Ventura County Municipal Code Art. 1 General

The purpose of this Chapter is to establish a permit system for activities subject to state statutes, orders, quarantines, rules or regulations relating to environmental health and to provide for the collection of fees necessary to pay reasonable expenses resulting from enforcement thereof as authorized by Sections 101280, 101325, and 114387 of the Health and Safety Code. It is also the purpose of this chapter to establish the amount of, and to provide an administrative procedure for imposing, the civil penalty authorized by Section 114387 of the Health and Safety Code. It is also the purpose of this Chapter to establish a permit fee system relating to County regulation of activities as authorized under Section 101025 of the Health and Safety Code and the general police power.

(Rep. & Reen. Ord. 4364—6/19/07)

For the purpose of this Chapter, unless the context otherwise requires, the definitions set forth in Chapter 2 (commencing with Section 113728 of the Health and Safety Code) of the California Retail Food Code, and in addition the following definitions, shall apply:

(a) Director. "Director" means the Director of the Environmental Health Division of the Resource Management Agency of the County of Ventura and his or her duly authorized agents.

(b) Massage. "Massage" shall have the meaning assigned to that term by Section 2492-1 of this Code.

(c) Massage Business. "Massage business" shall have the meaning assigned to that term by Section 2492-2 of this Code.

(d) Organized Camp. "Organized camp" shall have the meaning assigned to that term by Section 18897 of the Health and Safety Code.

(e) Public Swimming Pool. "Public swimming pool" means any "pool" as defined in Section 65501 of Title 22 of the California Code of Regulations that is within the scope of the regulation described in Section 65503 of said Title 22.

(f) Public Swimming Pool Auxiliary Structures and Equipment. "Public swimming pool auxiliary structures and equipment" means all auxiliary structures and equipment provided and maintained in connection with a public swimming pool including but not limited to those listed in Section 65503 of Title 22 of the California Code of Regulations.

(g) Septic Tank Pumper. "Septic tank pumper" means any vehicle used for the transportation of waste from any septic tank, chemical toilet, cesspool, sewage seepage pit or sewage works.

(Rep. & Reen. Ord. 4364—6/19/07)

(a) Types of Work. No person shall perform or cause any other person to perform any of the following work without having a current Permit to Construct issued by the Director for such work:

(1) Construction or remodeling of any food facility that is either a permanent food facility, or satellite food service;

(2) Construction, reconstruction, alteration or resurfacing of a public swimming pool or the construction, reconstruction or alteration of public swimming pool auxiliary structures and equipment;

(3) Construction or remodeling of any structure at an organized camp.

(b) Work to Comply with Permit. No person shall perform or cause any other person to perform any work in a manner contrary to any Permit to Construct for such work.

(c) Additional Permits and Licenses. The Permit to Construct shall be in addition to any Permit to Operate or other license or permit, including a building permit, required by the County or any other public entity.

(Rep. & Reen. Ord. 4364—6/19/07)

An application for a Permit to Construct must be submitted to the Director in such form as the Director may prescribe, together with three sets of plans for the work and payment of the Permit to Construct fee established pursuant to Section 4616. The application shall be approved and the Permit shall be issued only if it appears to the Director, upon review of the application, that all applicable state and County environmental health requirements will be met. If the application is rejected, the Director shall so notify the applicant.

(Rep. & Reen. Ord. 4364—6/19/07)

A Permit to Construct shall be valid from the date of issuance and shall expire one year after issuance if the work authorized by it has not yet commenced, and otherwise shall expire three years after issuance. Upon application made by the holder of an unexpired permit and for good cause shown, the Director may extend the one-year period for commencement of the work for an additional period not to exceed one year or such shorter period as may be required to commence the work.

(Rep. & Reen. Ord. 4364—6/19/07)

Whenever a Permit to Construct is required pursuant to Section 4602, and the work authorized by such permit is being done contrary to the provisions of this Chapter or of any applicable permit, statute, rule, or regulation relating thereto, the Director may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Director to proceed with the work.

(Rep. & Reen. Ord. 4364—6/19/07)

(a) Food Facility. No person shall operate a food facility without having a valid Permit to Operate issued for such facility by the Director. A Permit to Operate issued pursuant to this subsection shall also serve as the permit required by Section 114387 of the Health and Safety Code. If the Permit to Operate is issued for a food facility for which a Permit to Operate sticker is required by Section 4610, a single permit may cover multiple facilities of the same type operated by the same person.

