Twentynine Palms Municipal Code Ch. 10.12 Amendment to San Bernardino County Code

Division 3, Title III of the San Bernardino County Code, commencing at Sections 33.011 et seq., as adopted by Chapter 1.02 shall be amended by deleting the following Chapter 8, Articles 2, 4, 6 and 7; Chapter 9, Articles 4 and 5; and Chapter 10 in its entirety, and by the addition of the following penalty provisions:

The violation of Division 3, Title III of the San Bernardino County Codes shall be subject to the stated penalties and remedies:

It shall be unlawful for any person or entity to deny access, interfere with, prevent, restrict, obstruct, or hinder the Department of Environmental Health Services' (DEHS) employees or agents acting within the scope of their duty or agency. Offering physical resistance or bodily attack upon authorized representatives of DEHS acting within the scope of their duty or agency is a misdemeanor, punishable by imprisonment in the County jail for not less than ten (10) days, without the alternative of a fine.

In addition to criminal prosecution, civil action, and every other remedy or penalty provided by law, public nuisance may be abated or enjoined in an action brought by DEHS, or under circumstances immediately dangerous to public health or safety may be summarily abated by DEHS enforcement officers as provided herein or otherwise in the manner provided by law for the summary abatement of public nuisances.

Except where punishable as a misdemeanor or felony under State law or herein, any person or entity who violated any provision of this Environmental Health Code (EHC) shall be guilty of an infraction and upon conviction thereof shall be punished by a fine of not less than Twenty-Five Dollars ($25.00) but not exceeding One Hundred Dollars ($100.00) for a first violation, a fine not exceeding Two Hundred Dollars ($200.00) for a second conviction, within one year, and a fine not exceeding Five Hundred Dollars ($500.00) for the third conviction within one year, the fourth and additional convictions within one year shall be punishable as misdemeanors and shall be punished by a fine not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the County jail for a term not exceeding six (6) months, or both, and such convicted person or entity may in the discretion of the court be adjudged in addition to the above penalties, to be liable to DEHS for all necessary costs incurred in investigation, discovery, analysis, inspection, clean-up, and other actual costs incurred by DEHS or its agents pertaining to the violation.

Each day or portion thereof in violation shall be considered a separate and distinct offense. The owner, manager, and operator of every activity or facility subject to the jurisdiction of this EHC shall be responsible for any violation by any employee of any of its provisions. Payment of any penalty or serving any term of imprisonment herein provided shall not relieve any person or entity from the responsibility of correcting the condition constituting the violation.

(88-26 § 2; as amd. by 90-82 § 2)