HomeMy WebLinkAboutMC-613
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ORDINANCE NO. HC-6i3
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, AMENDING
THE MUNICIPAL CODE BY DELETING CERTAIN PORTIONS PERTAINING TO
ENVIRONMENTAL HEALTH AND ADOPTING BY REFERENCE TlffiT PORTION OF
DIVISION 3, TITLE III OF THE SAN BERNARDINO COUNTY CODE KNOWN
AS THE UNIFORM ENVIRONMENTAL HEALTH CODE, WITH EXCEPTIONS
THERETO
THE MAYOR AND COMl10N COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Findings. Existing provisions of chapter(s)
9 8.01, 8.39, 8.42 and 8.45 of the Municipal Code of the City of
10 San Bernardino pertaining to health and sanitation and environ-
11 mental health are inappropriate in view of recent extensive
12 revisions to and renumbering of Division 3, Title III of the
13 San Bernardino County Code, now known as the Uniform Environmenta
14 Health Code, previously adopted by reference by this City.
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SECTION 2. Repeal of Certain Provisions. Chapters
16 8.39, 8.42 and 8.45 of the San Bernardino Municipal Code are
17 repealed in their entirety.
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SECTION 3. Amendment of Certain Provisions. Chapter
19 8.01 of the San Bernardino Municipal Code is amended to read:
20 CHAPTER 8.01
21 ENVIRONMENTAL HEALTH CODE (EHC)
22 Sections:
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8.01.010 Purpose.
8.01.020 Exceptions to adopted code.
8.01.030 Remedies/Penalties.
8.01.010 Purpose.
27 Pursuant to California Health and Safety Code Section
28 480 et seq., 500 et seq., 1155.5, Title 17 of the California
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1 Administrative Code, and other relevant state law, for the
2 protection of the environmental public health, the issuance of
3 permits and collection of fees, and providing penalties and
4 remedies for the violation of such regulations, there is hereby
5 adopted by the City of San Bernardino as its Environmental
6 Health Code, that certain code known as the Uniform Environmental
7 Health Code, being Chapters 1-11, Division 3, Title III of the
8 San Bernardino County Code, except as provided in Section 8.01.020
9 following. This code also specifically adopts Title III,
10 Division 8, Chapters 1 through 11, inclusive, of the San
11 Bernardino County Code, entitled "Underground Storage of
12 Hazardous Substances". The City of San Bernardino designates
13 the San Bernardino County Department of Environmental Health
14 Services (DEHS) as the enforcement agency for the purpose of
15 this Environmental Health Code and all state law pertaining
16 to environmental health. Pursuant to California Government Code
17 Section 50022.6, a copy of said code is on file in the office
18 of the City Clerk of the City of San Bernardino and the same
19 is hereby adopted and incorporated as fully as if set out at
20 length herein.
21 8.01.020 Exceptions to adopted code.
22 The Environmental Health Code is amended, changed, or
23 deleted as follows:
24 Chapter 8 - Article 1 - Refuse Storage is deleted.
25 Chapter 8 - Article 2 - Refuse collection is deleted.
26 Article 6 - Designated Maintenance Areas
27 is deleted.
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8.01.030 Remedies/Penalties.
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 violates
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 (1) year, and a fine not
exceeding five hundred dollars ($500.00) for the third conviction
within one (1) year, the fourth and additional convictions
within one (1) year shall be punishable as misdemeanors and
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shall be punished by a fine not less than two hundered 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."
I HEREBY CERTIFY that the foregoing ordinance was
duly adopted by the Mayor and Common Council of the City of
San Bernardino at
regular
meeting thereof, held
on the
2).st
day of
Decembe r
, 1987, by the
following vote, to wit:
AYES:
Council~me.(I}.b_ers ,._Estrada, _~~i,lly, FLores, Maudsley,
Minor, Pope~Ludlam, Miller
NAYS: None
ABSENT: None
~7?&ddJL/
City Clerk
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The foregoing ordinance is hereby approved this ;13 MA.
day of
December
, 1987.
Approved as to form and legal content:
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