ORDINANCE NO. 9322 (NEW SERIES)
AN ORDINANCE AMENDING PORTIONS OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO FEE ADJUSTMENTS FOR THE DEPARTMENT OF ENVIRONMENTAL HEALTH FOR FISCAL YEAR 2001-02
The Board of Supervisors of the County of San Diego ordains as follows:
Section 1. The Board of Supervisors finds and determines that the Department of Environmental Health’s cost of doing business has significantly increased since Fiscal Year 1992-93, as reflected by an increase of 26 percent in the San Diego region’s Consumer Price Index and County employee salary increases totaling 24 to 41 percent since that time. Additionally, the Board of Supervisors finds and determines that the Department of Environmental Health is currently not recovering full costs for its services from regulated businesses as mandated by Board Policy B-29: Fees, Grants, Revenue Contracts—Department Responsibility for Cost Recovery. Accordingly, the Board of Supervisors authorizes the Department of Environmental Health to adjust its fees such that the Department achieves full cost recovery, with the exception of additional information technology outsourcing costs and certain services provided to nonprofit organizations, for services rendered to industry pursuant to Board Policy B-29. The appropriate sections of the San Diego County Code shall be amended to reflect the fee adjustments for the Department of Environmental Health for Fiscal Year 2001-02. The provisions of this ordinance shall be operative as of July 1, 2001.
Section 2. Section 65.102 of the San Diego County Code is hereby amended to read as follows:
SEC. 65.102. ANNUAL INSPECTION FEE FOR ENVIRONMENTAL HEALTH REGULATED ACTIVITIES
Every person applying for a permit, license or registration for a food establishment, apartment house or hotel, organized camp, public swimming pool, sewage pumping vehicle, unified program facility or other environmental health regulated business or facility for which an annual or one time permit, license or registration is required under the provisions of this Code and issued by the Director of the Department of Environmental Health shall at the time of making application for the permit, license or registration pay the permit, license or registration fees, as set forth in Section 65.107.
Section 3. Section 65.103 of the San Diego County Code is hereby amended to read as follows:
SEC. 65.103. INVESTIGATION BY DEPARTMENT OF ENVIRONMENTAL HEALTH
Upon receipt of such application, accompanied by the required fee, it shall be the duty of the Director of the Department of Environmental Health 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, or in the case of a unified program facility investigate the conditions in and about the place where it is proposed to conduct the activities subject to the unified program requirement specified in the application. If the Director of the Department of Environmental Health determines 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, or in the case of a unified program facility the facility complies with unified program facility requirements of this Code and State laws, a permit, license, or registration shall thereupon be granted. Such permit, license, or registration shall be granted only upon the express condition that it shall be subject to revocation or suspension by said Director of the Department of Environmental Health upon a showing satisfactory to said Director of the Department of Environmental Health of a violation by the holder of such permit or any person acting with his consent or under his authority, of any applicable provisions of law regulating places or activities of the character for which the permit, license, or registration is granted.
Section 4. Section 65.104 of the San Diego County Code is hereby amended to read as follows:
SEC. 65.104. RENEWAL OF PERMIT, LICENSE OR REGISTRATION
A permit, license, or registration issued pursuant to this Title 6 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 set forth as follows:
(a)The permit for sewage pumping vehicles shall expire on December 31 of each year. The permit for newly permitted food vending vehicles and newly permitted food vending machines shall also expire on December 31 of each year. “Newly permitted” is defined as “not permitted to the same owner or operator within the last three years by the Department of Environmental Health.” The annual fees shall be pro-rated as follows:
- If the permit is issued during the period of January 1, to June 30, the full annual rate is due.
- If the permit is issued after June 30, the rate shall be one-half (1/2) of the annual rate or at full cost recovery whichever is more.
(b)The operating permit for underground storage tanks shall be renewed as per Sections 68.1003 and 68.1009 of this Code.
At the time application is made, there shall be paid to the Department of Environmental Health the required annual fee, which fee is due and payable each year by the expiration date of the permit.
Section 5. Section 65.105 of the San Diego County Code is hereby amended to read as follows:
SEC. 65.105. DELINQUENT PAYMENTS.
- Any fee which is not paid by the annual permit expiration date, or for invoiced fees other than annual permits, thirty (30) days from the invoice date, is delinquent.
B. In any case where a fee is delinquent, an initial penalty of fifty dollars ($50) or an amount equal to 50% of the fee, whichever is less, shall be added to and collected with the required fee.
