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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER II. ENVIRONMENTAL HEALTH PERMITS AND FEES

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

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CHAPTER II.
ENVIRONMENTAL HEALTH PERMITS AND FEES

ARTICLE 1.
GENERAL

Sec. B11-20. Purpose and authority.

The purpose of this chapter is to establish a permit system for activities subject to local ordinance, state statutes, orders, quarantines, and rules or regulations relating to public health and environmental health. Department expenses resulting from implementation of this division are to be offset by permit fees collected. The authority for this chapter is contained in California Health and Safety Code §§ 25404.5, 101280(d) and 113920.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-21. Permits.

(a) Prior to the commencement of any activity for which this division requires a permit, the applicant must first apply for and obtain the required permit from the Director.

(b) The Director will review the permit application for accuracy and completeness, and may make an examination of the premises, buildings, equipment, and apparatus associated with the requested permit. If the Director finds the proposed activity to be in accordance with the laws and regulations of the State, local ordinances, and requirements of the Director, a permit will be issued after receipt of payment of the required permit fee(s).

(d) No person may conduct any activity for which this division requires a permit without such a permit. If a permit is not obtained prior to the commencement of any activity requiring a permit pursuant to this division, in addition to the fee for the permit, the applicant may be subject to a penalty equal to 25 percent of the permit fee.

(e) Upon change of ownership, the new owner must apply for a permit within ten calendar days of commencing any activity for which this division requires a permit. If after ten calendar days the new owner has not submitted the required application(s) for the required permit(s), in addition to the permit fee(s), the new owner may be subject to a penalty equal to 25 percent of the permit fee(s).

(f) A permit may be suspended or revoked for cause.

(g) Before resuming any activity for which a permit was suspended, the Director may reinstate the permit upon determination that conditions that prompted the suspension no longer exist. Before resuming any activity for which a permit was revoked, an applicant must obtain a new permit upon application and payment of a new permit fee.

(h) The permit(s) required by this division will be in addition to any other license or permit required by this County or by any other public jurisdiction.

(i) The permit will expire on the last day of the month of purchase of the succeeding year and will be renewable from year to year upon payment of the fee required by resolution of the Board of Supervisors, or upon payment of fee plus penalties.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-22. Permit fees.

(a) Annual permit fees are required to be paid to the Department for each unit, location or facility needing a permit. Such fees will be established by resolution of the Board of Supervisors.

(b) No refund or rebate of a permit fee will be allowed by reason of the fact that the permit is denied, or the permittee discontinues the permitted activity or use of a facility prior to the expiration of the term, or that the permit is suspended or revoked prior to the expiration of the term.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-23. Delinquency date; penalty.

In the case of a permit or registration renewal, the delinquency date is the day after the expiration date. If any fee required by this division is not paid prior to the delinquency date, in addition to the fee, the applicant will pay a penalty equal to 25 percent of the unpaid balance.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-24. Geographic area of application.

Permits required by this division will be required of any business or activity within the area in which the Director enforces any state statute, local ordinance, order, quarantine, rule or regulation relating to public health or environmental health, whether within or outside an incorporated city. Enforcement within cities is pursuant to California Health and Safety Code § 101375 and as indicated in Chapter XV.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-25. Multiple activities.

If a person engages in, conducts, manages, or carries on at the same time more than one of the activities herein defined by this division, that person will be deemed to be engaging in, conducting, managing or carrying on each activity separately and apart from the other activity, whether located on the same premises or not, and must pay the permit fee for each separate activity.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-26. Fictitious names.

A permit may be issued pursuant to this division to a corporation duly authorized to transact business in this State, or to a person operating under a fictitious name who has complied with all of the provisions of Chapter 5 of Part 3, Division 7 of the Business and Professions Code (Business and Professions Code § 19800 et seq.) of this State or any statute superseding or taking the place of that code section. Otherwise, all permits must be issued in the true name of the individual or individuals applying therefore. Except as above provided, no business so permitted may operate under any false or fictitious name. A permit issued to a corporation must designate the corporation by the exact name that appears in the articles of incorporation of that corporation.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-27. Temporary permits.

An applicant may apply for a temporary permit if the applicant certifies in writing to the Director that the business, activity or occupation can only be carried on for a limited time because of:

(a) The seasonal nature of the occupation, business or activity; or

(b) Statutory or ordinance regulations or restrictions; or

(d) Acquisition by the public of the premises on which the occupation or business or other activity is situated; or

(e) Any other reason approved by the Director.

