Chapter 8.46
REGULATION OF FOOD FACILITIES
Sections:
8.46.040 City inspection to identify immediate public health or safety hazards.
8.46.050 Storage and reclamation process.
8.46.060 Violations and penalties.
8.46.070 Public nuisance declared.
8.46.080 Right to administrative hearing.
8.46.010 Purpose and intent.
The purpose of this chapter is to protect the public health, safety, and general welfare by regulating food facilities. (Ord. 1606 § 7, 2023)
8.46.020 Definitions.
As used in this chapter, the terms listed below shall have the meaning assigned them:
(A) “Enforcement officer” means the Los Angeles County Director of the Department of Environmental Health or the City of Palmdale Senior Code Enforcement Officer, and their respective designees.
(B) “Equipment” means any utensil, tool, pot, vessel, container, or other implements used in a hawking or vending operation or activity and any cart, pushcart, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
(C) “Food” means any substance intended for human consumption sold or otherwise provided by a food facility.
(D) “Food facilities” means a food facility as defined in Section 113789 of the California Health and Safety Code. These are commonly referred to as restaurants, markets, delis, cafeterias, mobile food facilities, mobile support units, vending machines, and certified farmers’ markets. This definition also includes commercial food establishments.
(E) “Food preparation” means food preparation as defined in Section 113791 of the California Health and Safety Code.
(F) “Imminent health hazard” means significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that can cause food infection, food intoxication, disease transmission, vermin infestation, or hazardous condition that requires immediate correction or cessation of operation to prevent injury, illness, or death as defined in Section 113810 of the California Health and Safety Code.
(G) “Permit” means the document issued by the Los Angeles County Department of Health that authorizes a person to operate a food facility as defined in Section 113851 of the California Health and Safety Code.
(H) “Responsible party” means the legal owner or the person from whose possession equipment or food was impounded. (Ord. 1606 § 7, 2023)
8.46.030 Right of inspection.
Pursuant to California Health and Safety Code Section 114390, the Enforcement Officer shall have the right to inspect any food facility, or any facility suspected of being a food facility, during the food facility’s hours of operation or at any other reasonable time. (Ord. 1606 § 7, 2023)
8.46.040 City inspection to identify imminent health hazards.
(A) The Enforcement Officer through the City may inspect each food facility at regular intervals to ensure no facility or establishment presents an imminent health hazard. All food facilities shall comply with those requirements set forth in the California Retail Food Code, as amended and appearing in California Health and Safety Code Sections 113700 et seq.
(B) In the event the Enforcement Officer through the City identifies conditions presenting an imminent health hazard, the Enforcement Officer may:
(1) Temporarily suspend the permit and order immediate closure of a food facility pursuant to Health and Safety Code Section 114409 whenever the Enforcement Officer reasonably believes the facility or establishment presents an imminent health hazard; and/or
(2) An Enforcement Officer may impound equipment or food found to be, or suspected of being, unsanitary or in such disrepair that food or equipment may become contaminated or adulterated pursuant to Health and Safety Code Section 114393 or otherwise presents an imminent health hazard.
(C) Whenever a permit is suspended pursuant to subsection (B)(1) of this section as the result of an imminent health hazard, the Enforcement Officer shall issue to the permitholder a notice setting forth the acts or omissions with which the permit-holder is charged, specifying the pertinent code section, and informing the permitholder of the right to a hearing.
(D) Whenever equipment is impounded pursuant to subsection (B)(2) of this section as a result of an imminent health hazard, the Enforcement Officer shall tag the equipment and shall issue a receipt for impound setting forth the imminent health hazard and providing details for reclamation.
(E) Whenever food is impounded pursuant to subsection (B)(2) of this section as a result of an imminent health hazard, the Enforcement Officer may destroy the food upon determination that storage would be unsanitary. If the Enforcement Officer determines that storage of the food is feasible, the Enforcement Officer may tag the food and shall issue a receipt for impound setting forth the imminent health hazard and providing details for reclamation. (Ord. 1606 § 7, 2023)
8.46.050 Storage, reclamation, and disposition process.
(A) Whenever equipment or food is impounded pursuant to PMC 8.46.040(B)(2), the Enforcement Officer shall move the impounded equipment or food to a designated place of storage at the City through the Code Enforcement Division. The City shall maintain a record of the date and manner of coming into possession of the impounded equipment or food, adequate description of the same, and the dates of storage and disposition of the equipment or food.
(B) The impounded equipment or food will be stored and made available for release for a period of 30 days from the date the equipment or food was impounded, after which time, if not claimed, it may be subject to disposition as provided in this chapter or as otherwise provided by law. Upon expiration of that initial 30-day period, the City shall provide one final notice if the responsible party does not seek reclamation pursuant to subsection (B)(1) of this section.
(1) Reclamation. During the 30-day holding period pursuant to subsection (B) of this section, the responsible party may repossess the equipment or food provided he or she presents to the City’s Code Enforcement Division the receipt of impoundment and provides proof of ownership or otherwise provides proof of ownership by, among other methods, describing the location and date when the equipment or food was impounded from public area, and providing reasonably specific and detailed description of the personal property as well as photographic identification, as defined in PMC 1.04.100. If ownership cannot be determined to the satisfaction of the Code Enforcement Division, the City may refuse to return the equipment or food until ordered to do so by a court of competent jurisdiction; however, the impounding agency shall continue to hold the equipment or food until such determination is made.
(2) Disposition Other than Reclamation. If no responsible party seeks reclamation during the 30-day holding period pursuant to subsection (B) of this section, the City may determine how to dispose of the impounded equipment or food pursuant to the following process:
(a) Sixty-Day Final Notice. Upon expiration of the 30-day holding period pursuant to subsection (B) of this section, the Code Enforcement Division will issue a 60-day final notice to the responsible party providing details for reclamation and notice of disposition after expiration of the 60-day final notice period.