C.In any case where a fee is delinquent, and the annual permit fee or invoiced fee and the initial penalty fee are not paid on or before the last day of the month following the annual permit expiration date, or for invoiced fees other than annual permits, thirty (30) days from the invoice date, an additional penalty of one hundred ($100) or an amount equal to 100% of the fee, for a total penalty of one hundred-fifty dollars ($150) or 150% of the fee, whichever is less, will be added to and collected with the required fee.
D. 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.
E. The delinquent penalty fee may be waived by the Director of the Department of Environmental Health in case of error made by Department of Environmental Health staff, in case of circumstances beyond the control of the applicant, or when the applicant has not held an environmental health permit during the past five years, and was unaware that an environmental health permit was required.
Section 6. Section 65.107 of the San Diego County Code is hereby amended to read as follows:
SEC. 65.107. FEES.
The fee for each permit, plan review, license or registration issued or investigation performed pursuant to the provisions of this division is set forth herewith:
(a) FOOD FACILITY PERMIT FEES: As required by Part 7 (Commencing with Section 113700) of Division 104 of the California Health and Safety Code, California Uniform Retail Food Facilities Law,
(1)For restaurants.
0 to 2 employees . . . . . $360.00
3 to 10 employees . . . .$425.00
11 to 25 employees . . . . $490.00
26 to 100 employees . . . . $595.00
101 or more employees . . . . $1,095.00
For each food facility unit in excess of 3 at the same location. . . .$425.00, or the food facility permit fee, whichever is less.
Public Premise, ABC permit type 42 or 48 . . . . $290.00
Unscheduled reinspection fee . . . . $85.00
(2)For Concession Stands . . . . $100.00
(3)For Retail Markets, other than Candy Stores:
1 to 25 employees . . . . $225.00
26+ employees . . . . $275.00
(4)For Candy Stores . . . .$90.00
(5)For Food establishments vending pre-packaged non-refrigerated, non-potentially hazardous foods . . . . $80.00
(6)For temporary food facilities at a community event, not to exceed 25 consecutive or non-consecutive days in a 90 day period.
Non-profit applicants and non-profit temporary event organizers are exempt from the fee for temporary food facilities at a community event with the exception of the late application submittal fees.
Prepackaged Non-Potentially Hazardous Foods
Event Permit (1-3 days) . . . .$55.00
Annual Permit . . . . $200.00
Late application submittal, supplemental fee paid in addition to required fee. Less than 14 days prior to the event . . . .$30.00
Unpackaged Foods/Potentially Hazardous Foods
Event Permit (1-3 days) . . . . $100.00
Annual Permit . . . . $400.00
Late application submittal, supplemental fee paid in addition to required fee. Less than 14 days prior to the event . . . .$50.00
Temporary Event Organizer
Event Permit (1-3 days). . . .$100.00
Annual Permit . . . .$400.00
Site Plan Late Submittal (less than 14 days prior to the event) . . . . $50.00
(7)For food establishments operating retail markets and restaurants or delicatessens on the same premises:
1 to 10 employees . . . . $325.00
11+ employees . . . . $480.00
For food preparation areas in excess of 3 . . . . $300.00
Unscheduled reinspection fee . . . . $85.00
(8)For food vending commissary (headquarters):
Vending machine commissary . . . . $175.00
Mobile Food Facility or Mobile Food Preparation Vehicle Commissary . . . . $200.00
(9)For each mobile food facility, other than mobile food preparation units, under the same ownership and operating out of the same establishment:
Packaged Lunch Truck . . . . $175.00
Produce/Ice Cream/Other Mobile Food Facilities (Vehicles) . . . . $140.00
Boats . . . . $185.00
(10)For each mobile food preparation unit under the same ownership and operating out of the same establishment . . . .$305.00
Non-profit Operations . . . . $190.00
Mobile food structural certification, supplemental inspection . . . .$120.00
(11)For Mobile Food Facilities (push carts):
Annual site permits
Pre-packaged foods . . . . $155.00
Food Preparation . . . . $280.00
(12)For each vending machine dispensing milk, ice cream or milk products or other kinds of potentially hazardous foods or beverages, or dispensing unbottled or uncanned liquid foods or beverages, except vending machines which dispense unwrapped non-potentially hazardous, non-liquid food products . . . . $15.00
(13)Wholesale Food Warehouse . . . . $300.00
(14)For Food Processing Establishments:
Retail . . . . $400.00
(15)Catering:
Type II . . . . $340.00
Equipment Rental . . . . $70.00
Supplemental catering permit for permitted food facility (restaurant or retail market with a restaurant /deli) for food preparation or serving offsite . . . . $100.00
(16)Bed and Breakfast . . . . $150.00
(17)For food establishments that are non-profit. . . .$145.00
(18)School food facilities – Processing . . . . $205.00
(19)School food facilities – satellite food distribution . . . . $75.00
(20)Retail food delivery - Delivery of retail food items by other than an employee of the DEH permitted food facility, which was the source . . . .$50.00
(21)Foodborne illness and/or recall investigation for activities without a current food facility
permit issued by San Diego County DEH . . . . Hourly rate as specified in section (k)(12).
