Chapter 8.04

Sections:

8.04.010 Definitions.

8.04.020 Area of application.

8.04.030 Permit required.

8.04.040 Separate permits required for separate activities.

8.04.050 Permit issuance.

8.04.060 Permit--Term--Fee proration--Payment due when.

8.04.070 Exhibition of permit.

8.04.080 Exemption from permit fee.

8.04.090 Permit fees.

8.04.100 Fees for extended service.

8.04.110 Lost permits.

8.04.120 Environmental health service fees.

8.04.130 Services not specifically described.

8.04.140 Unpaid fee or penalty--Lien.

8.04.150 Investigation of violation--Health officer authority.

8.04.160 Permit suspension or revocation--Conditions.

8.04.170 Suspension of revocation--Hearing.

8.04.180 Legal actions.

8.04.190 Delinquency and other violations--Penalties.

THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN ORDAINS AS FOLLOWS:

Section 1. This ordinance shall take effect and be in full force on and after the 1st day of July, 2008, and shall be published once in The Bakersfield Californian, a newspaper of general circulation, published in the County of Kern, State of California, together with the names of the members of the Board of Supervisors voting for and against the same.

Section 2. Chapter 8.04, Title 8 of the Kern County Ordinance Code is hereby amended to read as follows:

8.04.010 Definitions.

The definitions contained in this section apply to this chapter.

1. "Annual inspection" means an inspection of a facility which occurs once a year.



2. "Application" means an administrative form that records owner, operator and facility information prior to approval and issuance of a permit.



3. "Application for waiver" means the application for waiver required by the Land Division Ordinance, Division II of Title 18 of this code.



4. "Biennial Inspection" means an inspection of a facility which occurs once every two years.



5. "Body art" means tattooing, body piercing and permanent cosmetic applications.



6. "Business plan program" means the hazardous materials release response plans and inventory provided by businesses necessary to prevent or mitigate the damage to the health and safety of persons and the environment from the release or threatened release of hazardous materials into the workplace and environment. The business plan includes the inventory of information required by Section 25509 of California Health and Safety Code 6.96, and emergency response plans and procedures that would be implemented in the event of a reportable release or threatened release of a hazardous material.
   1. "Business plan program" means the hazard posed by chemicals stored at a facility as referenced by their inclusion in Table 1, 2 or 3 of California Code of Regulations, Title 19, Section 2770.5. High risk facilities are facilities that store one or more chemicals as listed in Table 1 or 3, moderate risk facilities are facilities that store one or more chemicals as listed in Table 2, and low risk facilities are facilities that do not store any chemicals listed in Table 1, 2 or 3.
   
   
   
   2. "Storage unit" means the number of different locations within each facility where inventoried materials are stored.
   
   
   
   3. "Volume" means the total quantity of inventoried materials normalized to consistent measures. One gallon of liquid is equal to one unit, one pound of a solid is equal to 0.11 units, and one cubic foot of gas is equal to 0.275 units.
      
      
      1. "Large volume" means greater than 55,001 units.
      
      
      
      2. "Medium volume" means between 5,501 and 55,000 units.
      
      
      
      3. "Small volume" means less than 5,500 units.



7. "California accidental release prevention program (CalARP)" means the program that requires facilities with high risk hazardous materials to file spill response plans and outline proposed implementation measures in the case of an accidental release or spill of a hazardous material.
   1. "Complex process" means a facility using one or more chemicals in a process that involves any of the following: multiple valves and piping, process reaction vessels, or processes that are temperature and or pressure dependent.
   
   
   
   2. "High risk" facility means the same as a Program 3 facility as defined in Part 68 (commencing with Section 68.1 (d)) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations.
   
   
   
   3. "Low risk" facility means the same as a Program 1 facility as defined in Part 68 (commencing with Section 68.1 (b)) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations.
      
      
   4. "Moderate risk" facility means the same as a Program 2 facility as defined in Part 68 (commencing with Section 68.1 (c)) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations.
      
      
   5. "Simple process" means a facility using one chemical in a simple process.
   
   
   
   6. "Special Complex" shall mean a facility that manufactures or refines a product or is determined to utilize multiple, complex processes.



8. "Certified unified program agency (CUPA)" means the department responsible for the permitting, inspection and enforcement of six hazardous materials programs within one point of contact and fee system.



9. "Class II and Class III disposal sites" shall have the meanings prescribed by Article 2, Subchapter 15, Chapter 3, Title 23 of the California Administrative Code (commencing with Section 2510) as amended from time to time.



