CHAPTER 19. PUBLIC HEALTH PERMITS

4-19-1000 APPLICATION OF CHAPTER:

This Chapter shall apply to permits, which the County Health Officer is authorized to issue in the enforcement of state statutes, rules, regulations and orders pertaining to public health. The purpose of this Chapter is to provide for the term, renewal, display, suspension, revocation, and enforcement of, and adoption of fees for, such permits in those instances where there is no provision made in State law. No provision of this Chapter is intended to supersede or be in conflict with any statute, rule, regulation or order of the State of California or any agency of the State and in the event of any such conflict, the provisions of this Chapter which are in conflict shall be deemed superseded by such State statute, rule, regulation or order, and of no force and effect.

4-19-1005 TERM OF PERMIT:

The term of any permit issued by the Tulare County Health Officer in the enforcement of any statute, rule, regulation or order of the State of California or any State agency pertaining to public health shall be one year from the date of issuance.

4-19-1010 FEES:

Whenever the Board of Supervisors determines that the expenses of the County Health Officer or his employees in connection with the issuance, renewal, monitoring, suspension and revocation of any permit issued by the Tulare County Health Officer in the enforcement of any statute, rule, regulation or order of the State of California or any State agency pertaining public health are not met by any fees prescribed by the State, the Board may by resolution adopt additional fees that will pay the reasonable expenses of such activities.

4-19-1015 COLLECTION OF FEES:

The fees prescribed in accordance with section 4-19-1010 shall be collected as follows:

(a)    The fee for issuance of the permit shall be paid at the time of application for issuance. The application for issuance shall not be processed until the fee has been received by the Tulare County Health Officer and, if paid by check, until the check has been honored.

(b)    The fee for renewal of the permit shall be paid at the time of application for renewal. The application for renewal shall not be processed until the fee has been received by the Tulare County Health Officer and, if paid by check, until the check has been honored.

(c)    The fee for any inspection or other investigation required in connection with the monitoring and enforcement of the permit shall, if not paid at the time of the inspection or investigation, be paid within thirty (30) days of the date a bill for such fee is sent, by certified mail, return receipt requested, to the permittee. The costs of such mailing shall be added to, and become a part of, such fee at the time of mailing. Failure to pay such fee in a timely manner shall constitute grounds for suspension or revocation of the permit. The delinquent fee may also, at the option of the Tulare County Health Officer, be assessed against the real property inspected or otherwise investigated in connection with the permit where the real property is owned by the operator of a business, in accordance with Health and Safety Code section 510 and following.

4-19-1020 RENEWAL OF THE PERMIT:

No later than thirty (30) days prior to the expiration of the term of the permit, a person seeking renewal of the permit shall make application therefore, including payment of the renewal fee. As part of the processing of the application, the person requesting renewal shall submit to any supplementary inspection and investigation required in connection therewith by the Tulare County Health Officer. The renewal fee shall include the cost of such supplementary inspection and investigation. If the application is not made in a timely manner, it shall be treated as an application for issuance rather than renewal and the applicant shall be required to pay the fees and submit to the inspections and investigations required upon original issuance of the permit.

4-19-1025 DISPLAY OF PERMIT:

Any person to whom a permit is issued shall post and display such permit in a conspicuous place upon the premises where the activity subject to the permit is conducted. Failure to post and display the permit in this manner shall constitute grounds for suspension and/or revocation of the permit.

4-19-1030 SUSPENSION OR REVOCATION: ADMINISTRATIVE REVIEW:

Whenever it appears to the Tulare County Health Officer that the holder of a permit subject to this Chapter has violated, or permitted any persons under his or her control to violate, any of the requirements of this Chapter; refused to allow the Tulare County Health Officer or his or her employees to conduct inspections and investigations reasonably necessary for the proper monitoring of the terms of the permit; or violated any State statute, rule, regulation or order governing the permitted activity, then the Tulare County Health Officer shall order administrative review, with himself or herself or a person appointed by him or her as administrative review officer, to determine if the alleged violations have occurred and if suspension or revocation of the permit is warranted.

(Amended by Ord. No. 3559, effective 6-20-19)

4-19-1035 SUSPENSION OR REVOCATION: ADMINISTRATIVE REVIEW: NOTICE AND CONDUCT:

The administrative review officer shall cause written notice of date of such administrative review to be served on the permittee at least five (5) days in advance of such date by personal delivery or by certified mail, return receipt requested, at the business address of the permittee stated on the last permit application. The notice shall describe the nature of the alleged violation or violations and inform the permittee of his right to attend in person or by designee and to present information.

(Amended by Ord. No. 3559, effective 6-20-19)

4-19-1040 SUSPENSION OR REVOCATION: ADMINISTRATIVE REVIEW DECISION:

The administrative review officer shall render his or her decision and send the permittee written notice thereof by certified mail, return receipt requested, within five (5) days of the conclusion of the review. If the administrative review officer determines that the violation is minor in nature and the applicant is willing and able to correct the problem within a period of thirty (30) days or less, then the administrative review officer may suspend the permit in lieu of revocation. The length of the suspension shall be expressly noted in the notice of decision. In connection with such suspension, the administrative review officer may impose any conditions which he or she feels necessary for the efficient correction of the problem, including submission to supplementary inspections at the permittee’s expense. Any such conditions shall be expressly noted in the notice of decision. Failure to pay for the cost of such supplemental inspections within five days of receipt of a written bill, or to correct the violation or violations prior to expiration of the period of suspension, shall constitute grounds for immediate revocation by the Tulare County Health Officer without right to further administrative review by him or her, or by his or her designee. Such revocation shall be effective upon receipt of written notice to the permittee, sent by certified mail, return receipt requested.

(Amended by Ord. No. 3559, effective 6-20-19)

4-19-1045 SUSPENSION OR REVOCATION: APPEAL: JUDICIAL REVIEW:

The permittee shall have the right to appeal to the County Hearing Officer any decision of the administrative review officer to suspend or revoke a permit subject to this Chapter. All such appeals and the judicial review thereof shall be handled in accordance with, and be controlled by, Chapter 31 of Part I of this Code.

(Amended by Ord. No. 3559, effective 6-20-19)

4-19-1050 VIOLATIONS:

Except as otherwise provided by state law, any person who operates or conducts any facility or activity, or allows such operation or conduct on real property which he owns, for which a permit is required by any state statute, rule, regulation, or order pertaining to public health and which is governed by the procedure set forth in this Chapter, without obtaining such a permit and maintaining it in full force and effect at times during such operation or activity, shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code. Any person guilty of such a violation shall be deemed guilty of a separate offense for each and every day during which such violation is committed, continued, or permitted.