(22)Unscheduled reinspection fee . . . . $85.00
(23)Fee for investigation of a food facility operating without a health permit will be 200% of
the annual permit fee payable in addition to the permit fee.
(24)Food inspections consolidated with hazardous materials inspections. . . .$65.00
(b) HOUSING PERMIT FEESINSPECTION FEES FOR APARTMENT HOUSE, CONDOMINIUM OR HOTEL AS PROVIDED IN SECTION 66.1003:
(1)For each apartment house, non-owner occupied condominium complex or hotel containing three or more units . . . . $80.00
(2)For each unit in excess of three (3) . . . . $2.50
"UNIT" shall mean each apartment in an apartment house, separate dwelling of a condominium and each sleeping room in a hotel, and each apartment and each hotel sleeping room in a building, containing both apartments and hotel sleeping rooms.
Separate apartment house buildings, condominiums and separate hotel buildings, or combination thereof, located upon a single parcel of land or contiguous parcels of land or under the same ownership shall be treated as one apartment house, condominium or hotel for the purpose of computing the fee prescribed by this section.
(3)For each owner-occupied condominium complex containing three or more units . . .
$50.00
(4)Non-profit housing . . . .$80.00
(5)Unscheduled reinspection fee . . . . $85.00
(c) PUBLIC POOL PERMIT FEES:
(1)For one (1) pool . . . . $195.00
(2)For two (2) pools . . . . $235.00
(3)For three (3) pools . . . . $360.00
(4)For four (4) pools . . . . $385.00
(5)For five (5) pools . . . . $420.00
(6)For each pool in excess of 5 as provided for in Section 67.302 . . . $70.00
(7)Inactive or closed pool . . . . $50.00
(8)Public Bath House . . . . $600.00
(9)Non-profit operated pools . . . $80.00
(10)Unscheduled reinspection fee . . . . . $85.00
(d)ENFORCEMENT/INVESTIGATION FEES:
Office hearing . . . . $180.00
Suspension or revocation hearing . . . . $360.00
Sherman food investigation, with a confirmed violation . . . . Hourly rate as specified in section (k)(12)
(e)LAND USE FEES:
(1) Well Permit Application, as provided for in Section 67.441.B
Domestic Well………………..$270.00
Public Water Supply Well……$475.00
Well Destruction/Per well over one on same parcel……$90.00
(2)Onsite Wastewater System Inspection, as provided for in Section 68.326 . . . $215.00
Onsite Wastewater System Re-Inspection, as provided for in Section 68.326 . . . .$90.00
Onsite Wastewater System Repair Inspection. . . .$190.00
(3)Deposit for Major Use Permits, Special Project review as provided for in Section 68.326.2 . . . . (Initial deposit, additional funds may be required for full cost recovery) . . . .$700.00
(4)Layouts/Percolation Test, as provided for in Section 68.328.1:
New Construction . . . .$490.00
Additions/Pools . . . . $420.00
Re-Review . . . .Hourly rate as specified in section (k)(12)
Layout over the counter, no field investigation . . . .$55.00
(5)Septic Cleaner Examination Fee, as provided for in Section 68.602 . . . . $50.00
(6)Septic Cleaner Registration, as provided for in Section 68.604 . . . . $50.00
(7)Sewage Pumping Vehicle, as provided for in Section 68.604a . . . .$65.00
(8)Deposit for a Tentative Map on septic as provided for in Section 81.201.1 (Initial deposit, additional funds may be required for full cost recovery) . . . $3,000.00
(9)Deposit for a Tentative Map on public sewer as provided for in Section 81.201 (Initial deposit, additional funds may be required for full cost recovery) . . . .$1,000
(10)Tentative Parcel Map on septic as provided for in Section 81.207(d):
For one (1) or two (2) parcels . . . . $535.00
For three (3) or more parcels. . . .(Initial deposit, additional funds may be required for full cost recovery) . . . .$1,000
Re-Review . . . .Hourly rate as specified in section (k)(12)
(11)Tentative Parcel Map on sewer as provided for in Section 81.207(d). Field check only . . . . $420.00
(12)Boundary Adjustment/Certificate of Compliance, as provided for in Sections 81.902.2, 81.1105.1 . . . .$225.00
For each lot over two (2) . . $90.00
Re-Review . . . .Hourly rate as specified in section (k)(12)
(13)Grading Plan, Major, as provided for in Section 87.204.1 . . . .$225.00
Re-Review . . . . Hourly rate as specified in section (k)(12)
(14)Graywater System Permits
Plan Review - over the counter, as provided for in Section 68.326.1 . . . $55.00
Plan Review - with field check, as provided for in Section 68.352 . . . $240.00
