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HomeMy WebLinkAboutMC-613 ~. -. ~ 1 2 3 4 5 6 7 8 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. 15 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 Chapters 16 8.39, 8.42 and 8.45 of the San Bernardino Municipal Code are 17 repealed in their entirety. 18 SECTION 3.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: 23 24 25 26 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 11-18-87 I .KC-6B . -I : 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. 28 2 11-18-87 . t MC-613 : ., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 3 11-18-87 HC-6H ! . . . , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 4 11-18-87 " . MC-6'13.- . , \" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The foregoing ordinance is hereby approved this ;13 MA. day of December , 1987. Approved as to form and legal content: I I 11-18-87 ~