ORDINANCE NO._______________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO,

STATE OF CALIFORNIA

* * * * * *

ORDINANCE AMENDING AND DELETING VARIOUS SAN MATEO COUNTY ORDINANCE CODE SECTIONS TO IMPLEMENT THE PLACEMENT OF ALL COUNTY HEALTH FUNCTIONS WITHIN A NEW HEALTH SYSTEM DEPARTMENT

 

The Board of Supervisors of the County of San Mateo, State of California, ORDAINS as follows:

 

SECTION 1. Sections 2.00.020 and 2.00.080 of Chapter 2.00 of Title 2 of the San Mateo County Ordinance Code are amended to read as follows:

 

2.00.020 County departments.

(a)

Administrative Services;

(b)

Assessor-County Clerk-Recorder;

(c)

Child Support Services;

(d)

Community Services;

(e)

Controller;

(f)

Coroner;

(g)

County Counsel;

(h)

County Manager/Clerk of the Board of Supervisors;

(i)

District Attorney-Public Administrator;

(j)

Health System;

(k)

Housing;

(l)

Human Resources;

(m

Human Services;

(n)

Information Services;

(o)

Intergovernmental and Public Affairs;

(p)

Parks;

(q)

Planning and Building;

(r)

Probation;

(s)

Public Works;

(t)

Sheriff;

(u)

Tax Collector-Treasurer;

(v)

Five departments, one for each Office of Supervisor.

 

2.00.080 Departmental name changes.

All references in this code to Employee and Public Services shall mean Human Resources. All references in this code to Health Services Agency or Health Department shall mean Health System.

 
 

SECTION 2. Chapter 2.20 of Title 2 of the San Mateo County Ordinance Code is amended to read as follows:

 

Chapter 2.20 HEALTH SYSTEM

 

2.20.010 Health System.

There is hereby established a Health System under the administrative supervision of the Director of the Health System. The Director of the Health System may also be referred to as the Chief of the Health System.

 

2.20.020 Duties of Director of the Health System.

The Director of the Health System shall be charged with the enforcement of all County ordinances and State laws and applicable State regulations relating to health and sanitation. The Director shall oversee the management by the Chief Executive Officer of San Mateo Medical Center and any clinics established and operated by the County. The Director shall also administer all programs pertaining to the local Emergency Medical Services Agency, environmental health services, behavioral health and recovery services, sanitation, community health, correctional health, vital statistics, aging and adult services, family health, animal licensing and animal control, and agricultural services. The Director shall also formulate policies and procedures for the operation of the various health programs and services rendered by the department. The Director shall also supervise and control the issuance of any permits required under County ordinance or State laws relating to health and sanitation programs rendered by the department.

 

2.20.030 Director of the Health System as Public Guardian.

There is hereby created the office of Public Guardian of the County of San Mateo, State of California. The Director of the Health System is hereby appointed Public Guardian and shall have the powers and duties prescribed by general law for said office of Public Guardian. The Director of the Health System may designate the Director of Aging and Adult Services as Public Guardian.

 

2.20.040 San Mateo Medical Center Policies and procedures.

The Chief Executive Officer, San Mateo Medical Center, shall be responsible for the development and implementation of rules and regulations concerning policies and procedures in the administration of all San Mateo Medical Center programs. Such rules and regulations shall be presented for review and approval to the San Mateo Medical Center governing board and/or the Board of Supervisors, where applicable.

 

2.20.050 Repayment of aid.

Procedures for securing payment for care shall be established to implement the statutes contained in the Welfare and Institutions Code. San Mateo County may require recipients of care to sign an agreement to reimburse the County for care provided. A recipient may be required to execute a lien on any real property, owned or acquired by said recipient, to secure the repayment of monies expended by the County for the recipient’s support. The Chief Executive Officer, San Mateo Medical Center, shall adopt a scale for determining the amount of payment required, based on the following factors:

1.

Amount of the account or sums due the County;

2.

The actual market value of the debtor’s real property; and

3.

Liabilities and responsibilities of the debtor. Such liens may not be enforced during the life of the recipient, unless the property securing same is sold, conveyed, or otherwise disposed of, but any income from such property shall be applied to the cost of said aid. In those cases in which the recipient is survived by a dependent spouse or child, the lien may not be enforced until the death of that spouse or child, or until such time as said spouse or dependent child has achieved self-maintenance, or until the property is sold, conveyed, or otherwise disposed of.

 

2.20.060 Fixing of San Mateo Medical Center facility rates.

The Board of Supervisors may fix, by resolution, the rates to be charged for services rendered by any San Mateo Medical Center facility to those persons or responsible relatives who are able to pay all or a portion of the cost of such services. Such determination shall be based upon a study of the cost to the County of rendering such services.

