Chapter 7.52 JUVENILE BOARDING HOMES

(A) “Building Inspector” means the duly appointed and acting Building Inspector of the County of Santa Cruz, or his deputies or employees authorized to act in his place and stead.

(B) “Child” means any boy or girl who has passed his or her sixteenth birthday but not his or her eighteenth birthday. “Children” means more than one child, as defined in this subsection.

(C) “Fire Marshal” means the California State Fire Marshal, his agents, deputies or employees authorized to act in his place or stead, and requested by the Board of Supervisors to make fire safety inspections in the County.

(D) “Health Officer” means the duly appointed and acting Public Health Officer of the County of Santa Cruz, or his deputies or employees authorized to act in his place and stead.

(E) “Juvenile boarding home” means any institution, establishment, foster home, or any similar place located in the County of Santa Cruz, irrespective of ownership, which provides or offers to provide room, board or other care for two or more girls or boys who are not related to each other, and who have passed their sixteenth but not their eighteenth birthday, unrelated to any person owning the same or in charge thereof, and not receiving such board, room or care from any parent, and not subject to regulation or control under any existing State law or County ordinance.

(F) “Person” means and includes any individual, corporation, partnership, company or other association, and the agents, employees and servants thereof.

(G) “Probation Department” means the Probation Department of the County of Santa Cruz, and its agents and employees duly authorized to act on behalf of such department. [Ord. 615, 1960; prior code § 11.35.010].

7.52.020 Health permit—Required—Operation regulations.

(A) No person shall temporarily or permanently, alone or in conjunction with others, establish, maintain, conduct or operate any juvenile boarding home, as defined in this chapter, without first obtaining a health permit issued by the Health Officer as is hereinafter provided.

(B) All conduct, operation and maintenance thereof shall be subject to all of the inspections, directives, orders, rules and regulations of, by and from the inspecting authorities, as hereinafter set forth. [Ord. 615, 1960; prior code § 11.35.020].

7.52.030 Health permit—Applicability.

(A) Each health permit is personal to a particular applicant and to particular premises designated in the application, and may not be transferred.

(B) No permit issued under this chapter shall be deemed to have value for sale or exchange as property, and it shall be a misdemeanor for any person, whether acting as principal, agent, broker or otherwise, to sell or attempt to sell or otherwise trade or deal with any permit for commercial purposes. [Ord. 615, 1960; prior code § 11.35.150].

7.52.040 Health permit—Application, fee, expiration and delinquency.

(A) Application. Applications for health permits and renewals thereof shall be filed with the Health Officer upon such forms as he may prescribe.

(B) Fees. The permit fee for the calendar year or any part thereof during which the permitted activity is carried on and for renewal thereof shall be that established by resolution of the Board of Supervisors.

(D) Expiration of Permits. Each permit shall expire on December 31st of the current year; provided, such permit may be renewed without penalty on or before February 15th next following the expiration date.

(E) Delinquent Permits. Permittees who do not renew the permit on or before February 15th shall pay the extra amount established by resolution of the Board of Supervisors. [Ord. 1662, 1971; prior code § 11.35.030].

7.52.050 Health permit—Inspection prior to issuance.

(A) Health permits, as herein required, shall not be issued in the absence of specific findings and determinations by the Health Officer that all health, hygienic, safety and sanitary standards of the premises sought to be licensed are in full compliance with and satisfy such standards as are required by this chapter.

(B) The Health Officer shall make and issue such rules and regulations as he deems best for the operation of any juvenile boarding home, at such times as he deems advisable. Compliance therewith shall be a condition precedent to the retention of any license or permit issued under the provisions of this chapter. [Ord. 615, 1960; prior code § 11.35.070].