10. "Community event" means an event that is of civic, political, public, or educational nature, including state and county fairs, city festivals, circuses, and other public gathering events approved by the local enforcement agency.



11. "Complaint inspection" means the investigation by the health officer of an allegation that a violation of orders or ordinances of the board of supervisors, or of orders, quarantines or regulations of the state department of health services or state statutes is occurring or has occurred within the jurisdiction of the health officer.



12. "Concentrated animal feeding operation (CAFO)" means a facility where cattle, calves, swine, chickens or turkeys are corralled, penned, stabled, or otherwise restricted in confined, concentrated groups in enclosures such as corrals, pens, stables, hutches or bird houses for commercial agricultural purposes; where fed or maintained for 45 days or more in any 12-month period. These commercial animal feeding operations include farms, stockyards, feedlots, dairies, poultry ranches, and hog ranches which are located on parcels zoned as “Exclusive Agriculture” of 20 or more gross acres and contain 81 or more hoofed animals, and/or parcels zoned as “Exclusive Agriculture” or “Limited Agriculture” of 20 or more gross acres and contain 1,761 or more poultry birds, used for commercial agricultural purposes.



13. "CURFFL water system" means water that complies with the standards for transient noncommunity water systems pursuant to the California Safe Drinking Water Act (Chapter 4 commencing with Section 116270 of Part 12), to the extent permitted by federal law.



14. "Director of environmental health services" means the chief administrator of the environmental health services department, a designee of the health officer. All provisions referring to “health officer” shall also be applicable to the director of environmental health services.



15. "Employee housing" means any living quarters, dwelling, boarding house, tent, bunkhouse, mobilehome or other housing accommodations, including employee housing or a labor supply camp, maintained in connection with any work or place where work is being performed, whether or not rent is involved, and including the premises upon which they are situated or the areas set aside by an employer for the parking of mobilehomes or camping of five or more employees.



16. "Food facility" means any facility, as defined by California Health and Safety Code, California Retail Food Code, commencing with Section 113700.



17. "Food facility – market high risk" means a permanent retail food facility, including, but not limited to, markets, bakeries, and food processors that sell and/or serve food and whose practices and procedures pose a high risk of foodborne illness or disease outbreak.



18. "Food facility – market low risk" means a permanent retail food facility, including, but not limited to, markets, bakeries, and food processors that sell and/or serve food and whose practices and procedures pose a low risk of foodborne illness or disease outbreak.



19. "Food facility – market moderate risk" means a permanent retail food facility, including, but not limited to, markets, bakeries, and food processors that sell and/or serve food and whose practices and procedures pose a moderate risk of foodborne illness or disease outbreak.



20. "Food facility plan review" means the review of plans and specifications for food facility as defined above, and which plan submission is required pursuant to California Health and Safety Code, California Retail Food Code, commencing with Section 113700.



21. "Food facility plan review" means the review of plans and specifications for food facility as defined above, and which plan submission is required pursuant to California Health and Safety Code, California Retail Food Code, commencing with Section 113700.



22. "Full waste permit" means a solid waste facilities permit that is obtained pursuant to procedures set forth in Article 3.1, Chapter 5, Title 14, California Code of Regulations.



23. "Full waste permit – other" means any full waste permit that is not Class II or Class III as described by Article 2, Subchapter 15, Chapter 3, Title 23 of the California Administrative Code (commencing with Section 2510) as amended from time to time.



24. "Hazardous waste generator" means a business that generates hazardous material waste.



25. "Health officer" means the health officer of the county of Kern or his duly authorized representative.



26. "Hotel/motel" means any structure or any portion of a structure, including but not limited to any lodging house, rooming house, dormitory, public club or other place containing one or more guest rooms, which is occupied by, or intended or designed for occupation by, two or more persons, whether or not the rent is paid in money, goods, labor or otherwise. “Hotel/motel” does not include any hospital, sanitarium, special-care home, asylum, orphanage, children’s home, home for the aged, jail, detention home or any other building or structure in which human beings are housed and detained under legal restraint. For the purpose of this title, every 100 square feet of floor area in a dormitory shall be deemed to be a room.



27. "Land application of biosolids" means the application of biosolids from publicly-owned treatment works (POTW) to land for agricultural or soil amendment purposes. Biosolids consist of solid, semi-solid and liquid residues which include scum and solids removed in primary, secondary and advanced treatment of wastewater.



