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Chapter 8.20
SANITATION REGULATIONS FOR BUSINESSES – PERMITS AND FEES

Sections:

8.20.010    Application – Filing.

8.20.020    Application – Fee.

8.20.030    Annual inspection fee for health regulated activities.

8.20.040    Investigation by Department of Health Services.

8.20.050    Renewal of permit, license or registration.

8.20.060    Delinquent payments.

8.20.070    Permit or license not transferable.

8.20.080    Fees.

8.20.090    Exemption from permit fees.

8.20.100    Refunds.

   

8.20.010 Application – Filing.

Every applicant for a permit, license or registration required by this code and issued by the Health Officer shall file with the Department of Health Services a written application on a form prescribed by said department. The application shall state the name and address of the applicant, the description of the property by street and number wherein or whereon it is proposed to conduct the business or activity for which the permit or license is required, the nature of the permit or license for which application is made, the character of the business or activity proposed to be conducted and such other information as the Department of Health Services may require. (Ord. 67 § 1, 1982; CC Ord. 6378 § 9, 1982; Ord. 29 § 1, 1981; CC § 65.101)

 

8.20.020 Application – Fee.

Every applicant for a permit, license or registration required by Chapters 5.68, 8.21, and 8.24 through 8.60 PMC shall at the time of making application pay the fee prescribed by the County of San Diego. (Ord. 745 § 3, 2012; Ord. 268 § 1, 1988; Ord. 67 § 1, 1982; CC Ord. 6378 § 11, 1982; Ord. 29 § 1, 1981; CC § 66.101)

 

8.20.030 Annual inspection fee for health regulated activities.

Every person applying for a permit for a food establishment, apartment house or hotel, camp or picnic ground, public swimming pool, sewage pumping vehicle or other health regulated business for which an annual permit, license or registration is required under the provisions of this code and issued by the Health Officer shall at the time of making application for the permit pay the annual inspection fees, as set forth by the County of San Diego with the exception that the fee for food-vending and sewage pumping vehicles and food-vending machines shall be prorated so that the annual renewal date will be January 1st of each year. The fee for vehicles and vending machines that are prorated shall be reduced by an amount equal to one-twelfth of the total annual permit fee for each month less than one year for which the permit is issued. (Ord. 268 § 1, 1988; Ord. 67 § 1, 1982; CC Ord. 6378 § 9, 1982; Ord. 29 § 1, 1981; CC § 65.102)

 

8.20.040 Investigation by Department of Health Services.

Upon receipt of such application, accompanied by the required fee, it shall be the duty of the Health Officer to investigate the matters set forth in such application, and the sanitary conditions in the place where it is proposed to conduct the business or activity mentioned in the application, and if it shall appear to the Health Officer, that the statements contained in the application are true, and that the existing sanitary conditions in the place mentioned in said application comply with the provisions of law, a permit, license or registration shall thereupon be granted. Such permit or license shall be granted only upon the express condition that it shall be subject to revocation or suspension by said Health Officer upon a showing satisfactory to said Health Officer of a violation by the holder of such permit or any person acting with his consent or under his authority, of any applicable provision of law regulating places or activities of the character for which the permit or license is granted. (Ord. 67 § 1, 1982; CC Ord. 6378 § 9, 1982; Ord. 29 § 1, 1981; CC § 65.103)

 

8.20.050 Renewal of permit, license or registration.

A permit or license issued pursuant to this title shall expire on the last day of the month of the one-year anniversary month in which the permit was issued and shall be renewed annually, except as provided in the resolution establishing fees for food vending and sewage pumping vehicles, food-vending machines, and underground hazardous materials storage tanks. At the time application is made, there shall be paid to the Department of Health Services the required annual fee, which fee is due and payable each year on the first day of the month following the expiration of the permit. (Ord. 227 § 1, 1987; Ord. 190, 1986; Ord. 67 § 1, 1982; CC Ord. 6378 § 9, 1982; Ord. 29 § 1, 1981; CC § 65.104)

 

8.20.060 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. Delinquent penalty fees shall be established by the County of San Diego.

B. The imposition of or payment of the penalty imposed by this section shall not prevent the imposition of any other penalty prescribed by this code or any ordinance nor prosecution for violation of this code or any ordinance.

C. The delinquent penalty fee may be waived by the Health Officer in case of error made by Environmental Health Services staff or when the applicant has not held a health permit during the past five years, and was unaware that a health permit was required. (Ord. 268 § 1, 1988; Ord. 227 § 2, 1987; Ord. 67 § 1, 1982; CC Ord. 6378 § 9, 1982; Ord. 29 § 1, 1981; CC § 65.105)

 

8.20.070 Permit or license not transferable.

A permit or license is not transferable from one person or one place to another, and shall be deemed voided if removed from the place or location specified in the written application and in the permit. (Ord. 67 § 1, 1982; CC Ord. 6378 § 9, 1982; Ord. 29 § 1, 1981; CC § 65.106)

 

8.20.080 Fees.

Every person applying for a permit under the provisions of this chapter shall at the time of making an application for such permit pay a fee the exact amount of which shall be determined by the County of San Diego and kept on record by the County Department of Health Services with a copy on file in the City Clerk’s Officer. (Ord. 268 § 1, 1988; Ord. 112 § 1, 1983; Ord. 67 § 1, 1982; CC Ord. 6378 § 9, 1982; Ord. 29 § 1, 1981; CC § 65.107)

 

8.20.090 Exemption from permit fees.

Notwithstanding any other provisions of this code, an applicant for a permit or renewal thereof relating to operation of an apartment house or hotel, or a public swimming pool shall not be required to pay permit or renewal fees provided that the applicant meets the following requirements:

A. The Internal Revenue Service of the Treasury Department of the United States Government has determined that the permit applicant is exempt from income taxation and from filing income tax returns pursuant to the provisions of Section 501(c)(3) of Title 26 of the United States Code. (Ord. 227 § 3, 1987)

 

8.20.100 Refunds.

A. The Health Officer may authorize the refunding of any Health Department fee which was erroneously paid or collected.

B. The Health Officer may authorize the refunding of any portion of a fee paid for which no service costs have been incurred. A refund will not be authorized if the total refundable amount, after deductions of County costs is $5.00 or less.

C. Every applicant for a health fee refund shall file with the Department of Health Services a written application of a form prescribed by said department. (Ord. 227 § 4, 1987)

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The Poway Municipal Code is current through Ordinance 770, and legislation passed through June 3, 2014.

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