HomeMy WebLinkAbout24-City Administrator
'elf. OF SAN BERNARDI~ - REQUI!s'T FOR COUNCIL AC...tON
From:
RAYMOND D. SCHWEITZER,
City Administrator
ADMINISTRATION
Subject:
UNIFORM ENVIRONMENTAL HEALTH
CODE
Dept:
Date:
11-24-87
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Synopsis of Previous Council action:
11-19-87 Approval by Legislative Review Committee.
Recommended motion:
Waive further reading of ordinance and layover for final passage.
Raymond D. Schweitzer
Phone:
5122
Contact person:
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
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ORDINANCE NO.
A~ ORDINANCE OF THE CITY OF SAN BERNARDINO, AMENDING
THE MUNICIPAL CODE BY DELETING CERTAIN PORTIONS PERTAINING TO
ENVIRONMENTAL HEALTH AND ADOPTING BY REFERENCE TI~T PORTION OF
DIVISION 3, TITLE III OF THE SAN BERNARDINO COUNTY CODE KNOWN
AS THE UNIFORM ENVIRONMENTAL HEALTH CODE, WITH EXCEPTIONS
THERETO
6 THE MAYOR AND COW10N COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION I. 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17 repealed in their entirety.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:
23 8.01.010 Purpose.
24 8.01.020 Exceptions to adopted code.
25 8.01.030 Remedies/Penalties.
26 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 I-II, 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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1 8.01.030 Remedies/Penalties.
2 It shall be unlawful for any person or entity to
3 deny access, interfere with, prevent, restrict, obstruct, or
4 hinder the Department of Environmental Health Services' (DEHS)
5 employees or agents acting within the scope of their duty or
6 agency. Offering physical resistance or bodily attack upon
7 authorized representatives of DEHS acting within the scope of
8 their duty or agency is a misdemeanor, punishable by imprisonment
9 in the County jail for not less than ten (10) days, without the
10 alternative of a fine.
11 In addition to criminal prosecution, civil action,
12 and every other remedy or penalty provided by law, public
13 nuisance may be abated or enjoined in an action brought by DEHS,
14 or under circumstances immediately dangerous to public health
15 or safety may be summarily abated by DEHS enforcement officers
16 as provided herein or otherwise in the manner provided by law
17 for the summary abatement of public nuisances.
18 Except where punishable as a misdemeanor or felony
19 under State law or herein, any person or entity who violates
20 any provision of this Environmental Health Code (EHC) shall be
21 guilty of an infraction and upon conviction thereof shall be
22 punished by a fine of not less than twenty-five dollars ($25.00)
23 but not exceeding one hundred dollars ($100.00) for a first
24 violation, a fine not exceeding two hundred dollars ($200.00)
25 for a second conviction, within one (I) year, and a fine not
26 exceeding five hundred dollars ($500.00) for the third conviction
27 within one (I) year, the fourth and additional convictions
28 within one (1) year shall be punishable as misdemeanors and
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1 shall be punished by a fine not less than two hundered fifty
2 dollars ($250.00) nor more than one thousand dollars ($1,000.00),
3 or by imprisonment in the County jail for a term not exceeding
4 six (6) months, or both, and such convicted person or entity
5 may in the discretion of the court be adjudged in addition
6 to the above penalties, to be liable to DEHS for all necessary
7 cos.ts incurred in investigation, discovery, analysis, inspection,
8 clean-up, and other actual costs incurred by DEHS or its
9 agents pertaining to the violation.
10 Each day or portion thereof in violation shall be
11 considered a separate and distinct offense. The owner, manager,
12 and operator of every activity or facility subject to the
13 jurisdiction of this EHC shall be responsible for any violation
14 by any employee of any of its provisions. Payment of any
15 penalty or serving any term of imprisonment herein provided
16 shall not relieve any person or entity from the responsibility
17 of correcting the condition constituting the violation."
18 I HEREBY CERTIFY that the foregoing ordinance was
19 duly adopted by the Mayor and Common Council of the City of
20 San Bernardino at meeting thereof, held
21 on the day of , 1987, by the
22 following vote, to wit:
23 AYES: Councilmen
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25 NAYS:
26 ABSENT:
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City Clerk
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The foregoing ordinance is hereby approved this
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2 day of
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, 1987.
Mayor of the City of San Bernardino
Approved as to form and legal content:
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