28. "Land development" means the “Standards and Rules and Regulations for Land Developments–Sewage Disposal, Water Supply, and Preservation of Environmental Health and Air Quality” as issued and amended from time to time.



29. "Medical waste" means waste which is generated or produced as a result of: (a) diagnosis, treatment or immunization of human beings or animals, (b) in research pertaining thereto, (c) in the production or testing of biological or (d) the accumulation of properly contained home-generated sharps waste that is brought by a patient, a member of his or her family, or by a person authorized by the enforcement agency, to a point of consolidation approved by the enforcement agency pursuant to California Health and Safety Code, Chapter 6.1, and is all of the following:
    1. Biohazardous waste (California Health and Safety Code, Chapter 6.5);
    2. Sharps waste (California Health and Safety Code, Chapter 6.5).



30. "Medical waste generator" means any person, whose act or process produces medical waste and includes, but is not limited to, a provider of health care as defined in subdivision (d) of Section 56.05 of the Civil Code.



31. "Medical waste generator ambulance" means a company which utilizes vehicles specifically equipped to transport sick or injured persons.



32. "Medical waste generator common storage facility" eans any designated accumulation area that is onsite and used by medical waste generators who generate less than 200 pounds of medical waste per month, and otherwise operate independently, for the storage of medical waste for collection by a registered medical waste hauler.



33. "Medical waste generator fixed facility type I (large)" means a facility which provides inpatient care at locations composed of more than one floor and/or more than two buildings, or provide outpatient care services at a facility composed of more than two buildings, and generate 200 pounds of medical waste per month in a 12-month period.



34. "Medical waste generator fixed facility type II (small)" means a facility which may provide inpatient care at locations composed of a single level and less than three buildings, outpatient services at locations of less than three buildings, any other business which otherwise generates two hundred pounds of medical waste per month in a 12-month period, or may generate less than 200 pounds per month of medical waste but uses onsite treatment of the medical waste.



35. "Medical waste generator limited exemption hauler" means a medical waste generator who generates less than 20 pounds of medical waste per week, transports less than 20 pounds of medical waste at any one time, and the generator or parent organization complies with the requirements of Section 118030 of the California Medical Waste Management Act.



36. "Mobile food facility high risk" means a vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail and whose practices and procedures pose a high risk of foodborne illness or disease outbreak.



37. "Mobile food facility low risk" means a vehicle, including, but not limited to, produce vehicle, ice cream truck, and push cart that may be used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail and whose practices and procedures pose a low risk of foodborne illness or disease outbreak.



38. "Mobile food facility moderate risk" means a vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail and whose practices and procedures pose a moderate risk of foodborne illness or disease outbreak.



39. "Notification permit" means a type of regulatory oversight pursuant to procedures set forth in Articles 3.0 and 3.1, Chapter 5, Title 14, California Code of Regulations.



40. "Organized recreational camp" means a site with programs and facilities established for the primary purpose of providing an outdoor group living experience with social, spiritual, educational or recreational objectives for five days or more during one or more seasons of the year.



41. "Person" means any individual, firm, partnership, joint venture, association, corporation, estate, trust, receiver, syndicate, city, county or other political subdivision, or any other group or combination acting as a unit.



42. "Proposed subdivision (tentative map)" means a subdivision map required by the land division ordinance and the subdivision regulations of this code.



43. "Public swimming pool/spa pool" means an artificial basin, chamber or tank used or intended to be used for swimming, wading, diving, or other recreational purposes. Public swimming pool shall apply to and include all facilities described in Section 65503 of Title 22 of the California Code of Regulations, as amended from time to time. Public spa pool means a pool, not used under medical supervision, that contains water of elevated temperature, and incorporates a water jet system, an aeration system or a combination of the two systems.



44. "Public swimming pool/spa pool – closed" means a public swimming pool or public spa pool that has been drained and is inactive.



45. "Public swimming pool/spa pool plan review" means the review of plans and specifications for any public swimming pool/spa pool as defined above and which plan submission is required pursuant to California Health and Safety Code, commencing with Section 116038.



46. "Quarterly inspection" means an inspection of a facility which occurs every three months.



47. "Refuse vehicle" means a self-propelled device driven on public streets, roads or highways for the purpose of collecting or transporting refuse, rubbish or garbage for a fee of money, and includes vehicles that transport bins or trailers for that purpose.



