Sutter County Municipal Code Ch. 760 Fees for Permits Issued and Services Provided by the Environmental Health…

The purpose of this ordinance is to establish fees to partially defray the reasonable expenses of the Sutter County Development Services Department in enforcing State statutes, orders, quarantines, and rules and regulations of the State of California and the Departments of the State of California relating to the public health as allowed by State law.

([690, 1246] Ord. 1584, Sec. 4; May 28, 2013)

The authority for this ordinance is contained in Sections 101325 and 101025 of the Health and Safety Code.

This ordinance shall be valid and enforced within the territory in which the Environmental Health Director acting as Deputy Health Officer in accordance with Sutter County Board of Supervisors Resolution No. 94-22 enforces all State statutes, orders, quarantines, rules, or regulations of the State of California, and orders and ordinances of the Board of Supervisors relating to environmental health and sanitation services, including within the incorporated areas or territories of Sutter County.

([690, Ord. 1246, Sec. 1; Dec. 17, 1996)

The following terms used in this Chapter shall have the meanings designated and set forth hereafter:

Environmental Health Director shall mean the person appointed to that position by the Development Services Department Director, or his/her authorized designee. "Environmental Health Director" is also defined as in California Code of Regulations, Title 17, Section 1355.

Permit shall mean a written permit or activity approval or entitlement issued by the Environmental Health Director approving an activity, business, premises, device or apparatus in accordance with the health, sanitary, or safety requirements, rules, laws, ordinances or regulations pertaining to the public health and safety.

Person shall mean any individual, partnership, corporation, firm, association, or other public, governmental or private entity or establishment.

Receipt shall mean a written statement of service fees received by the Department.

([795, 1246] Ord. 1584, Sec. 3; May 28, 2013)

The following businesses, activities, premises or apparatus defined and designated hereinafter are subject to the provisions of this Chapter and may be engaged in only by persons holding valid and subsisting annual operating permits or registrations issued by the Environmental Health Director after having paid the fees therefore set forth in the most recent Resolution setting fees adopted by the Board of Supervisors:

(a) Chemical Toilet Suppliers.

(b) Food Facility. The term "food facility" as used herein is defined as in Section 113785 of the Health and Safety Code of the State of California.

(c) Organized Camps. The term "organized camps" is defined as in Section 18897 of the Health and Safety Code.

(d) Persons Engaged in the Cleaning of Septic Tanks, Chemical Toilets, Cesspools, or Sewage Seepage Pits or Disposing of the Cleanings Thereof.

(e) Public Beach. The term "public beach" as used herein is defined as in Section 115875 of the Health and Safety Code.

(f) Public Swimming Pool. The term "public swimming pool" as used herein is defined as defined in Section 116025 of the Health and Safety Code and Title 22, California Code of Regulations, Section 65501 and 65503.

(g) State Small Water System. The term "state small water system" as used herein is defined as in Section 116275 of the Health and Safety Code.

(h) Wiping Rags Establishment. The term "wiping rags" as used herein is defined as in Section 118450 of the Health and Safety Code.

(i) Vehicles used in the collection and transport of solid waste.

(j) Solid waste facilities and operations.

([795] Ord. 1246, Sec. 1; Dec. 17, 1996)

The following Environmental Health services shall be rendered and project permits issued only after payment of user fees as set forth by resolution of the Board of Supervisors:

(a) Examination of Plans, Specifications and/or Designs for:

(1) Construction or remodeling of food facilities.

(2) State small water systems.

(3) Public Swimming Pools or Public Beaches.

(4) Organized Camps.

(5) Land Subdivisions. The term "land subdivision" as used herein is defined as defined in the Subdivision Map Act.

(6) Lot Line Adjustment. Lot Line Adjustments as used herein is defined as defined in Sutter County Code Section 1400-115(d).

(7) Miscellaneous land use planning reviews.

(8) Solid waste permit exemption review.

(b) Project permits for:

(1) Septic permits—New installation, modification, and repair.

(2) Well permits—New construction, destruction.

(3) Water exploration and test holes—Destruction.

(c) Examination, inspection and report of the premises and/or plans and specifications, including soil evaluation, for and on behalf of the owner of a residence, business, or other property.

([797] Ord. 1246, Sec. 1; Dec. 17, 1996)

Any person who conducts, or proposes to conduct, any activity defined in 760-050 and 760-060 herein shall first apply to the Environmental Health Director for a permit or an activity approval or entitlement, on a form to be provided by the Environmental Health Director , accompanied by the payment of the fee required thereunder. A permittee or an applicant for such a permit shall provide the Environmental Health Director with any information relevant to the activity or proposed activity when required or demanded.

A permit, once issued, is non-transferrable. A permit shall be valid only for the person, location, and type of activity approved and, unless suspended or revoked for cause, for the time period indicated.

([690] Ord. 1246, Sec. 1; Dec. 17, 1996)

The Environmental Health Director shall issue such permits upon such application if it finds that said proposed activity is proposed to be, or designed to be, carried on in accordance with the laws, rules, and regulations pertaining to the public health and safety.

