The County of Santa Clara - SCC Public Portal

There is in the County the Environmental Resources Agency, hereinafter in this division referred to as "Agency."

Sec. A33-2. Director of Environmental Resources Agency.

There is in the Agency the position of Director.

Sec. A33-3. Appointment of Director.

The Director is appointed by and is under the supervision of the County Executive. The Director is the executive officer of the Agency.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-4. Director's authority over personnel.

Subject to the provisions of the Charter and this Code, the Director has power to appoint, supervise, suspend or remove all assistants, deputies, clerks and other employees of the Agency.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-5. Administrative powers.

The Director has administrative control over the Agency, and may consolidate the powers and duties of any positions or offices within the Agency to the extent such powers and duties are compatible and not in conflict. The Director is responsible for the preparation of the budget, and has budgetary controls over all matters pertaining to the Agency.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-6. Applicant agreement to hold harmless, indemnify and defend the County.

Except where otherwise expressly prohibited by state or federal law, an applicant for any discretionary land use or development permit, license, authorization, entitlement or other approval from the County or any of the County's officers, agents, employees, boards or commissions must, as a prerequisite for the approval, agree to defend, indemnify and hold harmless the County and its officers, agents, employees, boards and commissions from any claim, action or proceeding brought by any person or entity other than the applicant ("third party") against the County or its officers, agents, employees, boards or commissions that arises from or is an any way related to the approval, including but not limited to claims, actions or proceedings to attack, set aside, void or annul the approval. If a third party claim, action or proceeding is filed, the County will promptly notify the applicant of the claim, action or proceeding and will cooperate fully in the defense. Notwithstanding the above, the County has the right to participate in the defense of any claim, action or proceeding provided the County bears its own costs and attorney fees directly associated with such participation and defends the action in good faith. The applicant will not be required to pay or perform any settlement unless the applicant agrees to the settlement.

(Ord. No. NS-300.708, § 1, 4-15-03)

Secs. A33-7--A33-9. Reserved.

CHAPTER II.
DEPARTMENT OF PLANNING AND DEVELOPMENT

ARTICLE 1.
IN GENERAL

Sec. A33-10. Department recognized.

There is in the Agency the Department of Planning and Development which consists of the Office of Development Services and the Planning Office.

(Ord. No. NS-300.705, § 2, 1-14-03)

ARTICLE 2.
OFFICE OF DEVELOPMENT SERVICES

Sec. A33-11. Director of the Office of Development Services.

There is in the Office of Development Services the position of the Director who is appointed by and is under the supervision of the Agency Director.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-12. Building Official.

There is in the Office of Development Services the position of County Building Official, who is appointed by and is under the supervision of the Agency Director. The Building Official is in charge of and responsible for all building inspection activities and the enforcement of all building codes as adopted by the Board of Supervisors, and such other duties as are prescribed by the Agency Director.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-13. County Surveyor.

There is in the Office of Development Services the position of County Surveyor, who shall be a registered civil engineer of the State. The Surveyor is appointed by and is under the supervision of the Director of the Office of Development Services. In addition to duties and functions required by state law, the County Surveyor shall perform such other duties as are prescribed by the Director.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-14. Street name procedure.

The County Surveyor is the designated County officer responsible for implementing and administering a street name procedure, including holding a noticed public hearing, rendering a decision on the proposed street name change and filing an order with the Board of Supervisors designating the new street name. Any appeal from the decision shall be to the Planning Commission, which, after conducting a noticed public hearing, shall render a decision on the appeal, which decision shall be final.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-15. Tract number issuance.

The County Surveyor is the designated County officer responsible for implementing and administering a procedure for the issuance of tract numbers. An applicant filing for a tract number shall, at the time of filing an application, pay to the County of Santa Clara a fee in the amount prescribed by resolution or ordinance of the Board of Supervisors.

(Ord. No. NS-300.705, § 2, 1-14-03)

Secs. A33-16--A33-19. Reserved.

ARTICLE 3.
PLANNING OFFICE

Sec. A33-20. Planning Director.