Upon presentation of the certification and acceptance by the Director, a temporary permit may be issued for any period specified by the Director, not to exceed 30 days; and the permit fee will be 25 percent of the annual permit fee for that activity.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-28. Transfer of permit.

(a) The permit is nontransferable except for a mobile food facility, a refuse collection vehicle, liquid waste pumper vehicle, or greasewaste handler. If, during the permit year, a mobile food facility, refuse collection vehicle, liquid waste pumper, or greasewaste vehicle must be replaced and is taken entirely out of the business and a new one is to be used as a replacement, the Director may transfer the permit to the new vehicle or facility.

(b) If a permit is issued to a partnership and the partnership is changed by the addition or deletion of partners, the permit may be transferred to the new partnership if the new owner/partnership makes application for a transfer and pays a transfer fee in an amount as established by resolution of the Board of Supervisors.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-29. Identification.

The Director may issue, in conjunction with any permit required by this division, further identification in the form of a license plate, decal or gummed sticker. Upon issuance of same, the Director will advise the permittee as to where this identification is to be affixed.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-30. Posting of permit.

(a) Every person having a permit required by this division and conducting, managing or carrying on a business or occupation at a fixed place of business must keep the permit posted and exhibited, while in force, in some conspicuous part of the place of business.

(b) A vehicle permit issued under the provisions of this division must be maintained with the vehicle at all times while the vehicle is being operated in the conduct of the business.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-31. Carrying permit if no fixed location.

Every person having a permit required by this division and not having a fixed place of business must carry the permit with him or her at all times while carrying on the business or occupation for which it was granted.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-32. Exhibition of permit on request.

Every person having a permit required by this division must produce and exhibit the same whenever requested to do so by the Director or any duly authorized agent of the Director.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-33. Denial, suspension, or revocation of permit/hearing.

Except as otherwise specifically provided by state law or Ordinance Code provision, all permit denial, suspension or revocation procedures will be as follows:

(a) The Director may deny, suspend, or revoke any permit issued under this division for any of the following causes, arising from acts or omissions of the permittee:

(1) Whenever the Director determines that the permit holder fails to meet the requirements of the permit, local ordinances, or applicable state law or regulations;

(2) Fraud, willful misrepresentation, or any willful inaccurate or false statement in applying for a new or renewed permit;

(3) Fraud, willful misrepresentation, or any willful inaccurate or false statement in any report required by this division;

(4) Any of the grounds upon which the permit would be subject to immediate revocation.

(b) The Director will serve notice on the applicant or permit holder, by United States mail addressed to the business address shown on the application or permit, of the Director's intention to deny, suspend, or revoke the permit on the grounds stated therein. The notice will also state that the applicant or permit holder has 15 days within which to request a hearing or the permit will be denied, suspended, or revoked. When circumstances warrant, the director may order a hearing at any reasonable time within this 15-day period to expedite the permit suspension or revocation process.

(c) The hearing will be held by the Director or authorized designee within 15 calendar days of receipt of a request for a hearing. The Director's decision will be final.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-34. Immediate permit suspension or revocation.

(a) Except as otherwise specifically provided by state law or Ordinance Code provision and notwithstanding Section B11-33, the Director may immediately suspend or revoke a permit if the Director determines that the permitted activity is imminently hazardous to public health, safety, or welfare. Imminently hazardous means any condition, based upon inspection findings or other evidence, that can cause disease transmission or an unsafe or hazardous condition, including but not limited to, contamination of drinking water, sewage contamination, or an unsafe public pool.

(b) The Director will serve on the permit holder, within 48 hours of the suspension or revocation, written notice of the grounds for the immediate suspension or revocation of the permit. The permit holder may appeal the suspension or revocation by filing a written notice with the Director within 15 calendar days of the suspension or revocation.

(c) If an appeal is requested, a hearing will be conducted by the Director within 15 calendar days of the date the request is received. The Director's decision will be final.

(Ord. No. NS-517.72, § 2, 4-15-03)

Secs. B11-35--B11-39. Reserved.

ARTICLE 2.
PLAN AND CONSTRUCTION APPROVAL

Sec. B11-40. Submittal of plans.