7.52.060 Building fire inspection.

Health permits, as herein required, shall not be issued or renewed in the absence of favorable reports accompanying each permit application, and prepared and issued by the Building Inspector and the Fire Marshal asserting that any structure or premises to be used for the purposes of a juvenile boarding home have been inspected and:

(A) Are structurally safe and sound; and

(B) Do not constitute a fire hazard. [Ord. 615, 1960; prior code § 11.35.050].

7.52.070 Zoning compliance for premises.

Health permits, as herein required, shall not be issued in the absence of a favorable report accompanying each permit application and issued by the County Planning Commission, asserting that the proposed location and use of the structures and premises are not in conflict with or contrary to the County zoning ordinance and rules and regulations issued thereunder. [Ord. 615, 1960; prior code § 11.35.060].

7.52.080 Right to preliminary inspection.

A prospective operator, when contemplating the construction or purchase of a building intended to be used for a juvenile boarding home, shall have the right to request and to receive evaluation and suggestions of the Health Officer, the Building Inspector and the Fire Marshal, for the purpose of assuring that the premises will be suitable for the purpose intended, and will meet the requirements of this chapter. Such prospective operator shall be required to pay to the County the actual cost of said evaluation and suggestions. [Ord. 615, 1960; prior code § 11.35.160].

7.52.090 Health permit—Expiration.

Every health permit or license issued under the provisions of this chapter shall expire 12 months from the date of its issuance. Applications for renewal shall be filed at least 90 days prior to the expiration of each health permit or license. Notice of nonrenewal shall be given by the Health Officer at least 30 days prior to the expiration of each health permit or license. If the application for renewal is not so filed, the permit or license shall terminate at the expiration date. [Ord. 615, 1960; prior code § 11.35.120].

7.52.100 Health permit—Revocation conditions.

(A) For failure to comply with the provisions of this chapter, or with the Health Officer’s rules, orders or regulations, the health permit may be revoked by the Health Officer after appropriate proceedings.

(B) Such proceedings shall be initiated by a written notice given by the Health Officer to the person to whom the permit has been issued of the failure to comply. Such notice shall require such person to comply fully with the provisions violated, within a specified length of time, which length of time shall be reasonably sufficient to allow compliance as required. If the Health Officer finds that the required compliance has not been made at the end of the time allowed, he may revoke the health permit or allow additional time for compliance. Revocation of the health permit must be accompanied by information as to the method of appeal. [Ord. 615, 1960; prior code § 11.35.130].

7.52.110 Operator—Qualifications and fingerprinting.

Unless his fingerprints are already on file with the Sheriff or a local police department, each person to whom the following requirements apply shall comply therewith:

Each person filing an application for a health permit, together with the spouse of such applicant, if residing within the premises for which a permit is requested, or in any manner connected with or participating in their operation or maintenance as a juvenile boarding home, shall be fingerprinted at the office of the Sheriff of the County as a prerequisite to the issuance of a health permit. Whenever an application is filed by or on behalf of a corporation, partnership or other association, fingerprinting requirements shall apply to the Board of Directors, to all officers, and the managing or governing boards thereof. Based upon such fingerprints, the Sheriff shall obtain a C.I.I. report, which shall be confidential, with the contents thereof to be made known only to the Health Officer and to the Board of Supervisors. Whenever, in the judgment of the Health Officer, such report is sufficiently adverse and unfavorable to an applicant, and based thereon, he may deny any application for such health permit. [Ord. 615, 1960; prior code § 11.35.040].

7.52.120 Staff members on duty.

(A) In every juvenile boarding home for which a health permit is issued, a person qualified to care for the guests shall be on duty in such home at all times. In lieu of having a qualified person on duty at night during sleeping hours, an automatic alarm system may be used which will alert the operator or person in charge on the premises when any person enters or leaves the boarding home.

(B) “On duty,” as used herein, means on the premises and ready to provide and capable of providing care. [Ord. 615, 1960; prior code § 11.35.110].

