Sonoma County Municipal Code Art. I Administration and Enforcement

The health officer, as referred to in this chapter, or his/her designee shall administer and enforce the provisions of this chapter, applicable state law, and the rules and regulations promulgated by the State Department of Public Health.

This chapter and the articles contained herein apply to the entire county and all incorporated cities and towns of the county.

(Ord. No. 6240, § I(A), 8-28-2018; Ord. No. 6187, § I(A), 12-13-2016; Ord. No. 6144, § I, 3-1-2016)

"Department" means the county of Sonoma, department of health services, environmental health and safety section.

"Enforcement agency" means the county of Sonoma, department of health services, environmental health and safety section.

"Enforcement officer" means the agent, registered environmental health specialist or environmental health specialist trainee authorized by the director of health services, health officer or director of environmental health.

"Health officer" as referred to in this chapter, means the Sonoma County Health Officer/Deputy Health Officer or his/her authorized representatives.

"Health permit" or "permit" as referred to in this chapter, means a permit or registration issued by the department for milk dairy, retail food, public swimming pool, body art, cannabis dispensary, or edible cannabis product manufacturing premises as those terms are defined throughout this chapter and in the California Food and Agricultural Code, and the California Health and Safety Code.

"Hearing officer" as referred to in this chapter, means the director of environmental health or his/her authorized representative.

"Person" as referred to in this chapter, includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trusts, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.

(Ord. No. 6240, § I(A), 8-28-2018; Ord. No. 6187, § I(A), 12-13-2016; Ord. No. 6144, § I, 3-1-2016)

It is unlawful for any person without a health permit to control, lease, act as agent for, conduct, operate, or manage any milk dairy, retail food facility, public swimming pool, body art facility, cannabis dispensary, or edible cannabis product manufacturing premises as those terms are defined throughout this chapter.

Health permits shall be prominently posted in public view at the location or upon the equipment for which it was issued. Health permits shall not be transferable upon change of ownership of the location or equipment for which it was issued.

The holder of the health permit shall make payment to the department, on or before the anniversary date as established at the time of permit issuance, an annual fee as established by the board of supervisors' resolution, and as more fully set forth below.

(Ord. No. 6240, § I(A), 8-28-2018; Ord. No. 6187, § I(A), 12-13-2016; Ord. No. 6144, § I, 3-1-2016)

Health permits shall be valid until revoked, suspended or as conditioned by the enforcement officer.

Any health permit issued pursuant to this chapter may be suspended or revoked for good cause by the enforcement officer. "Good cause" for the purpose of this section, means a violation of state law, a violation of any of the provisions of this chapter, a violation of the administrative rules or regulations adopted thereunder, a violation of any condition of such health permit, or failure to make payment of the required health permit fee to the department.

The following practices will be utilized during a permit revocation or suspension:

(a) Whenever an enforcement officer finds that a person is not operating in compliance with their health permit, a written notice to comply shall be issued to the person. If the person fails to comply within fifteen (15) days of the notice, the enforcement officer shall issue a second written notice to comply describing the acts or omissions with which the person is charged and informing them of their right to request a hearing.

(b) At any time within a fifteen-day period after service of such notice, the person may request a hearing before the hearing officer and department to show cause why the health permit should not be suspended or revoked.

(c) A failure to request a hearing within fifteen (15) days shall be deemed a waiver of a right to such a hearing.

(d) Any hearing provided for in this section shall be conducted in accordance with Section 14-1-060.

(e) A health permit may be reinstated or a new health permit issued if the enforcement agency determines that the conditions that prompted the permit suspension or revocation no longer exist.

(Ord. No. 6240, § I(A), 8-28-2018; Ord. No. 6187, § I(A), 12-13-2016; Ord. No. 6144, § I, 3-1-2016)

Notwithstanding the provisions of this chapter, and except as otherwise specifically provided by state law, the enforcement officer may immediately suspend or revoke a health permit if the enforcement officer determines that there is an immediate threat to public health, safety, or welfare.

The enforcement officer shall serve the permit holder, within forty-eight (48) hours of the suspension or revocation, written notice of the grounds for the immediate suspension or revocation of the health permit. A person may appeal the suspension or revocation by filing a written notice to request a hearing before the hearing officer.

If a hearing is requested, it shall be conducted in accordance with Section 14-1-060.

(Ord. No. 6240, § I(A), 8-28-2018; Ord. No. 6187, § I(A), 12-13-2016; Ord. No. 6144, § I, 3-1-2016)

Whenever this Chapter provides for a hearing, the hearing shall be conducted in accordance with this Section.

(a) Upon receipt of a written request for a hearing, the hearing officer shall set a hearing date at the earliest practicable time. The hearing shall be held no later than fifteen (15) calendar days after receipt of the request for a hearing. Upon written request of the registrant or permit holder, the hearing officer may postpone a hearing date, if circumstances warrant the action. The hearing officer shall give notice of the hearing to the parties at least ten (10) calendar days before the date of the hearing.

(b) When circumstances warrant, the hearing officer may order a hearing at any reasonable time within this fifteen-day period to expedite the permit suspension or revocation process.

(c) Neither the provisions of the Administrative Procedure Act (Government Code Section 11500 et seq.) nor the formal rules of evidence in civil or criminal judicial hearings shall apply to such hearing. At the hearing, the hearing officer may admit any evidence, including witness testimony, relevant to the determination of the matter, except as otherwise provided in this chapter. A record of the hearing shall be made by any means, including electronic recording, so long as a reasonably accurate and complete written transcription of the proceedings can be made.

(d) The hearing officer shall issue a written notice of decision to the person within five (5) working days following the hearing. Notice of the written decision, including findings of facts, conclusions of law, and notification of the time period in which judicial review may be sought pursuant to Code of Civil Procedure Section 1094.6 shall be served on all parties. The notice of decision shall also specify the acts or omissions with which the person is charged, and shall state the terms of the suspension or that the health permit has been revoked. Any decision rendered by the hearing officer shall be a final administrative decision.

(e) Judicial Review. Hearing officer decisions shall be final, subject to judicial review under the provisions of California Code of Civil Procedure Sections 1094.5 and 1094.6. California Code of Civil Procedure Section 1094.6 governs limitation of time for filing petitions under Section 1094.5, as set forth in Sonoma County Code Section 1-7.5.

(Ord. No. 6240, § I(A), 8-28-2018; Ord. No. 6187, § I(A), 12-13-2016; Ord. No. 6144, § I, 3-1-2016)