Santa Clara County Municipal Code Ch. I Fees for Weighing and Measuring Devices

For commercial weighing and measuring devices in the county required to be inspected or tested by the Agricultural Commissioner/Sealer under Section 12210 of the California Business and Professions Code, both the initial registration fee and the annual renewal registration fee shall be assessed at the maximum amount authorized in Section 12240 of the California Business and Professions Code. If the registration or renewal payment is late, there shall, subject to the County's sole discretion, also be assessed the late registration penalty set forth in Section B30-3. The current fees for devices subject to this section shall be posted to the website of the County of Santa Clara Division of Weights and Measures.

(Ord. No. NS-300.719, § 2, 9-9-03; Ord. No. NS-300.743, § 1, 4-25-06; Ord. No. NS-300.781, § 1, 4-24-07; Ord. No. NS-300.789, § 1, 5-6-08; Ord. No. NS-300.850, § 1, 4-10-12; Ord. No. NS-300.860, § 1, 5-21-13; Ord. No. NS-300.982, § 1, 3-12-24)

The fees imposed by Section B30-1 are due and payable at the commencement of each fiscal year which begins July 1. For businesses commencing operations during the fiscal year, the fees are due and payable as of the date of commencement. There will be no proration of the annual device fee. For businesses adding devices into service after the start of the fiscal year, the fees for those additional devices are due and payable as of the date those additional devices are put into service. The fees collected will be used to recover the costs of inspection and testing of devices required of the Agricultural Commissioner/Sealer pursuant to Business and Professions Code Sections 12210 and 12211.

(Ord. No. NS-300.719, § 2, 9-9-03; Ord. No. NS-300.982, § 2, 3-12-24)

Beginning July 1, 2006, any registration fee not paid within 90 days of when due shall, subject to the County's sole discretion, be subject to a late penalty of 100 percent of the original amount due.

(Ord. No. NS-300.719, § 2, 9-9-03; Ord. No. NS-300.743, § 2, 4-25-06; Ord. No. NS-300.982, § 3, 3-12-24)

(a) For purposes of this section, the term "commercial purposes" is as defined in Section 12500 of the California Business and Professions Code.

(b) Pursuant to the California Business and Professions Code Sections 12210(b) and 12210.5, the Board of Supervisors hereby directs the Agricultural Commissioner/Sealer to calibrate, test, weigh, and measure, and certify to the accuracy of weights and measures and weighing and measuring devices and instruments, tools, and accessories connected therewith, whether or not used for commercial purposes, upon written request of any person. Pursuant to Section 12210.5 of the California Business and Professions Code, the fee schedule established for testing of weighing and measuring devices initiated by written request will be in accordance with those fees established by the Secretary of the California Department of Food and Agriculture. The fee schedule will be established by resolution of the Board of Supervisors.

(c) After any commercial weighing or measuring instrument or device has been tested as prescribed by Section 12210(a) of the Business and Professions Code and found to be outside the tolerances or specifications set by the California Department of Food and Agriculture, the Agricultural Commissioner/Sealer may re-inspect, re-test, and re-certify the instrument or device in order to determine if it is within those tolerances and specifications. Owners or operators of commercial weighing or measuring devices that fail an initial test will be charged for any required re-testing at the same fee established for tests conducted upon written request.

(Ord. No. NS-300.719, § 2, 9-9-03; Ord. No. NS-300.982, § 4, 3-12-24)

(a) The Agricultural Commissioner/Sealer may schedule inspection appointments, at a mutually acceptable time to the Agricultural Commissioner/Sealer and the business owner/user, to test and inspect commercial and non-commercial weighing or measuring instruments. If for any reason the scheduled appointment cannot be maintained, notification of at least 24 hours before the scheduled inspection appointment must be given to the Agricultural Commissioner/Sealer. If 24 hours notification is not provided, the appointment will be considered a missed appointment and a fee will be charged for rescheduling. The fee will be established by resolution of the Board of Supervisors.

(b) The Agricultural Commissioner/Sealer is directed to charge a fee for the rescheduling of missed appointments that the Agricultural Commissioner/Sealer had previously scheduled for the convenience of the owner, distributor or service agent. The fee will be that established by resolution of the Board of Supervisors.

(c) The Agricultural Commissioner/Sealer is directed to charge a fee for the time that the Agricultural Commissioner/Sealer is requested to stand by with necessary equipment either for the removal of contaminated, mislabeled or substandard motor fuel, or for the convenience of the owner, distributor, or service agent of any commercial or non-commercial weighing and measuring instruments while such instruments are put into proper condition to be inspected or tested. The fee will be established by resolution of the Board of Supervisors.

(Ord. No. NS-300.719, § 2, 9-9-03)