Permits issued hereunder may be revoked by the Environmental Health Director if he/she finds that said activity has been, or is being, carried on or engaged in, contrary to laws, ordinances, rules and regulations pertaining to the public health and safety, or that said activity is a threat to the public health or safety.

Any appeal of the denial or revocation of a permit issued under the authority of this Chapter shall be done in compliance with the appropriate State law or County ordinance.

([690] Ord. 1246, Sec. 1; Dec. 17, 1996)

The payment of any fee collected under the authority of this Chapter, including penalty fees required pursuant to paragraphs (a) and (b) of Section 760-140, may be waived by a resolution adopted by the Board of Supervisors.

(Ord. 1246, Sec. 1; Dec. 17, 1996)

A permit issued under the authority of Section 760-050 of this Chapter, other than a temporary permit or conditional permit, shall be valid for the period of 12 calendar months thereafter, except for:

(a) Persons engaged in the cleaning of septic tanks, chemical toilets, cesspools, or sewage seepage pits may have permits pro-rated so that the permit term extends from January 1 to December 31 of the year.

([690] Ord. 1246, Sec. 1; Dec. 17, 1996)

Annual operating permits or registrations which have been issued prior to the effective date of this Chapter shall remain valid after their expiration by their terms and until the permitted activity is inspected or reviewed by the Environmental Health Director , and a written demand is made by the Environmental Health Director for the filing of an application for a permit under this Chapter. Failure to apply for a new permit after receipt of such demand and within 7 days after the expiration of the operating permit shall be penalized as a failure to renew, as is set forth in Section 760-140 of this Chapter.

Upon receipt of such an application for a permit, the Environmental Health Director shall issue such a permit, upon approval of the activity, and upon payment of a fee.

([690] Ord. 1246, Sec. 1; Dec. 17, 1996)

(a) Upon expiration of an annual operating permit or registration hereunder, the permittee shall renew said permit in like manner to the issuance of a new permit. In the event the permittee fails to renew said permit upon its expiration date, he shall then pay a penalty sum in an amount equal to one and one-half times the ordinary fee.

(b) If, upon an inspection pursuant to this Chapter, the Environmental Health Director determines that a violation exists and gives the permittee a specified period of time in which to correct the violation, then if upon reinspection the violation still exists, a further reinspection to determine if the violation has been cured will be subject to a reasonable additional fee set by resolution of the Board.

([795] Ord. 1246, Sec. 1; Dec. 17, 1996)

All fees collected hereunder shall be deposited with the County Treasurer of Sutter County.

([690] Ord. 1246, Sec. 1; Dec. 17, 1996)

(a) A person intending or proposing to conduct an activity regulated hereunder on a temporary basis, may obtain a temporary permit from the Environmental Health Director authorizing the person to do so, for a period not to exceed 90 days in any calendar year, upon application submitted and approved, and upon payment of a fee equal to one-fourth of the annual fee for such activity.

(b) A person intending or proposing to conduct an activity requiring an annual permit or registration regulated hereunder, may enter into a written agreement for scheduled correction of code violations and obtain a conditional permit.

If code corrections are not completed prior to expiration of the conditional permit, then a permit for the remainder of the calendar year shall not be issued and the relevant prorated portion of the annual fee returned to the applicant.

When a person conducts more than one of the activities for which a permit is required hereunder, that person shall first obtain a separate permit for each activity.

The Development Services Department Director shall administer this Chapter, and may issue rules and regulations relative to permit fees to achieve efficient administration thereof, subject to approval of the Board of Supervisors by resolution. Said rules and regulations shall become effective upon adoption by the Board of Supervisors of said resolution.

([795] Ord. 1584, Sec. 3, May 28, 2013)

It shall be unlawful and a misdemeanor for any person to conduct any activity described and designated in this Chapter without a valid and subsisting permit therefore issued hereunder.

Each offense shall be punished by a fine of not less than twenty-five dollars ($25.00) or more than one thousand dollars ($1,000.00) or by imprisonment in the County Jail for a term not exceeding six months, or by both such fine and imprisonment.

([690] Ord. 1246, Sec. 1; Dec. 17, 1996)

The provisions of section 760-060 notwithstanding, the fees below listed adopted by resolution of the Board of Supervisors No. 96-109 shall be suspended from the effective date of this enactment until June 30, 1998 only for buildings of Reclamation Districts 1660 and 70 damaged by flood waters as a result of the levee failure on the west bank of the Sutter Bypass in the Community of Meridian and the adjacent area, as determined by the Sutter County building official. Until June 30, 1998 none of the below listed fees shall be charged for permits required for damage caused only to buildings of Reclamation Districts 1660 and 70 by such flooding within the subject area as determined by the building official. The fees to be suspended are as follows:

(1) Septic Permit .....

a. New Installation and Inspection .....$168.00

b. Repair & Inspection to an existing system .....42.00

c. Alternative System .....168.00

d. Permit extension (6 months) .....57.00

(2) Well Permit .....

a. Well Construction .....$140.00

b. Well Destruction .....57.00

c. Water Exploration and Test Holes .....57.00

d. Permit extension (6 months) .....57.00

([1247] Ord. 1266, Sec. 5; Feb. 3, 1998)