Chapter 8.04
COUNTY HEALTH CODE
Sections:
8.04.010 County health code adopted.
8.04.020 County public health licenses–Adopted.
8.04.030 Section 8.04.752 amended.
8.04.040 Penalty clauses adopted.
8.04.010 County health code adopted.
Subject to the additions, amendments and deletions set forth in this chapter, the city adopts Title 11, “Health and Safety,” of the Los Angeles County Code by reference, including all amendments thereto through and including the adoption of Los Angeles County Ordinance No. 97-0071 on December 16, 1997. (Ord. 1536 § 1 (part), 1998: prior code § 5-6.01)
8.04.020 County public health licenses–Adopted.
Subject to the additions, amendments and deletions set forth in this chapter, the city adopts Chapter 8.04, “Public Health Licenses,” of the Los Angeles County Code by reference, including all amendments thereto through and including the adoption of Los Angeles County Ordinance No. 97-0071 on December 16, 1997. (Ord. 1536 § 1 (part), 1998)
8.04.030 Section 8.04.752 amended.
Section 8.04.752 of the County Public Health Licenses Code is amended to read as follows:
8.04.752 Posting Requirements–Penalty for Non-Compliance Documents Available for Public Review.
A. Upon issuance by the county health officer, the health officer shall post at every food establishment the Letter Grade Card, the Inspection Score Card, or both, as determined by the county health officer, so as to be clearly visible to the general public and to patrons entering the establishment. “Clearly visible to the general public and to patrons” shall mean conspicuously posted in public view along with all other business licenses.
B. The Letter Grade Card and the Inspection Score Card shall not be defaced, marred, camouflaged, hidden or removed. It shall be unlawful to operate a food establishment unless the Letter Grade Card, the Inspection Score Card, or both, as determined by the county health officer, is or are in place as set forth hereunder. Removal of the Letter Grade Card, the Inspection Score Card, or both, is a violation of this chapter and may result in the suspension or revocation of the public health permit and shall be punishable as specified in Section 8.04.930 of the County Code.
C. Every food establishment shall post a legibly lettered sign which displays the following information so as to be clearly visible to the general public and to patrons entering the establishment:
“Any public health concerns regarding this establishment should be directed to the County of Los Angeles, Environmental Health Office located at: (local office address and telephone number to be provided by the county health officer).”
D. The Food Official Inspection Report upon which the Letter Grade Card, the Inspection Score Card, or both, are based and all subsequent reports issued by the county health officer shall be maintained at the food establishment and shall be available to the general public and to patrons for review upon request. The food establishment shall keep the Food Official Inspection Report and all subsequent reports until such time as the county health officer complete the next routine inspection of the establishment and issues a new Food Official Inspection Report.
(Ord. 1536 § 2, 1998)
8.04.040 Penalty clauses adopted.
In accordance with Government Code Section 50022.4 the following penalty clauses are contained in Title 11 and Chapter 8.04 of the Los Angeles County Code, which are adopted by City Council resolution and shall be published as part of this chapter: (Ord. 1629, § 8, 2003)
8.04.840 Public health license and permit–Penalty for late fee payment.
If any fee required by Division 1 of this title is not paid prior to the delinquency date, in addition to such fee, the licensee or permittee shall pay a penalty equal to 25 percent of the fee or $50.00, whichever is greater, plus an additional amount equal to one and one-half percent of the license or permit fee owed for each month the fee plus penalties remain delinquent, commencing the first day of the first calendar month that begins at least 60 days after the delinquency date.
8.04.842 Late fee payment–Lien against licensee or permittee authorized when.
If the fee and penalty as described in Section 8.04.840 of this chapter is not paid within 90 days after the delinquency date, a certificate of lien may be recorded against the licensee or permittee as authorized by Section 101345 of the California Health and Safety Code.
8.04.844 Late fee payment–Additional penalty following lien.
Upon recordation of a certificate of lien described in Section 804.842, an additional penalty fee of $15.00 shall be paid by the licensee or permittee.
8.04.850 Public health license–Penalty for late direct assessment fees.
Notwithstanding the provisions of Section 8.04.840, any fee required by this chapter which is not paid prior to the delinquency date and is included as a direct assessment pursuant to Part 3 of this chapter, shall bear the same penalty as delinquent taxes on the secured tax roll.
