Yuba County Municipal Code Ch. 6.40 Health Officer Fees

The purpose of this Chapter is to establish fees to partially defray the reasonable expenses of the Health Officer of Yuba County in enforcing State statutes, orders, quarantines, and rules and regulations of the State of California, the Departments of the State of California and local ordinances relating to the public health. It is hereby found that the expenses of the Health Department in performing its duties pursuant to State law and local ordinances of Yuba County are not defrayed by fees prescribed by law.

(Prior Code, § 6.40.010; Ord. No. 658)

The authority for this Chapter is contained in Health and Safety Code §§ 101325 and 101025 and Food and Agricultural Code Div. 15, Pt. 1, Ch. 4, Art. 8 (Food and Agricultural Code § 33251 et seq.).

(Prior Code, § 6.40.020; Ord. No. 658)

This Chapter shall be valid and enforced within the territory in which the Health Department and the Health Officer enforce all State statutes, orders, quarantines, rules and regulations of the State of California relating to public health and including within the incorporated areas or territories of this County.

(Prior Code, § 6.40.030; Ord. No. 658)

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

(1) Health Department means the Sutter-Yuba Health Department, as established by the Joint Powers Agreement made on November 13, 1972, between the County of Yuba and the County of Sutter.

(2) Health Officer means the administrative head of the Health Department, or his duly authorized representative or deputy.

(3) Permit means a written permit or activity approval or entitlement issued by the Health Department approving an activity, business, premises, device, or apparatus in accordance with the health, sanitary, or safety requirements, rules, law, ordinances, or regulations pertaining to the public health and safety.

(4) Person means any individual, partnership, corporation, firm, association, or other public, government, or private entity or establishment.

(5) Receipt means a written statement of service fees received by the Health Department.

(Prior Code, § 6.40.040; Ord. No. 658; Ord. No. 739)

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 permits therefor set forth in Section 13.20.400:

(1) Restaurant. The term "restaurant" as used herein is defined as defined in Health and Safety Code § 118900.

(2) Itinerant restaurant.

(3) Food sales vehicle.

(4) Retail food production and marketing establishment.

(5) Ice plant.

(6) Bakery.

(7) Public swimming pool. The term "public swimming pool" as used herein is defined as defined in Health and Safety Code § 116025.

(8) Vehicles engaged in the cleaning of septic tanks, chemical toilets, cesspools, or sewage seepage pits or disposing of the cleanings therefrom.

(9) Processors of market milk.

(10) Vending machine. The term "vending machine" as used herein is defined as defined in Health and Safety Code § 113938.

(11) Water purveyors for domestic purposes.

(12) Solid waste hauling and disposal vehicles.

(13) Inspection and permit for wiping rag establishments. Which are defined herein as defined in Health and Safety Code § 118450.

(14) Food processing establishment. The term "food processing establishment" as used herein is defined as defined in Health and Safety Code § 109947.

(15) Public beach. The term "public beach" as used herein is defined as defined in the Health and Safety Code § 115875.

(16) Chemical toilet supplier.

(17) Organized camps. The term organized camps is defined as defined in Health and Safety Code § 18897.

(18) Solid waste facility. The term "solid waste facility" is defined as defined in Public Resources Code § 40194.

(19) Centralized wastewater collection, treatment and disposal systems.

(Prior Code, § 6.40.050; Ord. No. 658; Ord. No. 915)

The following Health Department services shall be rendered only after payment of user fees as set forth by resolution or Section 13.20.400:

(1) Examination of plans, specifications and/or designs for:

a. Construction or remodeling or a restaurant.

b. Retail food production and marketing establishment.

c. Bakery.

d. Ice plant.

e. Food processing establishment.

f. Water purveyor.

g. Dairies.

h. Public swimming pools or public beaches.

i. Organized recreational camps and beaches.

j. Mobile home parks.

k. Health facility refuse disposal systems.

l. Solid waste disposal facilities.

m. Schools.

n. Land subdivisions. The term "land subdivision" as used herein is defined as defined in Subdivision Map Act (Government Code § 66410 et seq.).

(b) Examination, inspection and report of the premises and/or plans and specifications, including taking waste samples for and on behalf of the owner of a residence, school, business, mobile home park.

(c) Water sample and report.

(Prior Code, § 6.40.060; Ord. No. 658; Ord. No. 739)

Any person who conducts or proposes to conduct any activity defined in Section 6.40.050 herein shall first apply to the Health Department for a permit or an activity approval or entitlement, on a form to be provided by the Health Department, accompanied by the payment of the fee required hereunder. A permittee or an applicant for such a permit shall provide the Health Officer with any information relevant to the activity or proposed activity when required or demanded.

(Prior Code, § 6.40.070; Ord. No. 658)

The Health Department 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.

(Prior Code, § 6.40.080; Ord. No. 658)

Permits issued hereunder may be revoked by the Health Officer if he 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.

(Prior Code, § 6.40.090; Ord. No. 658)

In the event the Health Officer denies or revokes a permit issued hereunder, and the permittee wishes to contest said finding and revocation, he may do so by filing a written notice of appeal to the Board of Supervisors of Yuba County within ten days of said revocation.

(Prior Code, § 6.40.100; Ord. No. 658)

• Permit; revocation or denial of issuance appeal hearing before Board of Supervisors.

Upon receipt of such a written notice of appeal, the Board of Supervisors shall schedule and set a hearing of said matter to take place within 30 days of receipt of said notice. At said hearing, the Board of Supervisors of Yuba County shall fully hear all persons who are parties to the dispute, or aggrieved by said action, and render a decision thereon, which decision shall be final.

(Prior Code, § 6.40.110; Ord. No. 658)

A permit, other than a temporary permit, issued in any year, shall be valid for the period of 12 calendar months thereafter.

(Prior Code, § 6.40.120; Ord. No. 658)

(a) Permits 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 Health Officer, and a written demand is made by the Health Officer for the filing of an application for a permit under this Chapter. Failure to apply for a new permit within ten days of receipt of such demand shall be penalized as a failure to renew, as is set forth in Section 6.40.140 of this Chapter.

(b) Upon receipt of such an application for a permit, the Health Officer shall issue such a permit upon approval of the activity, and upon payment of a fee. Under such circumstances, the Health Officer shall compute the fee to be charged to cover the period of time between the expiration of said permit and the issuance of a new permit, in addition to the fee for the new period of 12 calendar months thereafter.

(Prior Code, § 6.40.130; Ord. No. 658)

(a) Upon expiration of a permit hereunder, the permittee shall review 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 1½ times the ordinary fee.

(b) If upon an inspection pursuant to this Chapter, the Health Officer 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 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.

(Prior Code, § 6.40.140; Ord. No. 658; Ord. No. 739)

All fees required hereunder shall be paid to the Health Officer of Yuba County.

(Prior Code, § 6.40.150; Ord. No. 658)

A person intending or proposing to conduct an activity regulated hereunder on a temporary basis, may obtain a temporary permit from the Health Department authorizing him 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.

(Prior Code, § 6.40.160; Ord. No. 658)

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

(Prior Code, § 6.40.170; Ord. No. 658)

The Health Officer shall administer this Chapter, and may issue rules and regulations 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.

(Prior Code, § 6.40.180; Ord. No. 658)

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 therefor issued hereunder.

(Prior Code, § 6.40.190; Ord. No. 658)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.