48. "Registration permit" means a solid waste facilities permit that is obtained pursuant to procedures set forth in Articles 3.0 and 3.1, Chapter 5, Title 14, California Code of Regulations.



49. "Sewage pumping vehicle" means any vehicle used in whole or in part in the pumping and transportation of sewage and related materials from septic tanks, seepage pits, cesspools or grease traps.



50. "Sponsor of a community event" means a person or organization that is in control of any community event at which one or more temporary food facilities operate.



51. "Standardized permit" means a solid waste facilities permit obtained pursuant to procedures set forth in Articles 3.0 and 3.1, Chapter 5, Title 14, California Code of Regulations.



52. "Temporary food facility" means a food facility approved by the enforcement officer that may be readily disassembled for storage or for transporting, and readily assembled to its original integrity at a different location, is easily movable, and operates at a fixed location for the duration of an approved community event or at a swap meet.



53. "Temporary food facility – high risk" means a temporary food facility whose practices and procedures pose a high risk of foodborne illness or disease outbreak.



54. "Temporary food facility – low risk" means a temporary food facility whose practices and procedures pose a low risk of foodborne illness or disease outbreak.



55. "Temporary food facility – moderate risk" means a temporary food facility whose practices and procedures pose a moderate risk of foodborne illness or disease outbreak.



56. "Toilet rental agency" means a business that rents or leases any portable room or compartment constructed for use in the deposition of human feces and urine at a temporary location, including any vehicles utilized exclusively in the serving of such units.



57. "Underground storage tank operating permit" means any tank or combination of tanks, including the pipes connected thereto, which are used by a single business entity at a single location for the storage of hazardous substances and which are substantially or totally beneath the surface of the ground.



58. "Underground storage tank plan review and inspection" means the review of plans and onsite construction inspection for storage tanks proposed to contain hazardous materials underground, or for storage tanks which contain or contained hazardous materials and are proposed to be permanently closed, permanently abandoned, removed, constructed or modified.



59. "Underground storage tank tightness test" means the review of an underground tank tightness test as required by the underground storage of hazardous substances regulations, Chapter 8.48 of this title.



60. "Vending machine" means any self-service device which upon insertion of money or tokens dispenses food without the necessity of replenishing the device between each vending operation. “Vending machine” does not include any device dispensing exclusively peanuts, nuts, popcorn, ballgum or hard candy, prepackaged candy, cookies, crackers, ice, or snacks and beverages which are not potentially hazardous.



61. "Waste facility" shall include but not be limited to:
    1. A disposal site for the deposition of solid waste;
    2. A place presently used or intended to be used for the deposition of waste;
    Facilities or operations used to receive, temporarily store, separate, convert or otherwise process the materials in solid wastes or transfer the solid wastes directly from smaller or larger vehicles for transport. Operators which receive 60 cubic yards or less of waste per operating day are designated as “limited volume transfer operations.” Facilities which receive 61 to 99 cubic yards of waste per operating day are designated as “small volume.” Facilities which receive greater than 99 cubic yards of waste are designated “large volume” as used in this title;



62. "Waste facility exemption" means a solid waste facility which has been exempted by the local enforcement agency (LEA) from the requirement of a solid waste facility permit according to Title 14, California Code of Regulations, Section 18215 criteria.



63. "Water hauler" means any person who transports water used for or intended to be used for domestic purposes by anyone other than himself or his immediate household. “Water hauler” shall not include any facility inspected or licensed by a state or federal agency.



64. "Water purveyor" means any person who, from any source, furnishes or supplies water to the public through a “state small” water system as defined in California Health and Safety Code, Section 4010.1, subsection (k), as amended from time to time. “Water purveyor” shall not include any water hauler.



65. "Water sample" means those samples required to be taken pursuant to Title 22, California Code of Regulations, Sections 64421 and 64431, as amended from time to time.



66. "Water system" means a transient non-community water system that supplies water to a permitted retail food establishment.



67. "Well" means any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the ground; or used for purposes of observation or monitoring of the groundwater basin or soils lithology; or for cathodic protection. “Well” does not include the following:
    1. Oil and gas wells or geothermal wells constructed under the jurisdiction of the Department of Conservation of the State of California, unless such wells are converted to use as water wells;
    2. Wells used for the purpose of:
       1. Dewatering excavations during construction, or
       2. Stabilizing hillsides on earth embankments;
    3. Springs.

