Chapter 6.08
HEALTH REGULATED ACTIVITIES
Sections:
6.08.010 Adoption of county code by reference.
6.08.015 Bathhouse regulations adopted by reference.
6.08.016 Tattoo parlors and mobile tattoo vehicles – Regulations adopted by reference.
6.08.035 Additional fee for delinquent payments.
6.08.050 Penalties for delinquent payment.
6.08.010 Adoption of county code by reference.
For the purpose of prescribing rules and regulations for the protection of the public health and safety, the following portions of the San Diego County Code of Regulatory Ordinances, together with such secondary references as are included in those portions, as amended through October 16, 2009, are hereby adopted by reference. The provisions thereof shall be controlling within the limits of the city of Solana Beach to include, without limitation, the fees, regulatory provisions and definitions, but excluding the procedural provisions beyond those specified for processing of applications, conducting investigations, issuing permits and enforcing regulatory provisions; except that whenever the provisions thereof refer to a county of San Diego board, territory, area, agency, official, employee or otherwise, it shall mean the corresponding board, territory, area, agency, official, employee or otherwise of the city, and if there is none, it shall mean that the county is acting in the same capacity on behalf of the city.
A. Title 6, Division 1, Chapter 1, regulating the preparation and distribution of food.
B. Title 6, Division 1, Chapter 2, regulating food handlers.
C. Title 6, Division 1, Chapter 3, providing for the destruction of spoiled food.
D. Title 6, Division 6, Chapter 1, regarding applications, permits and fees.
E. Title 6, Division 6, Chapter 4, regulating refrigeration plants.
F. Title 6, Division 6, Chapter 8, regulating reduction plants.
G. Title 6, Division 6, Chapter 9, providing for the enforcement of the State Housing Law.
H. Title 6, Division 7, Chapter 1, regulating waste of water.
I. Title 6, Division 7, Chapter 2, regarding the pollution of waters.
J. Title 6, Division 7, Chapter 3, regarding public swimming pools.
K. Title 6, Division 7, Chapter 4, regulating wells.
L. Title 6, Division 8, Chapter 3, regarding septic tanks and seepage pits.
M. Title 6, Division 8, Chapter 6, regarding septic tanks and cesspool cleaners.
N. Title 6, Division 9, Chapter 1, regarding condemnation of buildings.
O. Title 6, Division 8, Chapter 9, regarding the certified unified program agency.
P. Title 6, Division 8, Chapter 10, regarding the certified unified program agency, underground storage of hazardous substances.
Q. Title 6, Division 4, regarding disease control.
R. Title 6, Division 5, regarding procedures.
S. Title 6, Division 8, Chapter 12, regarding the certified unified program agency, medical wastes.
T. Title 6, Division 8, Chapter 11, regarding the certified unified program agency, hazardous materials inventory and response plans. (Ord. 411 § 26, 2010; Ord. 90 § 1, 1989; Ord. 46 § 1, 1987; 1987 Code § 5.04.010)
6.08.015 Bathhouse regulations adopted by reference.
A. The provisions of Title 6, Division 6, Chapter 6, commencing with Section 66.601 of the San Diego County Code of Regulatory Ordinances, as adopted by San Diego County Ordinance No. 7448 (New Series) are hereby adopted by reference.
B. The violation of the provisions of this section or the provisions of the San Diego County Code incorporated by this section shall be a misdemeanor. (Ord. 62 § 1, 1988; 1987 Code § 5.04.015)
6.08.016 Tattoo parlors and mobile tattoo vehicles – Regulations adopted by reference.
A. The provisions of Title 6, Division 6, Chapter 3 (commencing with Section 66.301) of the San Diego County Code of Regulatory Ordinances as adopted by San Diego County Ordinance No. 8324 (new series) are hereby adopted by reference.
B. The violation of the provisions of this section or the provisions of the county code adopted by reference is a misdemeanor. (Ord. 411 § 27, 2010; Ord. 192 § 1, 1994)
6.08.020 Permit required.
No person shall conduct any business or activity requiring a permit under the provisions of this chapter without having first been issued the permit, and any other licenses or permits required by this code. (Ord. 46 § 1, 1987; 1987 Code § 5.04.020)
6.08.030 Health permit fees.
Every person applying for a permit under the provisions of this chapter adopting by reference the County Code of Regulatory Ordinances shall, at the time of making the application for such permit, pay a fee, the amount of which will be determined by the county of San Diego and kept on record by the county department of health services and on file with the city clerk’s office. (Ord. 46 § 1, 1987; 1987 Code § 5.04.030)
6.08.035 Additional fee for delinquent payments.
A. Any fee which is not paid by the first day of the month following the month in which it is due is 30 days delinquent, and on the first day of the next following month, if still unpaid, is 60 days delinquent.