There is in the Department of Planning and Development the position of Planning Director who is appointed by and is under the supervision of the Agency Director.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-21. Duties of Planning Director.

The Planning Director shall be responsible for the general formation, adoption and carrying out of policies for improving the physical environment of the County, for promoting the social and economic well-being of its citizens, and for conserving and putting to best use its natural resources, and such other duties as may be prescribed by the Agency Director.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-22. Zoning enforcement.

The Planning Director shall be responsible for enforcing all zoning ordinances.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-23. Technical opinions.

The Planning Director shall render technical opinions to any board or commission requesting the same; and, in the discretion of the Agency Director, any other material prepared by staff of the Agency relative to the matter may be appended for the information of the board or commission in making its decision.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-24. Planning Commission meetings.

The Planning Director may attend the meetings of the Planning Commission and shall be available for technical assistance at such meetings.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-25. Planning Office.

The Planning Office is the Planning Agency under Chapter 3 of Title 7 of Division 1 of the Government Code (Government Code 651000 et seq.) for the following functions:

(a) To prepare, develop and maintain a general plan;

(b) To review periodically the capital improvement program of the County;

(d) To review and report to the County Executive to conformity of the coordinated program of proposed public works for the ensuing fiscal year with the adopted General Plan or part thereof;

(e) To report upon the conformity of public acquisition, dispositions, abandonments or construction with adopted general plans in accordance with of the Government Code § 65402. The provisions of Government Code § 65402(a) shall not apply to:

(1) The disposition of the remainder of a larger parcel that was acquired and used in part for street purposes;

(2) Acquisitions, dispositions or abandonments for street widenings; or

(3) Alignment projects; provided such dispositions for street purposes, acquisitions, dispositions or abandonments for street widenings or alignment projects are of a minor nature;

(f) To report under Government Code §§ 65401, 65402 on the conformity of improvement of streets, authorization or laying of sewers, or other improvements, including public buildings or works (including school buildings) with specific street or highways or open space plans adopted by the Board of Supervisors.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-26. Planning Office and Planning Commission as Planning Agency.

The Planning Office, in combination with the Planning Commission, or either the Planning Office or the Planning Commission, shall be the planning office under Chapter 3 of Title 7 of Division 1 of the Government Code (Government Code § 651000 et seq.), for the following functions:

(a) To develop such specific plans as may be necessary or desirable. It may or, if so directed by the Board of Supervisors, shall prepare specific plans based on the General Plan and drafts of such regulations, programs and legislation as may in its judgment be required for the systematic execution of the General Plan. It may recommend such plans and measures to the Board of Supervisors for adoption.

(b) To investigate and make recommendations to the Board of Supervisors upon reasonable and practical means for putting into effect the General Plan or part thereof, in order that it will serve as a pattern and guide for the orderly physical growth and development of the County and as a basis for the efficient expenditure of its funds relating to the subject of the General Plan. The measures recommended may include plans, regulations, financial reports and capital budgets.

(d) To consult and advise with public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens generally with relation to carrying out the General Plan.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-27. Deferment and waiver of fees.

(a) The Planning Director shall have the authority to defer the payment of any fee, including land development application fees, in individual cases where the applicant has established that advance payment of the fee would constitute an extreme hardship. The Planning Director is authorized to establish reasonable terms and conditions for any deferred payment to secure collection of the fee. The applicant may appeal any decision of the Director to the Board of Supervisors.

(b) The Director shall have the authority to waive fees in whole or in part in the case of any applicant for a permit who can demonstrate he or she is below the poverty level as established by the County Social Services Administration according to the size of the applicant's family.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-28. Supplemental fees.

In those cases when the cost to the County for processing an application with a fixed or flat fee exceeds 400 percent of the amount of the fee, a supplemental fee may be assessed by the Planning Commission. Prior to assessing the supplemental fee, the matter shall be presented to the Planning Commission, and the applicant shall have the opportunity to show cause why the supplemental fee should not be assessed to his or her pending or completed application. The supplemental fee shall equal the actual cost to the County in excess of 400 percent of the fee for processing the application.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-29. CEQA monitoring.

Sec. A33-29.1. Monitoring programs.