8.04.020 Area of application.

The environmental health permit fee prescribed by this chapter shall be required for any business or activity within the area in which the health officer enforces orders or ordinances of the board of supervisors, state statutes or orders, regulations or rules prescribed by the State Department of Public Health within or without an incorporated city.

8.04.030 Permit required.

Any person conducting any business, occupation or other activity listed in this chapter within the geographic area under the jurisdiction of the health officer shall apply for an environmental health permit on the form provided, shall pay to the health officer the prescribed fee and penalty, if any, and shall at all times possess said permit. The environmental health permit is not transferable.

8.04.040 Separate permits required for separate activities.

If a person engages in, conducts or carries on at the same time more than one of the activities for which an environmental health permit is required by this chapter, he shall be deemed to be engaged in, conducting or carrying on each activity separately and apart from each other. A separate permit is required for each activity, whether located on the same premises or not. Those facilities regulated by the California Retail Food Code operated at the same location by the same permit holder shall be deemed one activity as determined by the director.

8.04.050 Permit issuance.

When the director of environmental health services receives an application and permit fee, and when he is satisfied that the business, occupation or activity is in compliance with the applicable state statutes, orders, rules and regulations and county ordinances relating to public and environmental health, he shall issue or renew the permit.

8.04.060 Permit – Term – Fee proration – Payment due when.

Environmental health permits shall be valid from the date of issuance and remain in effect as long as the business, occupation or activity remains in compliance with state statutes, rules, regulations, orders and county ordinances relating to public and environmental health or as otherwise approved by the director of environmental health except as described in subsection (C) of this section. Any person who becomes subject to the requirements of this chapter shall pay the applicable fee according to the following schedule:

1. July, August, September, October, November, December — the full fee.
2. January, February, March, April, May, June — one-half (½) the cost of the fee.
3. Permits for employee housing shall be issued on the basis of the calendar year as provided by state law.
4. Notwithstanding the term of the permit, a yearly fee shall be due and payable on July 1st of each and every year.
5. The annual fee for underground storage tank permit to operate and the annual administrative fee for each business that must submit a business plan shall each be due and payable within 30 days of invoicing.
6. New food facilities and change of ownership of food facilities shall pay the application fee and the permit fee in advance of the final inspection and prior to approval and issuance of the health permit.

8.04.070 Exhibition of permit.

Every person issued an environmental health permit under the provisions of this chapter and having a fixed place of business shall keep the permit posted and exhibited in some conspicuous part of the place of business. Every person not having a fixed place of business shall have the permit with him while carrying on the business or activity for which the permit was issued.

8.04.080 Exemption from permit fee.

The Director of Environmental Health Services shall issue a permit without requiring a fee to:

1. Any blind person who would otherwise be entitled to a permit if such a person files with the health officer a certificate, issued by a licensed physician and surgeon or by the Department of Rehabilitation of the State of California, that he is a blind person. As used in this section, a blind person is a person having not more than a ten percent (10%) visual acuity in the better eye with correction;
2. Any person which conducts exclusively for charitable purposes an activity for which a permit is required under this chapter and which is exempt from payment of income taxes under Section 501 (c)(3) of the United States Internal Revenue Code and Section 23701d of the California Revenue and Taxation Code. Proof of an entitlement to this exemption from the fee requirement shall be demonstrated by affidavit filed with the Director of Environmental Health Services;
3. Any person that is exempt from a permit fee under Section 6103 of the California Government Code as amended from time to time.
4. Any person at the discretion of the Director of Environmental Health Services.

8.04.090 Permit Fees.

The environmental health permit fee for each establishment, business or activity shall be established by uncodified ordinance.

8.04.100 Fees for extended service.

1. The director of environmental health services may charge a fee for more than one inspection if more than one inspection is necessary to obtain or to determine compliance or to give consultation. A fee may be charged for a compliance hearing.
2. Fees shall be based on a charge of one hundred dollars ($100) per hour and are over and above the cost of the health permit. These fees, accompanied by an invoice, shall be billed to the permit holder within 90 days of the service rendered. The bill is due and payable within 30 days after mailing. The permit holder shall remit the fee(s) plus any penalty, if any, to the director of environmental health services by the due date.
3. Failure to pay the fee due within 60 days of the billing is an infraction.

8.04.110 Lost permits.

In the event a permit is lost, the director of environmental health services shall issue a duplicate permit upon payment of six dollars ($6).

