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109 ORDINANCE NO. 109 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING THE MUNICIPAL CODE OF THE CITY OF GRAND TERRACE, CA, BY DELETING CERTAIN PORTIONS PERTAINING TO ENVIRONMENTAL HEALTH AND ADOPTING BY REFERENCE THAT PORTION OF DIVISION 3, TITLE III OF THE SAN BERNARDINO COUNTY CODE KNOWN AS THE UNIFORM ENVIRONMENTAL HEALTH CODE, WITH EXCEPTIONS THERETO. THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Existing provisions of chapter 8 of the Municipal Code of the City of Grand Terrace pertaining to health, sanitation and environmental health are inappropriate in view of recent extensive revisions to and renumbering of Division 3, Title III of the San Bernardino County Code, now known as the Uniform Environmental Health Code , previously adopted by reference by this City. SECTION 2. The Municipal Code of the City of Grand Terrace is hereby amended by repealing sections 8.04, 8.08, 8.28, 8.32, 8.36, 8.48, 8.60, 8.64, 8.76, 8.80, 8.84, 8.88, 8.92 and 8.100. SECTION 3. The Municipal Code of the City of Grand Terrace is hereby amended by restating the substance of those provisions repealed in foregoing Section 2. and adding other environmental health regulatory subjects as follows : CHAPTER 8. Environmental Health Code (EHC) Sections : 8.04.010 - Purpose. 8.04.140 - Exceptions to Adopted Code. 8.04.150 - Remedies/Penalties. Section 8.04.010 - Purpose Pursuant to California Health and Safety Code Section 480 et seq. , 500 et seq. , 1155.5, Title 17 of the California Administrative Code, and other relevant state law, for the protection of the environmental public health, the issuance of permits and collection of fees, and providing penalties and remedies for the violation of such regulations , there is hereby adopted by the City of Grand Terrace as its Environmental Health Code (EHC) , that certain code known as the Uniform Environmental Health Code , being Chapters 1-11, Division 3, Title III of the San Bernardino County Code, except as provided in section 8.04.140 following. The City of Grand Terrace designates the San Bernardino County Department of Environmental Health Services (DENS) as the enforcement agency for the purpose of this Environmental Health Code and all state law pertaining to environmental health. Pursuant to California Government Code Section 50022.6, a copy of said code is on file in the office of the City Clerk of the City of Grand Terrace and the same is hereby adopted and incorporated as fully as if set out at length herein. Section 8.04.140 - Exceptions to Adopted Code The Environmental Health Code is amended , changed , or deleted as follows: i Chapter 7 - Article 2 - Underground Storage of Hazardous Substances, is deleted. Chapter 8 - Article 2 - Refuse collection, is deleted. Chapter 8 - Article 4 - Sewage Holding Tanks , Article 6 - Designated Maintenance Areas, and Article 7 - Operation of Multiple Ownership Septic Systems, are deleted. 8.04.150 - Remedies/Penalties It shall be unlawful for any person or entity to deny access, interfere with, prevent, restrict, obstruct, or hinder the Department of Environmental Health Services ' (DENS) employees or agents acting within the scope of their duty or agency. Offering physical resistance or bodily attack upon authorized representatives of DEHS acting within the scope of their duty or agency is a misdemeanor, punishable by imprisonment in the County jail for not less than ten (10) days, without the alternative of a fine. In addition to criminal prosecution, civic action, and every other remedy or penalty provided by law, public nuisance may be abated or enjoined in an action brought by DEHS, or under circumstances immediately dangerous to public health or safety may be summarily abated by DEHS enforcement officers as provided herein or otherwise in the manner provided by law for the summary abatement of public nuisances. Except where punishable as a misdemeanor or felony under State law or herein, any person or entity who violates any provision of this Environemtnal Health Code (EHC) shall be guilty of an infraction and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars ($25.00) but not exceeding one hundred dollars ($100.00) for a first violation, a fine not exceeding two hundred dollars ($200.00) for a second conviction, within one (1) year, and a fine not exceeding five hundred dollars ($500.00) for the third conviction within one ( 1) year, the fourth and additional convictions -2- within one ( 1) year shall be punishable as misdemeanors and shall be punished by a fine not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00) , or by imprisonment in the County jail for a term not exceeding six (6) months, or both, and such convicted person or entity may in the discretion of the court be adjudged in addition to the above penalties, to be liable to DEHS for all necessary costs incurred in investigation, discovery, analysis, inspection, clean-up, and other actual costs incurred by DEHS or its agents pertaining to the violation. Except where punishable as a misdeameanor or felony under State law or herein, any person or entity who violates any provision of this Environmental Health Code (EHC) shall be guilty of an infraction and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars ($25.00) but not exceeding one hundred dollars ($100.00) for a first violation, a fine not exceeding two hundred dollars ($200.00) for a second conviction, within one ( 1) year, and a fine not exceeding five hundred dollars ($500.00) for the third conviction within one ( 1) year, the fourth and additional convictions within one ( 1) year shall be punishable as misdemeanors and shall be punished by a fine not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00) , or by imprisonment in the County jail for a tern not exceeding six (6) months, or both, and such convicted person or entity may in the discretion of the court be adjudged in addition to the above penalties , to be liable to DEHS for all necessary costs incurred in investigation, discovery, analysis, inspection, clean-up, and other actual costs incurred by DEHS or its agents pertaining to the violation. Each day or portion thereof in violation shall be considered a separate and distinct offense. The owner, manager, and operator of every activity or facility subject to the jurisdiction of this EHC shall be responsible for any violation by any employee of any of its provisions. Payment of any penalty or serving any term of imprisonment herein provided shall not relieve any person or entity from the responsibility of correcting the condition constituting the violation. SECTION 4. Effective Date - This Ordinance shall be in full force and effect at 12.01 a.m. on the 31st day after its adoption. SECTION 5. Posting - The City Clerk shall cause this Ordinance to be posted in three (3) public places within fifteen ( 15) days of its adoption, as designated for such purpose by the City Council . SECTION 6. First read at a regular meeting of the City Council of said City held on the 28th day of May, 1987, and finally adopted and ordered posted at a regular meeting of said City Council on the llth day of June, 1987. -3- ATTEST: Ci y Clerk of the ity of and Mayo of 'the it of Grand Terrace Terrace and of the City Council and f the City Coun i 1 thereof. thereof. I, LORETTA THOMPSON, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 11th day of June, 1987, by the following vote: AYES: Councilmembers Pfennighausen, Grant, Evans, Crawford ; Mayor Matteson. NOES: None ABSENT: None ABSTAIN: None City Cl a rk Appro ed as to form City Attorney -4-