Monitoring programs shall be developed for both public and private projects, whether or not such project requires County land use approval, when mitigation measures are imposed to mitigate or avoid significant adverse impacts of a project. The monitoring program shall include all conditions determined to be required to mitigate all potentially significant environmental impacts of a project in accordance with the California Environmental Quality Act (CEQA) and the CEQA guidelines. The decision-making body shall adopt a monitoring program in such cases.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-29.2. Fees.

The environmental assessment fee and mitigation monitoring fee shall be assessed for private projects as described in this section. The amounts of these fees shall be prescribed by resolution of the Board of Supervisors. These fees shall be paid to the Planning Office. The environmental assessment fee is nonrefundable and shall be paid when the determination is made regarding what type of environmental assessment is required. There shall be two types of mitigation monitoring fees: (a) a nonrefundable flat fee for projects for which monitoring and oversight activities are expected to be limited in scope and duration and do not require special expertise; and (b) a project-specific fee for projects for which monitoring and oversight activities are expected to exceed the flat fee because the activities would either be extensive in scope or duration or require special expertise. The amounts of the flat fee and the initial deposit required for the project-specific fee shall be as prescribed by resolution of the Board of Supervisors. The Planning Director shall determine which fee applies to a project prior to project approval. The amount of the flat fee or deposit for the project-specific fee, whichever applies to the project, shall be paid within 14 days of project approval. If the deposit for the project-specific fee differs from the actual cost incurred, either a refund shall be given or an additional payment shall be required to balance the cost incurred and the payment for the services. If this additional payment is not received by the County within a reasonable period of time, the County may take any action authorized by law to collect the actual cost incurred and may also pursue the remedies listed in Section A33-29.3 below. The project-specific fee may include fees established by the Department of Environmental Health to recover for the costs of their monitoring responsibilities.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-29.3. Compliance and enforcement.

(a) In order to ensure compliance and enforcement of the monitoring program adopted for a project, written compliance reports may be required to be submitted to the designated project monitor. The applicant may be required to file a declaration under penalty of perjury to ensure the accuracy of any self-monitoring portions of the program. Additional documents may be required to monitor compliance.

(b) The monitoring program shall be considered a condition of the land use approval for the project. Such program may be enforced in any manner authorized by law, including but not limited to:

(1) The modification or revocation of any land use permit that has been issued.

(2) Issuance of citations for any land use and/or monitoring violations. Citations may be issued by any County official authorized to issue a citation, including but not limited to: the County Surveyor or designee, the Building Official or designee, the Zoning Investigator or designee, and the Director of Environmental Health or designee.

(3) Halting the project construction or operation.

(4) Placing conditions on the land to be included in covenants, conditions and restrictions.

(5) Requiring the monitoring program be incorporated into any construction contract.

(6) Withholding any subsequent permits and/or suspending the processing of any pending permits.

(Ord. No. NS-300.705, § 2, 1-14-03)

ARTICLE 4.
PLANNING COMMISSION

Sec. A33-30. Establishment.

There is hereby established a Santa Clara County Planning Commission. The powers and duties of such Commission shall be as provided by the Charter, by this Code, or by general law not in conflict with such Charter or Code.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-31. Membership and term.

The Planning Commission shall consist of seven members. Five members shall be appointed, one each, by individual supervisors and shall be representatives of the five County supervisorial districts. Two members shall be representatives of the County at large appointed, one each, on a rotational basis by individual Supervisors. The rotational sequence of making these two appointments shall be determined by the Board of Supervisors and thereafter shall continue as so designated.

(Ord. No. NS-300.705, § 2, 1-14-03; Ord. No. NS-300.768, 12-12-06)

Sec. A33-32. Commission and Planning Office as Planning Agency.

The Commission in combination with the Planning Office, or either the Commission or the Planning Office, shall be the planning office under Chapter 3 of Title 7 of Division 1 of the Government Code (Government Code § 65100 et seq.) for the functions enumerated in Section A33-26.

(Ord. No. NS-300.705, § 2, 1-14-03)

Secs. A33-33--A33-39. Reserved.

