the new vehicle or facility provided that there has been no change in ownership.

(b) If a permit is issued to a partnership and the partnership is changed by the addition or deletion of partners, the permit may be transferred to the new partnership if the new owner/partnership makes application for a transfer and pays a transfer fee in an amount as established by resolution of the Board of Supervisors. If a permit is issued in the true name of more than one individual and any named individual is added or deleted from the permit, the new owner(s) must apply for a new permit and pay the permit fee as established by resolution of the Board of Supervisors.

(c) Any change of ownership, dba, or home or business address for any permitted facility or use must be reported to the Department within ten days after said changes occur.

(Ord. No. NS-517.72, § 2, 4-15-03; Ord. No. NS-517.98, § 4, 11-4-25)

The Director may issue, in conjunction with any permit required by this division, further identification in the form of a license plate, decal or gummed sticker. Upon issuance of same, the Director will advise the permittee as to where this identification is to be affixed.

(Ord. No. NS-517.72, § 2, 4-15-03)

(a) Every person having a permit required by this division and conducting, managing or carrying on a business or occupation at a fixed place of business must keep the permit posted and exhibited, while in force, in some conspicuous part of the place of business.

(b) A vehicle permit issued under the provisions of this division must be maintained with the vehicle at all times while the vehicle is being operated in the conduct of the business.

(Ord. No. NS-517.72, § 2, 4-15-03)

Every person having a permit required by this division and not having a fixed place of business must carry the permit with him or her at all times while carrying on the business or occupation for which it was granted.

(Ord. No. NS-517.72, § 2, 4-15-03)

Every person having a permit required by this division must produce and exhibit the same whenever requested to do so by the Director or any duly authorized agent of the Director.

(Ord. No. NS-517.72, § 2, 4-15-03)

Except as otherwise specifically provided by state law or Ordinance Code provision, all permit denial, suspension, or revocation procedures will be as follows:

(a) The Director may deny, suspend, or revoke any permit issued under this Division for any of the following causes, arising from acts or omissions of the permittee:

(1) Whenever the Director determines that the permit holder fails to meet the requirements of the permit, local ordinances, or applicable state law or regulations;

(2) Fraud, willful misrepresentation, or any willful inaccurate or false statement in applying for a new or renewed permit;

(3) Fraud, willful misrepresentation, or any willful inaccurate or false statement in any report required by this Division;

(4) Any of the grounds upon which the permit would be subject to immediate revocation.

(b) The Director will serve notice on the applicant or permit holder, by United States mail addressed to the business address shown on the application or permit, of the Director's intention to deny, suspend, or revoke the permit on the grounds stated therein. The notice will also state that the applicant or permit holder has 15 days within which to request a hearing or the permit will be denied, suspended, or revoked. When circumstances warrant, the Director may order a hearing at any reasonable time within this 15-day period to expedite the permit suspension or revocation process.

(c) The hearing will be held by the Director or authorized designee within 15 calendar days of receipt of a request for a hearing. The Director's decision will be final.

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

(a) Except as otherwise specifically provided by state law or Ordinance Code provision and notwithstanding Section B11-33, the Director may immediately suspend or revoke a permit if the Director determines that the permitted activity is imminently hazardous to public health, safety, or welfare. Imminently hazardous means any condition, based upon inspection findings or other evidence, that can cause disease transmission or an unsafe or hazardous condition, including but not limited to, contamination of drinking water, sewage contamination, or an unsafe public pool.

(b) The Director will serve on the permit holder, within 48 hours of the suspension or revocation, written notice of the grounds for the immediate suspension or revocation of the permit. The permit holder may appeal the suspension or revocation by filing a written notice with the Director within 15 calendar days of the suspension or revocation.

(c) If an appeal is requested, a hearing will be conducted by the Director within 15 calendar days of the date the request is received. The Director's decision will be final.

(Ord. No. NS-517.72, § 2, 4-15-03)