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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER I. GENERAL ENVIRONMENTAL HEALTH AND ENFORCEMENT

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER I.
GENERAL ENVIRONMENTAL HEALTH AND ENFORCEMENT

Sec. B11-1. Definitions.

(a) Department means the Department of Environmental Health, Environmental Resources Agency, County of Santa Clara.

(b) Director means the Director of the Department of Environmental Health or designee or duly authorized representative of the County Health Officer pursuant to the authority contained in California Health and Safety Code § 101280(b) or 101030.

(d) Fees mean fees established by resolution of the Board of Supervisors.

(e) Permit means environmental health permit to operate.

(f) Permittee means any person to whom a permit is issued pursuant to this division; any authorized representative, agent or designee of such person; or any person who is required pursuant to this division to obtain a permit but fails to obtain such a permit.

(g) Person means an individual, firm, association, partnership, corporation, and/or public entity.

(h) Qualified registered engineer means an individual who is registered as a professional engineer with the State Board of Registration for Professional Engineers.

(i) Registered environmental health specialist means a person who holds a valid certificate of registration as a registered environmental health specialist issued by the California Department of Health Services.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-2. Reserved.

Sec. B11-3. Environmental health fees--Maximum annual increase.

All fees referenced in this division will be subject to an annual increase based on the percentage change in the Consumer Price Index, All Urban Consumers (All Items), for the San Francisco-Oakland-San Jose, CA area, with the Standard Reference Base (1982-84 = 100), as published by the United States Department of Labor, Bureau of Labor of Statistics. The "annual average" percentage published by the Bureau of Labor Statistics will be used to determine the maximum annual increase. This percentage, which is calculated at the end of each calendar year, is available in January following the end of the previous calendar year. If reasonable program costs exceed the maximum annual increase, an additional fee increase may be established by resolution of the Board of Supervisors. Fees will be rounded to the nearest whole dollar.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-4. Right of entry.

(a) The Director has the right to enter upon any premises at all reasonable times to make inspections and tests as necessary to enforce the provisions of this division and state law. This right of entry will be exercised only at reasonable hours unless otherwise required by an emergency, and entry will be made to any establishment or property only with the consent of the owner, manager, manager's representative, or tenant thereof, or with an inspection warrant or other remedy provided by law to secure entry.

(b) All inspections specified herein will be at the discretion of the Director, and nothing in this division will be construed as requiring the Department to conduct any such inspection nor will any actual inspection made imply a duty to conduct any other inspection. Furthermore, nothing in this division may be construed to hold the County or any officer, employee or representative of the County responsible for any damage to persons or property by reason of making an inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection or by reason of any failure to take any enforcement or remedial action.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-5. Investigation.

The Director may make such investigation of an applicant or permittee and facility or activity as the Director deems necessary to carry out the purposes of this division.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-6. Criminal penalties.

(a) Any person conducting any activity in violation of this division is guilty of a misdemeanor and penalties are as defined in Penal Code § 19. A person is guilty of a separate offense for each and every day during which any portion of that day any violation of any provision of this division is committed or permitted by such person.

(b) Pursuant to California Penal Code § 836.5, the Director or his or her designated representative is hereby empowered to issue citations for violations of this division.

(c) In any criminal action brought pursuant hereto, in which the County prevails, the court will award reasonable expenses, including attorney's fees, incurred by the County in investigation and prosecution of the action.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-7. Civil penalties.

In addition to or in lieu of criminal penalties, any person who violates any requirement of this division will be liable for civil penalties to the full extent provided by state law and this division. The District Attorney or Office of the County Counsel may file a civil action as appropriate. Such liability may include, but is not limited to, liability for administrative civil penalties as provided in Health and Safety Code §§ 25514.5 and 25182. In addition to any other relief that the court deems appropriate, the court shall require the violator to reimburse the County for all costs and expenses related to the violation, including but not limited to staff time, abatement and inspection costs, and reasonable attorneys' fees. To the extent required by Government Code section 25845, in a nuisance abatement action the prevailing party may recover attorneys' fees; however, an award of attorneys' fees against the County shall not exceed the amount of attorneys' fees incurred by the County in the action.

(Ord. No. NS-517.72, § 2, 4-15-03; Ord. No. NS-517.75, § 1, 8-7-07)

Sec. B11-8. Enforcement cost recovery.

(a) A permittee must reimburse the Department for actual costs incurred by the Department for any enforcement activities related to a permit revocation or suspension proceeding.

(b) Upon suspension or revocation of a permit, the Director will provide an invoice for these enforcement costs indicating the total hours expended, the basis for the expenditure, and the hourly cost rate of the Department.

(c) Charges for enforcement costs invoiced by the Department pursuant to this section will be based on hourly rate in an amount established by resolution of the Board of Supervisors.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-9. Remedies not exclusive.

Remedies in this division are in addition to and do not supersede or limit any and all other remedies, civil, criminal or administrative.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-10. Power of Director to make additional regulations.

The Director is hereby authorized to make all necessary rules, regulations, and guidelines as is necessary to carry out the intent of this division.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-11. Professional assistance for Director determinations.

Whenever the approval or satisfaction of the Director may be required in this division for a design, monitoring, testing or other technical submittal by an applicant or permittee, the Director may, at his or her discretion, require the applicant or permittee, at the applicant's or permittee's sole cost and expense, to retain a suitably qualified independent engineer, or chemist, or other appropriate professional consultant, acceptable to the Director, for the purpose of evaluating and rendering a professional opinion respecting the adequacy of the submittal to achieve the purposes of this division. The Director is entitled to rely on the evaluation and/or opinion of the engineer, chemist or professional consultant in making the relevant determinations provided for in this division.

(Ord. No. NS-517.72, § 2, 4-15-03)

Secs. B11-12--B11-19. Reserved.