CHAPTER III.
FIRE PROTECTION AND PREVENTION

ARTICLE 1.
IN GENERAL

Sec. A33-40. Fire Marshal.

There is in the Agency the position of Fire Marshal. The term Fire Marshal includes any person designated by the Fire Marshal to act on his or her behalf.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-41. Duties generally.

The Fire Marshal shall perform the duties and have the responsibilities assigned by this chapter and such other duties as are prescribed by the Director.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-42. Right to enter to inspect.

The Fire Marshal shall have the right to enter any building, structure, vehicle, car, vessel or premises in the County when inspection or investigation is deemed necessary for the purpose of enforcing the provisions of Division B7 of this Code, and state laws pertaining to the prevention of fires and the protection of life and property from fires, which the Fire Marshal shall be empowered to enforce pursuant to his or her status as Fire Marshal or Deputy State Fire Marshal.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-43. Investigation of causes of fires.

The Fire Marshal shall investigate the cause of every fire occurring in the County when the same is of incendiary, suspicious or unknown origin. He or she shall determine whether the fire was caused by carelessness or by design. The investigation shall take place immediately after the occurrence of the fire.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-44. Notice of fire in subjurisdictions.

The chief of the fire protection district in which a fire occurs shall immediately notify the Fire Marshal that a fire has occurred.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-45. Assistance in fire investigation.

The District Attorney and the Sheriff of the County shall assist the Fire Marshal in the investigation of any fire when requested to do so by the Fire Marshal.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-46. Enforcement of standards.

The Fire Marshal shall require conformance with the standards and regulations set forth in Division B7 of this Code; provided, that whenever such standards do not specifically regulate any fire hazard, the Fire Marshal shall apply such standards with the view of obtaining substantial compliance therewith.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-47. Fire prevention regulations.

The Fire Marshal is authorized to make and enforce such rules and regulations for the prevention and control of fire and fire hazards as may be necessary to carry out the intent of this Code.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-48. Modification of standards.

The Fire Marshal shall have the authority to modify the strict application of the fire prevention provisions of this Code, provided that before any such modification, the person or agency desiring such modification shall file an application in writing with the Fire Marshal's office setting forth the exact modification desired. The decision of the Fire Marshal shall be entered upon his or her records, and a signed copy shall be furnished the applicant.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-49. Plan review.

(a) The Fire Marshal shall be responsible to review or cause to be reviewed all plans for construction of all buildings except the interior of dwellings for the purpose of ascertaining and causing to be corrected any condition liable to cause fire, endanger life from fire or any violation of the provisions or intent to Division B7 of this Code and any other ordinance affecting the fire hazard.

(b) The Fire Marshal shall notify the fire department having jurisdiction of all plans received pursuant to Paragraph (a) above, in order to determine whether any building or structure is or will become in excess of adequate access and water supply.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-50. Notice of hazards required.

The Fire Marshal, upon determining that a fire hazard exists in or on any building, structure, vehicle, car, vessel or premises shall notify the person or agency responsible for maintaining the fire hazard, and order the correction or elimination of the same and compliance with Division B7 of this Code. The notice shall be given in writing.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-51. Powers of peace officers; citations.

(a) The Fire Marshal shall have the powers of peace officers while engaged in the performance of duties with respect to the prevention and investigation of fires and the protection and preservation of life and property against the hazards of fire and conflagration.

(b) The Fire Marshal may issue citations for violations of the standards and regulations set forth in Division B7 of this Code.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-52. Abatement of hazard by Marshal.

(a) In the event any person or agency shall fail to comply with the orders of the Fire Marshal or in the event the Fire Marshal is unable to locate the responsible party within a reasonable time, the Fire Marshal may take such steps to abate the fire hazard as the Fire Marshal deems necessary for the protection of the public health and safety; provided, that in no event shall it be necessary to render any such notice prior to abatement when the fire hazard constitutes a clear and present danger.

(b) In order to make the expense of any such abatement a lien upon the property upon which the condition making necessary the abatement exists, the Fire Marshal shall request the Board of Supervisors for authority to abate the hazard and to make the expense of such abatement a lien upon the property, giving prior written notice of the hearing before the Board of Supervisors to the owner of the property.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-53. Fees for checking, inspection services, permits.