7.52.130 Nutrition and housekeeping rules.

It shall be the duty of the Health Officer to establish rules of nutrition and housekeeping to promote sanitation, health and hygiene in juvenile boarding homes for which health permits have been issued, and every person maintaining or operating a juvenile boarding home shall comply with such rules. [Ord. 615, 1960; prior code § 11.35.100].

7.52.140 Register for all children.

A register shall be kept by the operator which includes the following facts concerning each child received or cared for:

Name of child, birthdate, person or institution responsible for care and maintenance, date of admission, physician, immunizations, illness and treatment in boarding home, medication required and type, past medical and health history known to operator. [Ord. 615, 1960; prior code § 11.35.080(o)].

7.52.150 Operation regulations generally.

The general regulations set out in SCCC 7.52.140 through 7.52.290 shall apply to juvenile boarding homes, as defined in this chapter, and no such establishment shall be conducted, operated or maintained which does not comply herewith. [Ord. 615, 1960; prior code § 11.35.080].

7.52.160 Change of management or address.

Any change in the management or address of a juvenile boarding home nullifies the existing health permit, and a new application must be made at once. [Ord. 615, 1960; prior code § 11.35.080(n)].

7.52.170 Sleeping quarters.

(A) No person shall cause, permit or suffer any child to sleep in any bedroom or any building of a juvenile boarding home which provides less than 630 cubic feet of air space and 16 square feet of window space. When a bedroom is occupied by two there shall be at least 810 cubic feet of air space and window space equal to half the floor area, but not less than 16 square feet; where a dormitory or semiprivate room is occupied by more than two there shall be an additional 500 cubic feet of air space per person.

(B) Beds shall be maintained at least three feet apart. Single rooms, semi-private rooms and dormitories shall be adequately ventilated to the outside air. Windows shall be one-half openable and provided with flytight screens. [Ord. 615, 1960; prior code § 11.35.080(k)].

7.52.180 Sanitation and heating.

All walls, floors, ceilings, woodwork, curtains and furnishing shall be maintained in a good, clean, sanitary condition, free from the accumulation of dirt and filth, and every room shall be provided with adequate ventilation, lighting and heat. [Ord. 615, 1960; prior code § 11.35.080(a)].

7.52.190 Protection from heaters.

All gas-fired heaters must be connected to a supply line with a continuous rigid metal pipe. All gas heaters shall be connected in accordance with the applicable provisions of the County building ordinance. All gas, oil or open-flame heaters or appliances must be constructed so as to vent all fumes to the outside of the building in which they are located. [Ord. 615, 1960; prior code § 11.35.080(b)].

7.52.200 Linen and bedding.

There shall be maintained an adequate amount of bedding, linen, hand towels and bath towels in good, clean condition, and each bed shall be supplied with good springs and a clean, comfortable mattress. All beds and mattresses shall be kept in a sanitary condition. [Ord. 615, 1960; prior code § 11.35.080(d)].

7.52.210 Screens.

Windows and doors shall be provided with screens as determined necessary by the Health Officer for the purpose of excluding flies and other insects. [Ord. 615, 1960; prior code § 11.35.080(c)].

7.52.220 Kitchens, utensils and food.

(A) Every kitchen shall be conducted with strict regard to cleanliness affecting the purity and wholesomeness of the food therein prepared, served, kept, handled or stored.

(B) All dishes, glasses and implements used in the preparation or serving of food shall be thoroughly cleaned and sanitized after each use.

(C) The floors, side walls, ceilings, trim, fixtures, receptacles, utensils, sinks, drainboards, implements, dishes, storerooms and machinery of every kitchen or place where food is prepared, served, kept, handled or stored shall be maintained in good repair and in a sanitary condition.

(D) All refrigerators and ice chests shall be kept in a clean and sanitary condition and in good repair at all times. Refrigeration for all perishable food shall be maintained constantly at 50 degrees Fahrenheit or lower; refrigeration shall be of a capacity sufficient to eliminate congestion of food stored. Each refrigerator shall be supplied with a reliable thermometer. [Ord. 615, 1960; prior code § 11.35.080(e)].