(b) City Disposition After Expiration of 60-Day Final Notice. Upon expiration of the 60-day final notice period, any remaining equipment or food not claimed may be appropriated to the City upon order from the City Manager or designee that the equipment or food can be used for a public use. Any equipment or food not appropriated to the City may be sold at a public auction or disposed of in such a manner as deemed appropriate by the City Manager or designee.
(C) The City shall not be required to undertake any search for, or return, any impounded equipment or food stored other than provided in this section. (Ord. 1606 § 7, 2023)
8.46.060 Violations and penalties.
It is unlawful to have any immediate health hazard upon any food facilities within the City and is punishable as set forth in Chapter 1.12 PMC as a misdemeanor, consistent with Health and Safety Code Section 114395. (Ord. 1606 § 7, 2023)
8.46.070 Public nuisance declared.
In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this code shall be deemed a public nuisance and may be abated as such by the City Enforcement Officer as provided in Chapter 8.36 PMC, irrespective of any other remedy hereinabove provided. Each day such condition continues shall constitute a new and separate offense. (Ord. 1606 § 7, 2023)
8.46.080 Administrative hearing.
(A) Request for Hearing.
(1) The owner or other responsible person who was issued a notice pursuant to PMC 8.46.040(C) may contest the Enforcement Officer’s permit suspension by filing a timely and complete request for an administrative hearing on a City-approved form with the Office of the City Clerk, 38300 Sierra Highway, Palmdale, CA 93550, within 15 calendar days from the issuance date of the notice. Failure to file a request for a hearing in the office of the City Clerk within the required period shall have waived the right to a hearing and admitted that the permit suspension was reasonable and justified. In that event, the permit suspension by the Enforcement Officer is final.
(2) A request for a hearing shall state: the date and number of the notice; the address or location of the business; the name, address, telephone and any facsimile numbers, where the person requesting the hearing may be contacted; a statement explaining why he or she believes that the permit suspension was unwarranted; and the date and signature of the person requesting the hearing.
(B) Timing of Hearing.
(1) The hearing will be conducted within 15 days of the date a timely and complete request is received by the office of the City Clerk. The City Clerk or his or her designee will notify the persons requesting the hearing in writing by first class mail of the date, time and place set for the hearing at least five calendar days prior to the date of the hearing. Service of this notice is deemed complete at time of mailing. The failure to receive a properly addressed notice of hearing shall not invalidate any hearing, City action or proceeding conducted pursuant to this chapter.
(C) Hearing Procedures.
(1) At least three City business days prior to the date set for the hearing, the Enforcement Officer and the persons requesting the hearing (or their representatives) shall ensure that a copy of all reports, statements or pictures or other evidence they wish to be considered in connection with the hearing is exchanged so that such information may be considered by the Hearing Officer and all parties to the hearing (by the Enforcement Officer to each person requesting the hearing and by each person requesting the hearing to the City Clerk). Such exchange is to occur by first class mail. However, if the parties agree, the Enforcement Officer and the person requesting a hearing may exchange copies of their evidence via email in addition to or in lieu of first class mail. Failure to receive such documents shall not invalidate any hearing, City action or proceeding conducted pursuant to this Chapter.
(2) The Hearing Officer designated or appointed by the City Manager or his or her designee shall hear all requests for hearings pursuant to this Chapter in accordance with the procedures established herein.
(3) The person requesting a hearing may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be tendered to and received by the office of the City Clerk at least three City business days prior to the hearing. If such person fails to attend the scheduled hearing and does not submit a written declaration in a timely manner, he or she shall be deemed to have waived the right to a hearing. In such an instance, the Hearing Officer shall issue an order and judgment in favor of the City.
(4) At the hearing, the hearing officer shall accept reliable evidence from any person if such evidence bears on the issue of whether suspension of the permit was proper as stated in the notice. The hearing officer is authorized to take testimony and is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a). The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing.
(5) Administrative hearings are informal and formal rules of evidence and discovery do not apply. The City bears the burden of proof to establish, by competent evidence, the existence of circumstances warranting permit suspension, by a preponderance of evidence. The person requesting the hearing and the Enforcement Officer (or their representatives) shall have an opportunity to pre-sent evidence and witnesses and to cross-examine witnesses. A person requesting the hearing may bring an interpreter to the hearing, provided there is no expense to the City therefor. The Hearing Officer may question any person who presents evidence or who testifies at any hearing.
(6) Hearings may be continued once at the request of a person requesting the hearing or the Enforcement Officer who issued the notice and order to abate. The Hearing Officer may also continue the hearing for cause.
(D) Hearing Decision.
(1) Based upon the evidence regarding the suspension of the permit submitted in connection with the hearing, the Hearing Officer shall determine whether the permit suspension was warranted. As soon as is practicable following the close of such hearing, and no later than 14 business days following the close of the hearing unless cause exists therefor, the Hearing Officer shall render a written decision on the matter. If the permit suspension is upheld, the Hearing Officer shall issue an order. The Hearing Officer shall promptly give written notice to the person requesting the hearing and any other interested person who requests, in writing, notice of such decision, including a copy of the order. The order issued by the Hearing Officer shall be deemed a final order and may be judicially reviewed pursuant to California Code of Civil Procedure Section 1094.6. There is no right to an appeal to the City Council. (Ord. 1606 § 7, 2023)
8.46.090 Severability.
If any provision, clause, sentence or paragraph of this chapter, or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provision or application and, to this end, the provisions of this chapter are hereby declared to be severable. (Ord. 1606 § 7, 2023)