The Board of Supervisors may, by resolution, establish a schedule of fees to be charged and collected for checking and inspection services performed and for the issuance of permits. The schedule, when adopted, shall be incorporated by reference as a part of this division as fully as if set forth at length herein. A copy of such resolution shall be kept on file in the office of the Clerk of the Board of Supervisors and in the office of the Fire Marshal, and shall be available for public inspection.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-54. Building Inspector to forward plans.

The Building Inspector will forward to the Fire Marshal one copy of plans [and] specifications received by the Building Inspector when the plans are required to be checked by the Fire Marshal.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-55. Reserved.

Sec. A33-56. Condemnation authority.

The Fire Marshal shall have the authority to condemn the use of any device, equipment, appliance or thing which creates a hazard to life or property or which fails to provide the safety or protection for which it is installed or maintained. A written notice shall be served upon the person having control of the property condemned, to repair or to alter as required. A condemnation tag shall be affixed thereto.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-57. Records and reports.

The Fire Marshal shall retain for not less than three years a record of each inspection, plan review and investigation made showing the cause, the findings and disposition of each inspection, plan review and investigation. All records required to be kept by this section shall be open to the inspection of officials and governmental agencies having a valid reason for inspection of the records.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-58. Appeals.

Any decision of the Fire Marshal with respect to the suitability of alternative materials, alternative methods and types of construction or interpretation or decision under the fire prevention regulations set forth in Division B7 of this Code may be appealed in accordance with the provision of Article 3 of Chapter I of Division C1 of Title C (commencing at Section C1-38) of this Code.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-59. Nonresponsibility.

Neither the public entity nor any department, board, commission, officer or employee thereof shall be held liable or responsible for any damage, or injury caused by or resulting from any inspection, failure to inspect or approval made under the provisions of this Code, or in connection with any other official duty.

(Ord. No. NS-300.705, § 2, 1-14-03)

ARTICLE 2.
FIREWORKS*

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Editor's note--Ord. No. NS-300.734, § 1, adopted October 5, 2004, amended the Code by adding provisions designated as a new Art. 2, §§ A33-60--A33-64. See also the Code Comparative Table.

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Sec. A33-60. State definitions adopted.

For purposes of this article, all words not herein defined shall have the same meanings ascribed to them as under the State Fireworks Law (Health and Safety Code Section 12500 et seq.) and regulations promulgated thereunder.

(Ord. No. NS-300.734, § 1, 10-5-04)

Sec. A33-61. Prohibition on sale, use or discharge of fireworks without permit.

The sale, use, possession or discharge of any fireworks or pyrotechnic devices, including but not limited to "safe and sane" fireworks, anywhere within the unincorporated area of the County of Santa Clara is prohibited unless otherwise allowed by this article.

(Ord. No. NS-300.734, § 1, 10-5-04)

Sec. A33-62. Permits.

The Fire Marshal may issue a permit for the use or discharge of fireworks and pyrotechnic devices only where the persons in charge of the display have obtained a license from the State Fire Marshal for a public display or special effects. The application, investigation and decision process shall be as follows:

(a) Application. All applications shall include the following:

(1) The name of the person or organization sponsoring the proposed activities;

(2) A full description of all proposed activities;

(3) The date and time of day the proposed activities would occur;

(4) The exact location of the activities;

(5) The size and number of all fireworks to be involved in the proposed activities, including the number of set pieces, shells and other items. Shells shall be designated by diameter specifying single, multiple break or salute;

(6) The manner and place of storage of all fireworks;

(7) A diagram of the grounds on which the activities are proposed to occur showing all points at which fireworks are proposed to be stored or discharged, the location of all buildings, roads, and other means of transportation to and from the site, the lines behind which the audience will be restrained, and the location of all nearby trees, telegraph or telephone lines and other overhead obstructions;

(8) Documentary proof of conformance with the insurance requirements of Health and Safety Code sections 12610 and 12611;

(9) A license from the State Fire Marshal for the public display of fireworks or special effects; and

(10) The name and license number of the wholesaler(s) supplying all items used in the display.