(b) Massage Business. No person shall operate a massage business at any location without having a valid Permit to Operate issued for such business issued by the Director. A separate Permit to Operate is required for each location at which massages are given. The requirements of this subsection for a Permit to Operate are in addition to the requirements of Section 2491-1 for a massage business license.

(c) Organized Camp. No person shall operate an organized camp without having a valid Permit to Operate issued for such camp by the Director.

(d) Public Swimming Pool. No person shall operate a public swimming pool without having a valid Permit to Operate issued for such pool by the Director. A Permit to Operate issued pursuant to this subsection shall also serve as written approval of the enforcing agent required by Section 65511 (b) of Title 22 of the California Code of Regulations.

(e) Septic Tank Pumper. No person shall operate a septic tank pumper without having a valid Permit to Operate issued for such pumper by the Director. A single permit may cover multiple pumpers operated by the same person. A Permit to Operate issued pursuant to this subsection shall also serve as the registration required by Section 117405 of the Health and Safety Code.

(f) Grace Period Pending Issuance. An application for a Permit to Operate with respect to which the Director has recommended approval pursuant to Section 4607 shall, for a period of three working days, excluding weekends and holidays, from the date of such recommendation, confer the same privileges as a Permit to Operate even if the Permit to Operate fee has not yet been paid and the Permit has not yet been issued.

(g) Additional Permits and Licenses. Except as otherwise provided in this Section, the Permit to Operate shall be in addition to any Permit to Construct or other license or permit that may be required by the County or any other public entity.

(h) Each Day of Violation a Separate Offense. Each day or a portion of a day that a person operates a food facility, massage business, organized camp, public swimming pool, or septic tank pumper in violation of this section is a separate offense.

(Rep. & Reen. Ord. 4364—6/19/07)

(a) Submittal of Application. An application for a Permit to Operate must be submitted to the Director in such form as the Director may prescribe. The application must state whether it is for the regular term permit specified in subsection (a) of Section 4608 or the short-term permit specified in subsection (b) of Section 4608.

(b) Recommended Approval. The Director shall recommend approval of the application only if it appears to the Director, upon an inspection of the premises or otherwise, that all applicable state and local environmental health regulations will be met.

(c) Issuance of Permit. If the Director recommends approval of an application, the applicant may at any time within three working days, excluding weekends and holidays, from the date of such recommendation obtain the Permit to Operate by paying to the Director the applicable Permit to Operate fee established pursuant to Section 4616. The Permit to Operate issued by the Director shall state whether it is for the regular term specified in subsection (a) of Section 4608 or the short-term specified in subsection (b) of Section 4608.

(Rep. & Reen. Ord. 4364—6/19/07)

(a) Regular Term. Subject to Sections 4613 and 4614, a regular term Permit to Operate shall be valid for a period of one year from the date the operation for which it was issued commenced, as indicated in the application for the permit, and may be renewed from year-to-year for successive one-year periods upon payment to the Director of the Permit to Operate fee, together with any applicable late payment fee, established pursuant to Section 4616. Each one-year renewal term shall commence on the expiration date of the preceding term, even if the renewal fee is not paid until after that date. However, if the renewal fee is paid after the expiration date of the preceding term, the permit shall be deemed to be suspended from that expiration date to the payment date.

(b) Short Term. Subject to Sections 4613 and 4614, a short-term Permit to Operate shall be valid for a period of one hundred eighty (180) calendar days from the date the operation for which it was issued commenced, as indicated on the application. A short-term Permit to Operate may not be renewed, but this restriction shall not bar any permittee from applying for a regular term permit at any time.

(Rep. & Reen. Ord. 4364—6/19/07)

Every person having a Permit to Operate under the provisions of this Chapter and operating pursuant to that permit at a fixed place of business shall keep such permit posted and exhibited in public view at such place of business at all times while engaged in such operation.