Re-Review. . . .Hourly rate as specified in section (k)(12)
Installation Inspections, as provided for in Section 68.352:
Simple one component systems . . . .$180.00
Multiple component systems . . . .$270.00
Complex Systems (Initial deposit; additional funds may be required for full cost recovery). . . .$500.00
Re-Inspection fee, as provided for in Section 68.352 . . . .$90.00
(15)Onsite Wastewater System Annual Operating Permit, as provided for in Section 68.334……$180.00
(16)Enforcement Fee, as provided for in Section 68.334.2 . . . .Hourly rate as specified in
section (k)(12)
(17)Backflow Tester Certificate, as provided for in California Health and Safety code,
Section 116810 . . . .$75.00
(18)Backflow Tester Listing Fee, as provided for in California Health and Safety Code, Section 116810 . . . .$30.00
(f) SMALL WATER SYSTEM FEES:
(1)Small Water Systems New Permit Application Fee: as provided for in
California Health and Safety Code, Sections 101325, 116340, 116570, 116595.
(Initial deposit, additional funds may be required for full cost recovery)……$1,000
(2)Public Water System Change of Ownership/Permit Amendment/Exemption/Plan
Review/Variance/Waiver Processing Fee, as provided for in California Health and Safety Code, Sections 101325, 116580, 116595…..(Initial deposit, additional funds may be required for full cost recovery)…..$500.00
(3)State Small Water System Change of Ownership Fee, as provided for in California Health and Safety Code, Sections 101325, 116340 . . . .$220.00
(4)State Small Water System Permit Amendment Fee, as provided for in California Health and Safety Code, Sections 101325, 116340…$295.00
(5)Public Water System Annual Drinking Water Operating Fee: as provided for in California Health and Safety Code, Sections 101325,116565, 116595.
Community Water System:
1-50 service connections. . . .$460.00
51-100 service connections. . . .$480.00
101-199 service connections. . . .$550.00
For each connection over 100. . . . $2.00
Transient, Non-Community Water System:
1-15 service connections. . . .$440.00
16 or more service connections. . . .$500.00
Non-Transient, Non-Community Water System…….$440.00
Exempt Non-Community Water System……………$80.00
Public School Water System. . . .$350.00
(6)State Small Water System Annual Drinking Water Operating Fee, as provided in
California Health and Safety Code, Sections 101325, 116340……….$440.00
(7)Enforcement fee, as provided for in California Health and Safety Code, Section 116595:
Charged using the hourly rate specified in section (k)(12), for any of the following:
(a)Preparing, issuing, and monitoring compliance with, an order or a citation.
(b)Preparing and issuing public notification.
(c)Conducting a hearing pursuant to Section 116625.
The Local Primary Agency (LPA) shall submit an invoice to the public water system that requires payment prior to September 1st of the fiscal year following the fiscal year in which the costs were incurred. The invoice shall indicate the total hours expended, the reasons for the expenditure and the hourly cost rate of the LPA. The invoice shall not exceed the total costs to the LPA of enforcement activities specified in this subdivision. The LPA shall not be entitled to enforcement costs pursuant to this subdivision if either a court or the LPA determines that enforcement activities were in error. “Enforcement costs” as used in this subdivision do not include “litigation costs” as used in the California Health and Safety Code, Section 11685. The maximum reimbursement, pursuant to this subdivision, by a public water system serving less than 1,000 connections during any fiscal year shall not exceed twice the maximum for that public water system as set forth in California Health and Safety Code, Section 116565, subdivision (c).
(g)SOLID WASTE FEES: Solid Waste fees as provided in Sections 43213, 43508 and 44006, Part 4, Division 30, of the Public Resources Code.
(1)Landfills:
Large - Permitted to receive more than 500 tons per day . . . .$44,265
Small - Permitted to receive 500 tons or less per day . . . . $21,325
(2)Transfer/Processing Facilities and Operations:
Major Large Volume Facility - Permitted to receive/process greater than 1,000 tons per day – Twelve (12) inspections per year . . . .$13,835
Minor Large Volume Facility – Permitted to receive/process more than 100 and up to 1,000 tons per day – Twelve (12) inspections per year . . . .$9,685