No person may begin construction, reconstruction or alteration of any facility or auxiliary structure or equipment of any facility defined in this division without first submitting plans and specifications to the Director. In addition, the Director may require other information as necessary to determine if the facilities comply with all laws and regulations of the State of California and the County of Santa Clara. The plans, specifications and other information will be reviewed and approved by the Director before any permits are issued.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-41. Application for approval.

(a) Application. To obtain approval, an applicant must first file a written application to the Director on a form furnished by the Director for that purpose. Every application must:

(1) Identify and describe the work to be covered by the approval for which the application is made.

(2) Describe the property on which the proposed work is to be done by legal description, street address or similar description that will readily identify and locate the proposed building or work.

(3) Indicate the use or occupancy for which the proposed work is intended.

(4) Be accompanied by plans, diagrams, computations, specifications, and other data as required by Subsection (b) of this section.

(5) Be signed by the applicant, or the applicant's authorized agent.

(6) Provide other data and information as may be required by the Director.

(b) Plans and specifications. Plans, engineering calculations, diagrams, and other data must be submitted with each application for approval. Plans are not required to be prepared by an architect or engineer. However, the Director may require plans, computations, and specifications to be prepared and designed by an engineer or architect licensed by the State to practice in those fields even if not required by state law to be so licensed.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-42. Plan check fees.

With the submission of plans, specifications and supporting data as required in Section B11-41 of this chapter, a plan check fee must be paid to the Director as established by resolution of the Board of Supervisors.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-43. Plan approval.

(a) Issuance. The application, plans, specifications, computations, and other data filed by an applicant for approval will be reviewed by the Director. Upon approval, the Director will endorse in writing or stamp the plans and specifications "APPROVED." The approved plans and specifications must not be changed, modified, or altered without authorization from the Director, and all work must be done in accordance with the approved plans.

(b) Expiration of application for plan approval. Applications, for which no approval is granted within 180 days following the date of application, will expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Director. The Director may extend the time for action by the applicant for a period not exceeding 60 days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action to be taken. No application will be extended more than once. In order to renew action on an application after expiration, the applicant must resubmit plans and pay a new plan check fee.

(c) Retention of plans. One set of approved plans, specifications, and computations will be retained by the Director for a period of not less than 90 days from date of completion of the work covered by approval; and at least two sets of approved plans and specifications will be returned to the applicant, one set of which must be kept on the site of the work at all times during which the work approved is in progress.

(d) Validity of approval. The granting of approval of plans, specifications, and computations is not be construed to be a permit for, or approval of, any other jurisdiction. The granting of approval based on plans, specifications, and other data will not prevent the Director from thereafter requiring the correction of errors in the plans.

(e) Expiration. Every approval granted by the Director under the provisions of this chapter will expire by limitation and become null and void if the construction, reconstruction, alteration, or other work authorized by the approval has not commenced within 180 days from the date of approval. Before the work can be recommenced, a new approval must be obtained. The fee for the new approval will be 25 percent of the amount required for the original plan check fee. Any applicant holding an unexpired plan approval may apply for an extension of the time within which work may commence under that plan approval. The Director may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant. No approval will be extended more than once.

(f) Suspension or revocation. The Director may, in writing, suspend or revoke an approval whenever the approval was issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-44. Inspections.

(a) General. All work for which approval is granted is subject to inspection by the Director. Approval, as a result of an inspection, is not to be construed as an approval of any other jurisdiction. The applicant must leave all work accessible and exposed during inspection.

(b) Inspection construction card. The approved plan and construction card must be posted or otherwise made available to allow the Director to conveniently make the required entries regarding inspection of the work. The plan and construction card must remain available by the applicant until final approval is granted.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-45. Reinspection fees.

In the event that a permittee is required by the Director to make changes and/or corrections in a facility or other activity requiring a permit, for the purpose of bringing the facility or activity into compliance with the provisions of this division and/or state law, the Director will charge the permittee a reinspection fee for each and every reinspection performed by the Director after the first inspection following the direction to correct, until the necessary changes and/or corrections are made. The reinspection fee will be established by resolution of the Board of Supervisors.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-46. Service fees.

A service fee will be charged for services not otherwise covered by fees noted elsewhere in this division, including but not limited to consultation services, plan reviews of existing permitted activities, equipment evaluations and reviews, site evaluations, and investigations. The service fee will be established by resolution of the Board of Supervisors. No part of this fee will be refundable.

(Ord. No. NS-517.72, § 2, 4-15-03)

Secs. B11-47--B11-49. Reserved.