West Covina Municipal Code § 13-22 Adoption of county health code and licensing provisions

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Editor's note— Ord. No. 2479, § 1, adopted Apr. 6, 2021, repealed former Art. II, §§ 13-16—13-20, and enacted a new Art. II as set out herein. Former Art. II pertained to similar subject matter and derived from Ord. No. 1050, 9-10-68; Ord. No. 2022, § 2, 10-6-98; Ord. No. 1287, § 1, 12-22-75.

This article shall be known as the West Covina Health Code.

(Ord. No. 2479, § 1, 4-6-21)

It is the intent of this article to provide regulations and standards for certain operations, enterprises or activities which, if not regulated, may adversely affect the public health. It is further the intent to provide regulations and standards that equal or exceed all applicable state laws. It is declared that if this article's provisions do not encompass all of the statutes or state regulations, that such statutes and regulations are included and required for conformance as a part of this article. These regulations and standards are established to provide a healthful community living and working environment; to reduce conditions favorable to the harboring and breeding of insects, rodents and other vermin; to prevent the spread of disease and related human discomfort; to reduce the hazards of fire; and to prevent unsightliness which may result in the depreciation of property values and interfere with the comfortable enjoyment of life.

(Ord. No. 2479, § 1, 4-6-21)

Subject to the amendments, deletions, and additions set forth in this article, the provisions of Division 1 (Health Code) of Title 11 (Health and Safety) of the Los Angeles County Code, including the rules and regulations appended thereto in accordance with section 11.02.160 of said Code, and the provisions of Division 1 (Public Health Licenses) of Title 8 (Consumer Protection, Business and Wage Regulations) of the Los Angeles County Code, are adopted by reference as the West Covina Health Code.

A certified copy of Division 1 of Title 11 of the Los Angeles County Code as adopted by the city, including the rules and regulations appended thereto, and of Division 1 of Title 8 of the Los Angeles County Code as adopted by the city, shall be kept on file and available for public inspection during normal business hours in the office of the city clerk.

(Ord. No. 2479, § 1, 4-6-21)

The following rules shall govern the interpretation of the provisions of this article and of the provisions adopted by reference herein, including the related rules and regulations:

(a) As used herein, "county health code" refers to Division 1 of Title 11 and Division 1 of Title 8 of the Los Angeles County Code, as adopted and amended in this article.

(b) Unless the context otherwise requires, whenever the word "county" appears in the county health code, it shall be interpreted and deemed to mean "city."

(c) Unless the context otherwise requires, whenever the word "Los Angeles" appears in the county health code, it shall be interpreted and deemed to mean "West Covina."

(d) Unless the context otherwise requires, whenever the phrases "county health officer" or "director" appear in the county health code, they shall be interpreted and deemed to mean the director of the city's health department.

(e) The provisions of the county health code and of the West Covina Municipal Code shall be construed so as to supplement one another. If any apparently conflicting or inconsistent provisions may not reasonably be so construed, the provisions of the West Covina Municipal Code shall prevail.

(f) The definition or regulation of any activity, condition, or structure in the county health code shall not be interpreted or deemed to allow the conduct of any such activity, or the construction or maintenance of any such condition or structure, as may be otherwise prohibited or restricted by any other laws of the city heretofore or hereafter adopted.

(Ord. No. 2479, § 1, 4-6-21)

To provide consistency between this article and the provisions of the Los Angeles County Code adopted herein, the actual section of the Los Angeles County Code shall be retained in this article and shall be preceded by the prefix 13-20-1. For example, a violation of the posting requirements for letter grades, section 8.04.752 of the Los Angeles County Code, shall be cited as a violation of this Code, section 13-20-1-8.04.752.

(Ord. No. 2479, § 1, 4-6-21)

The county health code, as adopted by section 13-22 of this article, is amended as follows:

(a) Section 8.04.720 of the county health code is amended to reflect the city's fee schedule, as adopted by resolution of the city council and as amended from time to time.

(b) Section 8.04.728 is amended to reflect the city's service charges, as adopted by resolution of the city council and as amended from time to time.

(Ord. No. 2479, § 1, 4-6-21)

(a) Criminal penalties.

(1) General. Violation of any of the provisions of this article or the county health code adopted by reference herein is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.

(2) Operating without a public health license or permit. Violation of section 8.04.932 of the county health code is a misdemeanor punishable by fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

(3) Violation of health officer orders. Violation of any rule, regulation, order or directive prescribed by the health officer, after notice, is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.

(4) Continuing violations. Each day during any portion of which any violation of any provision of this article or the county health code is committed, continued or permitted shall constitute a separate offense.

(b) Administrative penalties.

(1) General. Violation of any of the provisions of this article or the county health code adopted by reference herein may be punished as a criminal offense or by the issuance of an administrative citation in accordance with article X of chapter 15 of this Code. The administrative fines shall be in the amounts set forth in article X of chapter 15 of this Code, or such greater fine amounts as authorized by California law. In the event of an inconsistency between the authorized amount of such fines pursuant to article X of chapter 15 and of those authorized by California law, the greater fine amount may be imposed.

(2) Operating without a public health license or permit. Violation of section 8.04.932 of the county health code may be punished as a criminal offense or by the issuance of an administrative citation in accordance with article X of chapter 15 of this Code.

(3) Violation of health officer orders. Violation of any rule, regulation, order or directive prescribed by the health officer, after notice, may be punished as a criminal offense or by the issuance of an administrative citation in accordance with article X of chapter 15 of this Code.

(Ord. No. 2479, § 1, 4-6-21)

If any fee required by this article or by the county health code adopted by reference herein is not paid prior to the delinquency date, in addition to such fee, the licensee or permittee shall pay a penalty equal to twenty-five (25) percent of the fee or fifty dollars ($50.00), whichever is greater, plus an additional amount equal to one and one-half (1.5) percent of the license or permit fee owed for each month the fee plus penalties remain delinquent, commencing the first day of the first calendar month that begins at least sixty (60) days after the delinquency date.

(a) If the fee and penalty as described in subsection (a) is not paid within ninety (90) days after the delinquency date, a certificate of lien may be recorded against the licensee or permittee as authorized by Section 101345 of the California Health and Safety Code.

(b) Upon recordation of a certificate of lien described herein, an additional penalty fee of fifteen dollars ($15.00) shall be paid by the licensee or permittee.

(Ord. No. 2479, § 1, 4-6-21)