8.04.120 Environmental health service fees.

1. Fees for services rendered, accompanied by an invoice, will be billed to the consumer/user within 90 days of the performance of the work. The amount is due and payable in full and shall be remitted to the director of environmental health services within 30 days after mailing. Water sampling fees may be billed and payment required one year in advance of services.
2. Failure to pay within 60 days of the billing is an infraction.
3. The fee for an application or plan review must be submitted with the application or plan review and prior to any inspection being conducted. Failure to submit fee shall render the application or plan review void.
4. Fees for services performed by the Kern County Environmental Health Services Department shall be established by uncodified ordinance.

8.04.130 Services not specifically described.

The director of environmental health services may charge for the services rendered by the personnel of the department of environmental health services that are necessary to the performance of their duties as required by law. The charge will be based on a per-hour fee of one hundred dollars ($100).

8.04.140 Unpaid fee or penalty -- Lien.

If any fee or penalty required by this chapter remains unpaid for 90 days after the delinquency date, the director of environmental health services may authorize a direct assessment against the real property in cases where the real property is owned by the operator of a business or the permittee and the property is the subject of the enforcement, or a certificate of lien may be recorded, as authorized by Sections 510 – 510.7 of the California Health and Safety Code.

8.04.150 Investigation of violation -- Authority.

The director of environmental health services may conduct a hearing for the purpose of investigating any violation of this chapter.

8.04.160 Permit suspension or revocation -- Conditions.

If the director of environmental health services determines at any time that applicable laws pertaining to any business, occupation or activity regulated by this chapter have not been complied with, he may suspend or revoke the permit after first issuing and serving upon the permittee a notice setting forth in clear and concise language the acts or omissions with which the permittee is charged and informing him of his right to a hearing.

8.04.170 Suspension or revocation -- Hearing.

1. At any time within 15 days after service of notice of intent to suspend, revoke or deny a permit, the permittee or applicant may request a hearing before the director of environmental health services to show cause why his permit should not be denied, suspended or revoked. Failure to request a hearing within 15 days shall be deemed a waiver of the right to such hearing. The hearing shall be held within 15 calendar days of the receipt of a request for a hearing.
2. For good cause the director of environmental health services may order a hearing at any reasonable time within the 15-day period to expedite the permit suspension or revocation process. Upon written request of the permittee and good cause therefore, the health officer may postpone any hearing.
3. At the conclusion of the hearing, the director of environmental health services shall issue a written notice of decision to the permittee within five working days following the hearing. In the event of a suspension or revocation, the notice shall specify the acts or omissions with which the permittee is charged, and shall state the terms of the suspension or that the permit has been revoked.
4. If any immediate danger to the public health or safety is found, unless the danger is immediately corrected, the director of environmental health services may temporarily suspend the permit and order the business, occupation or activity closed. "Immediate danger to the public health and safety" means any condition, based upon inspection findings or other evidence, that may cause food infection, food intoxication, disease transmission or hazardous conditions including but not limited to unsafe food temperature, sewage contamination, nonpotable water supply, unsafe hazardous materials storage/handling, or an employee on the premises who is a carrier of a communicable disease.
5. Whenever a permit is suspended as the result of an immediate danger to the public health or safety, the director of environmental health services shall issue the permittee a notice setting forth the acts or omissions with which the permittee is charged, specifying the pertinent code provisions and informing the permittee of his rights as specified in this section and Section 8.04.160.

8.04.180 Legal actions.

No provision of this chapter shall be interpreted to exempt any person from any action initiated by the environmental health services department as may be required in the enforcement of state statutes, rules or regulations, or local ordinances.

8.04.190 Delinquency and other violations -- Penalties.

1. If any fee required by this chapter is not paid or mailed and postmarked prior to or on the delinquency date, the applicant shall pay in addition to such fee a penalty equal to fifty percent (50%) of the fee. The term "delinquency date" means: in the case of a renewal, it shall be July 31st; for the annual renewal fee for underground storage tank/facility operating permit or annual fee for a business that must submit a business plan, it shall mean 30 days after invoicing; in the case of a change of operators/owners or a newly established business activity, excluding food facilities, it shall mean 30 days after the change or commencement of the business or activity; and in the case of an extended service fee, it shall mean 30 days after the invoicing.
2. Failure to obtain or possess an environmental health permit as required by this chapter is a misdemeanor.
3. Failure to pay the fee due and penalty, if any, within 60 days of the billing is an infraction.

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