(Rep. & Reen. Ord. 4364—6/19/07)

The Director shall, at the time a Permit to Operate is issued, and again each time such permit is renewed, issue an appropriate sticker for each mobile food facility, mobile support unit, vending machine, and septic tank pumper to be operated pursuant to that permit. No person shall operate any mobile food facility, mobile support unit, vending machine, or septic tank pumper unless a current sticker issued therefor pursuant to this Section is affixed thereto in a readily visible location, as specified by the Director, at all times during such operation. The sticker is an adjunct to the Permit to Operate and automatically expires when the underlying permit expires or is revoked, and is automatically suspended when the underlying permit is suspended.

(Rep. & Reen. Ord. 4364—6/19/07)

When the Director finds that a valid Permit to Operate or current sticker issued in connection therewith has been lost or destroyed, the Director shall issue a replacement permit or sticker to the permittee upon payment to the Director of the replacement fee established pursuant to Section 4616.

(Rep. & Reen. Ord. 4364—6/19/07)

A Permit to Operate or sticker issued in conjunction with a Permit to Operate is not transferable from one person to another; provided, however, that a valid permit issued to a partnership that is subsequently reorganized by the addition or deletion of a partner may be transferred to the reorganized partnership if the partnership, as reorganized, applies for such transfer in the same manner as for a new permit and pays to the Director the applicable transfer fee established pursuant to Section 4616. A Permit to Operate that is required to be posted at a fixed place of business by Section 4609 may not be transferred to any other place of business. A sticker issued in conjunction with a Permit to Operate a mobile food facility, mobile support unit, septic tank pumper, or vending machine may not be transferred to any other mobile food facility, mobile unit, septic tank pumper, or vending machine.

(Rep. & Reen. Ord. 4364—6/19/07)

(a) Notice to Comply. Whenever it appears to the Director that any food facility, massage business, organized camp, public swimming pool, or septic tank pumper for which a Permit to Operate has been issued is being conducted in violation of this Chapter or any applicable permit, statute, ordinance, regulation, rule or order pertaining to such operation, a written notice to comply shall be issued by the Director to the permit holder.

(b) Notice of Right to Hearing. If the permit holder fails to comply, the Director shall issue to the permit holder a notice setting forth the acts or omissions with which the permit holder is charged and informing the permit holder of the permit holder's right to a hearing, if requested, to show cause why the permit should not be suspended or revoked. Within fifteen (15) calendar days after receipt of the notice, the permit holder may submit to the Director a written request for a hearing. Failure to submit the request within this fifteen (15) day period shall be deemed a waiver of the right to a hearing. When circumstances warrant, the Director may, with or without any request by the permit holder, order a hearing to be held at any reasonable time within this fifteen (15) day period in order to expedite the permit suspension or revocation process.

(c) Notice of Date of Hearing. If the permit holder serves such a request for hearing within such fifteen (15) day period, or if the Director orders the hearing within such fifteen (15) day period, the Director shall thereupon set the date for the hearing and serve the permit holder with at least five calendar days' notice of the time and place of the hearing. The Director may, upon written request of the permit holder, continue any hearing by setting a new time and serving notice upon the permit holder of the time and place of the continued hearing. Failure of the permit holder to appear at the hearing shall be deemed a waiver of the right to a hearing.

(d) Hearing. Unless the permit holder has waived the hearing, the Director shall conduct the hearing at the date, time and place specified in the notice or such other date, time and place as may be mutually agreed to by the Director and the permit holder. The hearing shall be informal and shall not be governed by rules of evidence applicable to courts of law. The permit holder shall have the right to present relevant evidence at the hearing. The Director may, but need not, permit other persons to present relevant evidence.

(e) Decision. At the close of the hearing, or at any time within five working days thereafter, the Director shall issue a written decision in the matter. The decision shall include findings, based upon the preponderance of the evidence accepted at the hearing, as to whether one or more of the acts or omissions with which the permit holder is charged have occurred and, if so, a conclusion as to whether the permit should be suspended or revoked. If the decision is that the permit should be suspended, the decision shall state the terms of the suspension. Notwithstanding the foregoing, if the permit holder has waived the right to a hearing, the Director may issue the decision without a hearing and the findings may be based upon the allegations set forth in the notice of right to hearing rather than upon the preponderance of evidence submitted at the hearing. In either case, the Director shall serve a copy of the written decision upon the permit holder. The decision of the Director shall be final and conclusive.