7.52.230 Milk supply.

There shall be provided a milk supply for drinking purposes of pasteurized Grade A market milk, except that certified milk may be used where not prohibited by State law or State regulations, or by County ordinance. Nothing herein contained shall forbid the use of milk obtained from a private family cow or goat. [Ord. 615, 1960; prior code § 11.35.080(i)].

7.52.240 Kitchen workers.

(A) All operators, employees and all persons who handle food shall, before beginning work, put on clean garments, and immediately after visiting a toilet, shall wash their hands and arms thoroughly with soap and water.

(B) All operators and persons handling food, before beginning work, shall have an annual food handler’s permit issued by the Health Officer. No owner or employer shall require, permit or suffer any person to work, nor shall any person work in a kitchen where food is prepared, served, kept, handled or stored, who is afflicted with an infectious or contagious disease or local infection. [Ord. 615, 1960; prior code § 11.35.080(g)].

7.52.250 Medicines in kitchen prohibited.

No drugs, medicines (except food supplements) or poisonous substances shall be kept in the kitchen. [Ord. 615, 1960; prior code § 11.35.080(f)].

7.52.260 Garbage control.

All garbage and kitchen wastes must be kept in a tight, flyproof container of nonporous material, unless an acceptable disposal unit is provided, and shall be removed from the premises and disposed of in a sanitary manner at reasonably frequent intervals. All containers shall be maintained in a clean and sanitary condition. [Ord. 615, 1960; prior code § 11.35.080(h)].

7.52.270 Toilet facilities.

(A) On each floor of every juvenile boarding home building, any part of which floor is used for sleeping purposes, there shall be provided for each eight children or fractional part over eight children of each sex, conveniently and accessibly located for the use of such children, not less than:

(1) One water closet;

(2) One bathtub or shower;

(3) Two lavatories.

(B) All toilet rooms, lavatories, baths and showers shall be maintained free from any accumulation of dirt, filth or corrosion. All water closets and utility rooms shall be adequately lighted and ventilated to the outside air. [Ord. 615, 1960; prior code § 11.35.080(j)].

7.52.280 Communicable disease control.

(A) Whenever the Health Officer deems it necessary, he may by order require that each child, before being placed in a juvenile boarding home, be examined for signs of communicable disease. Such examinations shall be made by and certified to in writing within 24 hours of enrollment by a physician in good professional standing, or by the Health Officer or his agent, and must reveal that such child showed no signs of communicable disease which would cause the child’s association with other children to be in any way detrimental to their health.

(B) Every child, on returning after an illness of more than three days, to a juvenile boarding home, must present a certificate signed by a physician in good professional standing, or other practitioner authorized or permitted by law to practice in this State, or by the local Health Officer or his agent, or such other person designated by the Health Officer, stating that personal examination of such child within 24 hours immediately preceding had revealed no signs of a communicable disease which would cause the child’s association with other children to be in any way detrimental to their health.

(C) It shall be the duty of the owner and/or operator or other person in charge of any juvenile boarding home immediately to isolate any child or other person affected with an illness presumably communicable, and immediately to make arrangements for his care in isolation quarters or exclusion from the institution as required by the Health Officer. Whenever required by Section 3125 of the Health and Safety Code, the Health Department shall be notified that such child or other person has been isolated or excluded pending presentation of a readmission certificate obtained according the following regulations:

Any child or other person who has been isolated because of illness from or contact with a communicable disease, or suspected communicable disease, shall not be readmitted to mingle with others without presentation of a certificate issued by the Health Officer or his agent, or by the attending physician, stating that such child or other person is not liable to transmit a communicable disease. [Ord. 615, 1960; prior code § 11.35.080(l)].

7.52.290 Isolation space.

Every juvenile boarding home must have a space available for isolation purposes acceptable to the Health Officer. [Ord. 615, 1960; prior code § 11.35.080(m)].

