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amended by restating the substance of those provisions repealed in foregoing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
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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.
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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
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