8.04.930 Violation–Penalty.
Violation of this chapter is punishable by a fine of not more than $500.00 or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. Each day during any portion of which any violation of any provision of this chapter is committed, continued or permitted, makes such violation a separate offense.
8.04.934 Operating without a public health license or permit–Deemed misdemeanor–Penalty.
A violation of Section 8.04.932 is a misdemeanor punishable by fine, or imprisonment in the county jail for a period not exceeding six months, or both. Such fine shall not be more than $500.00, and shall:
A. For the first violation, not be less than $100.00;
B. For the second and any subsequent violation, be $500.00.
8.04.938 Violation of injunction–Civil penalty.
Any person who intentionally violates any injunction issued pursuant to Section 8.04.936 shall be liable for a civil penalty payable to the county treasurer-tax collector not to exceed $500.00 for each violation.
8.04.942 Operating without a public health license or permit–Civil penalty.
A. Any person who violates Section 8.04.932 shall be liable for a civil penalty recoverable in a civil action and payable to the county treasurer-tax collector:
1. In an amount not less than $100.00 for the first violation; and
2. In an amount not less than $500.00 for the second and any subsequent violation.
B. The remedies provided in Section 8.04.934 and by this section are mutually exclusive.
8.04.944 Continuing violations.
Where the conduct consisting of a violation of Section 8.04.932 or 8.04.938 is of a continuing nature, each day of such conduct is a separate and distinct violation.
8.04.950 Fees placed on tax roll for direct assessment–Conditions.
Notwithstanding any other sections or parts of this chapter, where real property is owned by the operator of multiple dwellings, multiple dwellings with pools, or any other business, and such property is subject to state statutes, orders, quarantines, rules or regulations relating to public health, the fees established by this chapter shall be placed on the secured tax roll as a direct assessment as authorized by Section 510 of the Health and Safety Code.
8.04.960 List of properties subject to fees--Preparation.
On or before August 1st of each year, the treasurer-tax collector shall prepare a list of parcels of real property which are subject to the fees described in Section 8.04.950, and shall transmit such list to the auditor-controller on or before the 10th day of August of each year.
8.04.970 Assessments–Entered on list of properties.
The auditor-controller shall enter the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll.
8.04.980 Assessments–Entered on bills for taxes.
The treasurer-tax collector shall include the amount of the assessment on the assessment roll on bills for taxes levied against the respective lots and parcels of land.
8.04.990 Collection of assessments.
Such assessments shall be collected in the same manner and at the same time as county taxes are collected.
8.04.995 Recordation of lien for fees when direct assessment not possible.
In those instances where direct assessment is not authorized by Health and Safety Code section 510, the tax collector shall perform the duties required by Health and Safety Code section 510.7 in recording without fee a certificate specifying the amount, interest, penalty due, and the name and last known address of the person liable therefor, as authorized by Section 510.7 of the Health and Safety Code.
11.02.080 Violation–Penalty.
Violation of Division 1 of Title 11 is punishable by a fine of not more than $500.00, or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. Each day during any portion of which any violation of any provision of this Division 1 is committed, continued or permitted makes such violation of a separate offense.
11.11.150 Violation.
Notwithstanding any other provision of this chapter, violation of this chapter is punishable by a fine of not more than $500.00 or by imprisonment in the County jail for not more than six months, or both. Each day during any portion of which any violation of any provision of this chapter is committed, continued or permitted makes such violation a separate offense
11.58.180 Violation–Penalty.
Any person, firm or corporation, or any partner or officer, agent or employees thereof violating the provisions of this chapter or of the Standards for Electrical Materials, Devices and Appliances hereby adopted, or of any of the rules or regulations adopted pursuant to this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by fine of not more than $500.00 or imprisonment in the County Jail for not more than six months, or both such fine and imprisonment.
11.62.330 Violation–Penalty.
A. A person shall not erect, construct, enlarge, alter, remove, demolish, use, operate or maintain any small dam in the unincorporated portion of the county, or cause same to be done, contrary to or in violation of any of the provisions of this chapter.
B. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500.00 or by imprisonment for not more than six months, or by both such fine and imprisonment.
11.64.060 Violation–Penalty.
Any person who violates any provision of this Part 1 by smoking in a posted no-smoking area, or by failing to post or cause to be posted a no-smoking sign required by this Part 1, or otherwise violates any provision of this Part 1, is guilty of an infraction and upon conviction thereof shall be punished by a fine of not less than $10.00 nor more than $100.00.
11.64.090 Violation of Part 2 provisions--Penalty.
Violation of the provisions of this Part 2 is an infraction punishable by:
A. A fine not exceeding $50.00 for a first violation;
B. A fine not exceeding $100.00 for a second violation within one year.
C. A fine not exceeding $250.00 for each additional violation within one year.
11.64.120 Violation of Part 3 provisions--Penalty.
A. Violation of Part 3 of this chapter is an infraction punishable by:
1. A fine not exceeding $50.00 for a first violation;
2. A fine not exceeding $100.00 for a second violation within one year;
3. A fine not exceeding $250.00 for each additional violation within one year.
B. Each day during any portion of which any violation of any provision of this chapter is committed, continued or permitted is a separate offense.
11.68.050 Violation–Penalty.
Any person, firm or corporation violating any provision of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not to exceed $500.00 or by imprisonment in the County Jail for not to exceed six months, or by both such fine and imprisonment.
11.82.030 Permit fees–Payment time--Penalties for delinquency.
All fees required by Section 11.82.012 of this code shall be due and payable on the billing date established by the CUPA. Fees not paid within 30 calendar days from the billing date shall be considered delinquent. Delinquent fees shall be subject to a late payment penalty set forth in Section 12.60.060. Permits for which the annual permit maintenance fee is delinquent for 90 days or more are subject to suspension as provided in Section 11.84.010.
11.86.010 Civil penalties.
A. Any operator of an underground storage tank shall be liable for a civil penalty of not less than $500.00 or more than $5,000.00 for each underground storage tank for each day of violation for any of the following violations:
1. Operating an underground storage tank which has not been issued a permit, in violation of this division;
2. Violation of any of the applicable requirements of the permit issued for the operation of the underground storage tank(s);
3. Failing to maintain records, as required by this division;
4. Failing to report an unauthorized release, as required by Section 11.76.010;
5. Failing to properly close an underground storage tank in accordance with the provisions of this division;
6. Violation of any applicable requirement of this division or any requirements of California Health and Safety Code, Chapter 6.7 or any regulations promulgated thereunder;
7. Failure to permit inspection or to perform any monitoring, testing, or reporting required pursuant to this division;
8. Making any false statement, representation, or certification in any application, record, report, or other document submitted or required to be maintained pursuant to this division.
B. Any owner of an underground storage tank(s) shall be liable for a civil penalty of not less than $500.00 or more than $5,000.00 per day for each underground storage tank, for each day of violation, for any of the following violations:
1. Failure to obtain a permit as specified by this division;
2. Failure to repair or upgrade an underground tank in accordance with the provisions of this division;
3. Abandonment or improper closure of any underground tank subject to the provisions of this division;
4. Knowing failure to take reasonable and necessary steps to assure compliance with this division by the operator of an underground tank(s);
5. Violation of any applicable requirement of the permit issued for the operation of the underground tank(s);
6. Violation of any applicable requirement of California Health and Safety Code, Chapter 6.7, and any regulations promulgated thereunder;
7. Failure to permit inspections or to perform any monitoring, testing, or reporting required pursuant to this division;
8. Making any false statement, representation, or certification in any application, record, or other document submitted or required to be maintained pursuant to this division.
C. Any person who intentionally fails to notify the CUPA or the director when required to do so by this division or who submits false information in a permit application, amendment, or renewal, pursuant to Chapter 11.80, is liable for a civil penalty of not more than $5,000.00 for each underground storage tank for each day for which notification is not given or false information is submitted.
11.86.030 Penalties not exclusive.
Each civil penalty or civil fine imposed pursuant to this chapter for any violation shall be separate, and in addition to, and do not supersede or limit, any and all other civil penalties or criminal fines imposed pursuant to this chapter or any other provisions of law.
(Ord. 1536 § 3, 1998)