(b) Investigation. When evaluating whether a permit should be granted, the Fire Marshal shall evaluate the following:

(1) Whether the proposed activity will be of such character or so located that it may be hazardous to property or dangerous to any person.

(2) Whether the activity will comply with all requirements of the California Fire Code, and the State Fireworks Law (Health and Safety Code Section 12500 et seq.) and regulations promulgated thereunder.

(c) Grant or denial. The Fire Marshal shall exercise reasonable discretion to either grant or deny the permit, and may impose any conditions he or she deems necessary or appropriate to ensure there is no adverse impact to the public health, safety or general welfare.

(Ord. No. NS-300.734, § 1, 10-5-04)

Sec. A33-63. Appeals.

A final decision of the Fire Marshal to grant or deny a permit may be appealed to the Board of Supervisors.

(Ord. No. NS-300.734, § 1, 10-5-04)

Sec. A33-64. Compliance with other federal, state and county laws and regulations.

In addition to obtaining a permit from the Fire Marshal, any use or discharge of any fireworks and pyrotechnic devices shall comply with all other applicable federal, state and local laws and regulations. The issuance of a permit from the Fire Marshal pursuant to this Article shall not obviate the need for a permit for an entertainment event if such a permit is required pursuant to Chapter VI, Division B3 of this Code.

(Ord. No. NS-300.734, § 1, 10-5-04)

CHAPTER IV.
DEPARTMENT OF PARKS AND RECREATION

ARTICLE 1.
IN GENERAL

Sec. A33-65. Department recognized.

There is in the Agency the Department of Parks and Recreation.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-66. Parks and Recreation Director.

There is in the Department the position of Parks and Recreation Director, who is appointed by and is under the supervision of Agency Director.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-67. Duties of Director.

The Parks and Recreation Director shall administer, operate and maintain existing parks and recreation facilities, and plan for the acquisition, development and operation of proposed facilities in accordance with policies formulated by the Board of Supervisors, and attend meetings of the Parks and Recreation Commission. He or she shall perform such other duties as may be prescribed by the Agency Director.

(Ord. No. NS-300.705, § 2, 1-14-03)

Secs. A33-68, A33-69. Reserved.

ARTICLE 2.
PARKS AND RECREATION COMMISSION

Sec. A33-70. Establishment.

There is hereby established, pursuant to and in accordance with Sections 500 and 506 of the Charter, a Santa Clara County Parks and Recreation Commission.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-71. Membership and term.

The Commission shall consist of seven members. Five members shall be appointed, one each, by individual Supervisors and shall be representative of the five County supervisorial districts. Two shall be representatives of the County at large to be appointed, one each, on a rotational basis by individual Supervisors. The rotational sequence for making these two appointments shall be determined by the Board of Supervisors and thereafter shall continue as so designated.

Each Commissioner shall have a term of four years and until his or her respective successor is appointed and qualified. No member shall be eligible to serve on such Commission for more than three consecutive terms. A vacancy shall exist and shall be reported to the Board of Supervisors whenever a Commissioner fails to attend more than three consecutive regular meetings of the commission without good cause entered into its minutes.

(Ord. No. NS-300.705, § 2, 1-14-03; Ord. No. NS-300.766, 12-12-06)

Sec. A33-72. Organization.

The Commission shall organize itself in accordance with Section 506 of the Charter, and the Clerk of the Board of Supervisors shall be ex officio secretary of the Commission and shall provide secretarial assistance to the Commission.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-73. Duties; purposes.

The Commission shall act in an advisory capacity to the Board of Supervisors in promoting, aiding, encouraging and conducting public recreation, including the development of recreation and park facilities and programs therefor, and shall act in an advisory capacity to the Board of Supervisors in the planning, maintenance, development and operation of all recreational areas and facilities owned, controlled or leased by the County. It shall study and make recommendations to the Board of Supervisors on the acquisition and development of recreation areas and facilities such as, but not by way of limitation, playgrounds, parks, beaches, pools, campsites and other recreational facilities.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-74. Expenditures; requisitions.