(f) Invalidation of Permit. A Permit to Operate is not valid while it is suspended or anytime after it has been revoked.

(g) Remedy Not Exclusive. This Section shall not deprive the Director or the County of the authority to pursue any other action or remedy otherwise available to them under the law.

(Rep. & Reen. Ord. 4364—6/19/07)

If the Director determines that a violation of a provision of this Chapter or of any applicable statute, quarantine, order, rule or regulation relating to an operation for which a Permit to Operate has been issued presents an immediate danger to the public health and safety, the Director may, unless the violation is immediately corrected, summarily suspend the permit immediately pending a disposition of the matter pursuant to Section 4613; provided, however, that such summary suspension shall not in any event be for a period of in excess of twenty (20) calendar days. Such summary suspension shall be effected by service upon the permit holder or the person in charge, of notice thereof, together with the notice described in subsection (b) of Section 4613.

(Rep. & Reen. Ord. 4364—6/19/07)

A Permit to Construct or a Permit to Operate may be issued pursuant to this Chapter to a corporation duly authorized to transact business in the state, or for a person operating under a fictitious name who has complied with all the provisions of Chapter 5 (commencing with Section 17900) or Part 3 of Division 7 of the Business and Professions Code. Otherwise, all such permits will be issued in the true name of the applicant. Except as above provided, no business, occupation or activity for which a permit is required by this Chapter, may be conducted under any false or fictitious name. A permit issued to a corporation shall designate such corporation by the exact name which appears in the articles of incorporation of such corporation.

(Rep. & Reen. Ord. 4364—6/19/07)

A fee schedule establishing the following fees shall be adopted, and may be amended from time-to-time, by resolution of the Board of Supervisors:

(a) Permit to Construct fees required by Section 4603;

(b) Permit to Operate fees required by Section 4607;

(c) Replacement fees required by Section 4611; and

(d) Transfer fees required by Section 4612.

The fee schedule may include definitions of subcategories of the various facilities and operations for which a Permit to Construct or a Permit to Operate is required and may establish separate Permit to Construct fees and Permit to Operate fees for each subcategory. The resolution may also establish other fees associated with the implementation and enforcement of this Chapter.

(Rep. & Reen. Ord. 4364—6/19/07)

(a) Notice of Hearing. If it appears to the Director that any person has operated a food facility without a Permit to Operate required by Section 4606 of this Code, the Director may serve such person with a notice of hearing pursuant to this Section. The notice shall do the following:

(1) Describe the violation with which the person is charged and the amount of the civil penalty for such violation;

(2) State that a hearing will be held to determine whether the person has committed such violation and that, if so, the civil penalty will be imposed;

(3) State the date, which will be at least fifteen (15) calendar days after the date of notice, and the time and place of the hearing; and

(4) Include a copy of this Section.

(b) Hearing. The Director shall conduct the hearing at the date, time and place specified in the notice or such other date, time and place as may be mutually agreed to by the Director and the person charged. The hearing shall be informal and shall not be governed by the rules of evidence applicable to courts of law. The person charged and the County shall have the right to present relevant evidence at the hearing. The Director may, but need not, permit other persons to present relevant evidence. The County shall have the burden of proving, by a preponderance of the evidence, that the violation described in the notice of hearing has occurred.

(c) Determination. At the conclusion of the hearing, or within a reasonable time thereafter, the Director shall determine, based upon the preponderance of the evidence accepted at the hearing, whether the violation described in the notice of hearing has occurred. The determination of the Director shall be final and conclusive. Such determination shall be in writing and contain a brief statement of the findings of fact upon which the determination is based. If the determination is that the violation has occurred, the Director shall impose a civil penalty on the person charged in an amount equal to three times the applicable Permit to Operate fee established pursuant to Section 4616. The Director shall serve a written copy of the determination upon the person charged. The civil penalty shall be in addition to any other civil or criminal penalties and any fees (including late payment fees) that may be imposed on account of the violation.

(d) Collection of Penalty. The civil penalty imposed pursuant to this Section may be collected in the same manner as a judgment for damages at law. In addition, the Director may refuse to issue any permit under this Chapter to any person upon whom such civil penalty has been imposed unless and until it is paid in full.

(Rep. & Reen. Ord. 4364—6/19/07)