B. In any case where a fee is 30 days delinquent, a penalty of $50.00 or an amount equal to 50 percent of the fee, whichever is less, shall be added to and collected with the required fee.
C. In any case where a fee is 60 days delinquent, an additional penalty of $100.00 or an amount equal to the fee for a total penalty of $150.00 or 150 percent of the fee, whichever is less, will be added to and collected with the required fee.
D. The imposition of or payment of the penalty prescribed by this code or any ordinance does not preclude prosecution for violation of this code or any ordinance.
E. The delinquent penalty fee may be waived by the city manager, or the manager’s designee, when the applicant has not held a health permit during the past five years and was not aware that a health permit was required, or when the manager, or manager’s designee, finds that the delinquency was due to the result of an act of omission by the city officer or employee, an officer or employee of a county being responsible for enforcement of this chapter on behalf of the city. (Ord. 96 § 1, 1989)
6.08.040 Issuing authority.
The San Diego County health officer, together with the department of health services for the county of San Diego, is hereby designated as the health officer for the city of Solana Beach, with authority to enforce and observe within the city of Solana Beach the following:
A. All orders, quarantine regulations, and rules and regulations issued by the State Department of Health Services under the provisions of the Health and Safety Code of the State of California;
B. All statutes of the State of California relating to public health;
C. Those portions of the San Diego County Code of Regulatory Ordinances pertaining to public health and sanitation as are set forth in this chapter. (Ord. 46 § 1, 1987; 1987 Code § 5.04.040)
6.08.050 Penalties for delinquent payment.
A. In any case where the applicant has failed, for a period of 30 days, to file the application and obtain the required permit, there shall be added to, and collected with, the required fee a penalty equal to 10 percent of the fee; and for each additional month or fraction of a month after the expiration of said 30-day period that applicant fails to file such application and obtain such permit, there shall be added to and collected with the fee an additional penalty equal to 10 percent of the fee; provided, however, in no event shall the total penalty added to the fee pursuant to this section be more than 60 percent of the fee. The imposition or payment of the penalty imposed by this section shall not prevent the imposition of any other penalty prescribed by this code, or prevent the prosecution for violation of this code.
B. The annual fee for renewal, if unpaid, is delinquent on the first day of the second month after the month in which the permit expires, and thereafter a penalty equal to 10 percent of the annual fee shall be added thereto, and shall be collected at the time application for renewal is made.
C. If the annual fee for renewal and the penalty is not paid the first month after it is due, there shall be added to and collected with the annual fee an additional penalty equal to 10 percent of the annual fee for each month or fraction of a month during which the annual fee or any penalty continues to remain unpaid; provided, however, in no event shall the total penalty, added to the annual fee pursuant to this section, be more than 60 percent of the annual fee. The imposition or payment of the penalty imposed by this section shall not prevent the imposition of any other penalty prescribed by this code or prevent the prosecution for violation of this code. (Ord. 46 § 1, 1987; 1987 Code § 5.04.050)
6.08.060 Violations.
A. Whenever any act is prohibited or made or declared unlawful or an offense, or doing an act is required or the failure to do any act is declared unlawful or an offense by the provisions of this chapter, the violation of any such provision shall be punished according to Chapter 1.16 SBMC.
B. Each day that a violation exists, occurs or continues shall constitute a separate offense.
C. Notwithstanding the provisions of subsection A of this section, any violation of the provisions of SBMC 6.08.010(V) shall be a misdemeanor punishable by imprisonment in the county jail for a period of not more than one year, or by fine of not more than $10,000, or by both fine and imprisonment. In addition, as an independent and nonexclusive remedy, a person who violates the provisions of SBMC 6.08.010(V) shall be liable for a civil penalty not to exceed $15,000 for each violation. The civil and criminal provisions of this subsection are remedies in addition to any existing remedy authorized by law and are not to be construed as conflicting with or in dereliction with any provisions of this chapter or other law. The provisions of this subsection are construed to be independent and nonexclusive remedies and are not conditioned upon each other. (Ord. 90 § 2, 1989; Ord. 46 § 1, 1987; 1987 Code § 5.04.060)