No expenditures or requisitions for services and supplies shall be made, and no claims for reimbursement shall be submitted for payment, without the approval of a majority of the members of the Commission. The secretary of the Commission shall be responsible for preparing and processing all expenditures, requisitions and claims.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-75. Reserved.

ARTICLE 3.
FISH AND GAME COMMISSION

Sec. A33-76. Establishment.

There is hereby established a Santa Clara County Fish and Game Commission.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-77. Membership.

The Commission shall consist of five members, each of whom shall be familiar with fish and game problems with the County. The five positions shall be allocated among the five County supervisorial districts and be appointed by the individual Supervisor of each respective district. The members shall serve without compensation and at the pleasure of the Board of Supervisors. The term of each member shall be four years. No member shall be eligible to serve on such Commission for more than three consecutive terms in addition to any portion of any unexpired term which may have been served.

(Ord. No. NS-300.705, § 2, 1-14-03; Ord. No. NS-300.775, 12-12-06)

Sec. A33-78. Organization.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-79. Expenditures; requisitions.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-80. Duties.

The Commission shall investigate all requests for the expending of the moneys in the County fish and game propagation fund and shall make written recommendations to the Board of Supervisors appertaining thereto. Requests may be initiated by members of the Commission or by any member of the public. Any investigation shall be for the purpose of determining whether the expenditure is in the interest of propagation and conservation of fish and game within the County. The Board of Supervisors may provide by resolution for the expenditure of funds by the Commission for specified purposes. The Commission shall investigate and shall make written recommendations to the Board of Supervisors on all other fish and game matters within the County which are declared by state law to be within the authority of the Board of Supervisors.

(Ord. No. NS-300.705, § 2, 1-14-03)

Secs. A33-81--A33-89. Reserved.

CHAPTER V.
DEPARTMENT OF AGRICULTURE AND RESOURCE MANAGEMENT

ARTICLE 1.
IN GENERAL

Sec. A33-90. Department recognized.

There is in the Agency the Department of Agriculture and Resource Management.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-91. Director of Agriculture and Resource Management.

There is in the Department the position of Director who is also the Agricultural Commissioner/Sealer. The Director is appointed by and is under the supervision of the Agency Director. The Agricultural Commissioner/Sealer is also under the direction and control of the Secretary of the Department of Food and Agriculture, State of California and the Director of the Department of Pesticide Regulation, State of California, in the performance of any and all duties imposed by the Food and Agricultural Code of the State of California.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-92. Duties of the Director of Agriculture and Resource Management.

The Director shall have administrative control over the following divisions: Animal Care and Control, Integrated Waste Management, Pollution Prevention, Agriculture, and Weights and Measures. The Director shall perform other duties as may be prescribed by the Agency Director.

(Ord. No. NS-300.705, § 2, 1-14-03)

Secs. A33-93--A33-99. Reserved.

CHAPTER VI.
DEPARTMENT OF ENVIRONMENTAL HEALTH

ARTICLE 1.
IN GENERAL

Sec. A33-100. Department recognized.

There is in the Agency the Department of Environmental Health.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-101. Director of Environmental Health.

There is in the Department the position of Director of Environmental Health, who is appointed by and is under the supervision of the Agency Director. The Department Director shall be a registered environmental health specialist in the State of California as provided in the State Health and Safety Code.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-102. Powers and duties of the Director of Environmental Health.

The Director shall exercise the powers and fulfill the duties pertaining to all environmental health programs as prescribed by any statute, rule, regulation, resolution, or order. The Director shall also be responsible for the administration of such other environmental health programs as may, from time to time, be created or required under federal or state law, or formal action of the Board of Supervisors.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-103. Expanded powers and duties.

Pursuant to Health and Safety Code § 101280, whenever, in any statute, regulation, resolution, or order, a power is granted to, or a duty is imposed upon the County Health Officer or County Health Department pertaining to environmental health and sanitation services, the powers and duties are to be administered by the Director of Environmental Health.

(Ord. No. NS-517.72, § 4, 4-15-03)