7.52.300 Inspection by Health Officer.

It shall be the duty of the Health Officer to make periodic inspections of all premises licensed as juvenile boarding homes to ascertain if there is compliance with the health, safety and sanitation laws of the State, County ordinances, and the Health Officer’s rules. [Ord. 615, 1960; prior code § 11.35.090].

7.52.310 Appeal procedure.

(A) Any applicant for a health permit who shall be aggrieved by any action of the Health Officer in refusing to issue a health permit, or any holder of a health permit which has been revoked by the Health Officer, may appeal to the Board of Supervisors. Notice of such appeal shall be in writing filed with the Health Officer and the Board of Supervisors on or before 10 days after the action of the Health Officer appealed from, and shall state the grounds as hereinafter set forth upon which such appeal is based, and shall be accompanied by a fee of $10.00, payable to the Clerk of the Board of Supervisors.

(B) The Board of Supervisors shall hear the appeal on or before 60 days after the filing of such notice. The clerk shall give written notice of the time and place of such hearing to the Health Officer and to the appellant at least 10 days prior to such hearing, and the Health Officer shall forward to the Board of Supervisors all papers and records related to such appeal. If, upon the hearing of the appeal, the Board shall find one or more of such grounds set forth in the notice of appeal to be true, it may make such order as it may deem appropriate, or remand the matter to the Health Officer with directions to take such action as the Board of Supervisors may deem just and proper.

(1) That the action of the Health Officer was contrary to law or the provisions of this chapter;

(2) That the determination of the Health Officer was not made fairly and impartially;

(3) That new and material information has been discovered which, with due diligence, could not have been discovered and presented to the Health Officer. [Ord. 615, 1960; prior code § 11.35.140].

7.52.320 Variances.

Whenever the strict enforcement of the provisions of this chapter will present practical difficulties, or work unnecessary hardships, or will be materially detrimental to the preservation of a property right, the Board of Supervisors, upon application in writing, may grant a variance of the provisions of this chapter, for any establishment regulated by this chapter, upon such conditions and for such length of time as may be required, if it shall be established that the granting of such variance will not endanger the public health, safety or welfare. [Ord. 615, 1960; prior code § 11.35.170].

7.52.330 Abatement of nuisances.

(A) Any juvenile boarding home established, conducted, operated or maintained contrary to the provisions of this chapter, or any rule, regulation, order, directive or standard issued or promulgated hereunder, shall be, and the same is declared to be, unlawful and a public nuisance, and the District Attorney shall, upon order of the Health Officer or the Board of Supervisors, commence action or proceedings for the abatement or removal and enjoinment thereof in the manner provided by law.

(B) In any such proceeding, it shall not be necessary to establish the inadequacy of any legal remedy or irreparable damage or loss.

(C) At least three days prior to the filing of the complaint in any such abatement action, the District Attorney shall serve the licensee or permittee with a written notice specifying each deficiency or noncompliance in the licensed juvenile boarding home. An action to abate may be commenced only upon failure of the licensee or permittee to comply or rectify within said period. [Ord. 615, 1960; prior code § 11.35.200].

7.52.340 Violation—Prosecution.

The District Attorney of the County shall, upon application of the Health Officer, institute and conduct the prosecution of any action brought for the violation within the County of any of the provisions of this chapter. [Ord. 615, 1960; prior code § 11.35.190].

7.52.350 Violation—Penalty.

Any person, association or corporation that maintains, conducts or, as manager or officer or in any other administrative capacity, assists in maintaining or conducting any juvenile boarding home, without first having secured a health permit therefor in writing, or operates without a valid, unexpired health permit, or refuses to permit or interferes with the inspections authorized in this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00, or by imprisonment in the County jail for a term not exceeding six months, or by both fine and imprisonment. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is commenced, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided. [Ord. 615, 1960; prior code § 11.35.180].