 

2.20.070 Applicant for San Mateo Medical Center care to make written statement.

Before any medical or hospital care at San Mateo Medical Center, except emergency care, shall be given to or for any person, such person may be required to make a written verified statement of all monies and income which such person receives each month, and the nature, location, and value of all property and assets in which such person has any interest, legal, equitable, or otherwise, and the names, places of residence, and income of all family members who have a legal obligation to support the patient.

 

2.20.080 Fee schedule and payment schedule for indigents receiving care and services at San Mateo Medical Center.

(a)

The amount of the hospital charge and the method of payment of that charge to be paid by each patient eligible for services pursuant to Welfare and Institutions Code section 17000 shall be determined according to a fee schedule and a payment schedule established by the Chief Executive Officer, San Mateo Medical Center, and approved by the San Mateo Medical Center governing board and Board of Supervisors. The fee schedule and the payment schedules shall be based upon the patient’s income and the size of the patient’s family unit, which shall be defined as the number of persons in the unit which the patient has the legal obligation to support, or the number of persons in the unit which have a legal obligation to support the patient.

(b)

Upon determination of the charges owed by the patient, the patient shall be billed for that amount.

(c)

All patients, other than those who are determined to be able to pay for the full cost of services shall be advised in writing that should they come into possession of assets, other than funds received under a program of public assistance, that would render them financially able to pay either in whole or in part for the services furnished them at less than full charges, they will be billed for the amount of charges which were discounted.

 

2.20.090 County officer authorized to compromise hospital charges.

Pursuant to Health and Safety Code section 1473, the Chief Executive Officer, San Mateo Medical Center, is designated as the County officer authorized to adjust or compromise San Mateo Medical Center charges. The Chief Executive Officer may adjust or compromise hospital charges for any of the reasons stated in Health and Safety Code section 1473.

 

SECTION 3. Section 2.21.020 of Chapter 2.21 of Title 2 of the San Mateo County Ordinance Code is amended to read as follows:

 

2.21.020 Director of Mental Health Services.

The Community Mental Health Services program shall be administered by the Director of the Health System. The Director of the Health System may delegate responsibility for the Community Mental Health Services program to an appropriate designee.

 

SECTION 4. Chapter 2.22 of Title 2 of the San Mateo County Ordinance Code is hereby repealed.

 

SECTION 5. Sections 2.25.010 through 2.25.060 of Chapter 2.25 of Title 2 of the San Mateo County Ordinance Code are amended to read as follows:

 

2.25.010 Purpose.

The County of San Mateo has a paramount interest in protecting the health and safety of the public and in providing the highest standard of health care. To further this interest, County employees and contractors who perform health care services at County-operated health care facilities should be encouraged to report to their supervisor adverse events in health care facilities operated by the County. Members of the public also should be encouraged to report adverse events occurring in the hospital or its clinics to San Mateo Medical Center’s Quality Management and to report adverse events occurring at all other County-operated health care facilities, labs or clinics to the Director of the Health System.

 

This ordinance describes the kinds of adverse events that should be reported and sets forth the reporting and investigative process to be followed. These reports and investigations shall be done in such a manner as to not violate state or federal laws regulating the privacy of protected health care information and are in addition to any other statutory reporting requirements.

 

This ordinance also protects all those employees who make such reports from retaliation from reporting the event or providing information about the event.

 

2.25.020 Definition and description of adverse events.

An adverse event is an unintended situation that arises from an error in medical diagnosis, procedure, equipment, product, medication or other patient care that results in death or serious injury. Serious injury includes loss of limb or function. Examples of such unintended situations include, but are not limited to, those events listed below which have been derived from the National Quality Forum’s List of 27 Serious Reportable Events.

(a)

Surgical events such as, but not limited to, surgery performed on the wrong person or body part, performing the wrong surgical procedure, leaving foreign objects in patients, and death during or immediately after surgery.

(b)

Product or device events such as, but not limited to, deaths or serious injuries associated with malfunctioning devices, contaminated drugs, devices or biologics, and intravascular air embolism.

(c)

Patient protection events such as, but not limited to, switched babies, patient disappearances where the patient lacks decision-making capacity, and suicides and attempted suicides of patients while admitted.

(d)

Care management events such as, but not limited to, patient deaths or serious injuries resulting from medication errors, administration of incompatible blood or blood-products, labor or delivery, hypoglycemia, severe ulcers acquired after admission, and spinal manipulation therapy.

(e)

Environmental events such as, but not limited to, patient deaths or serious injuries resulting from electrical shock, gas line errors, burns, falls, and the use of restraints or bedrails.

(f)

Criminal events such as, but not limited to, impersonation of physicians or other providers, patient abductions, sexual assaults on patients, and patient or staff deaths or significant injuries due to physical assaults.

 

2.25.030 Reporting of adverse events regarding the provision of health care.

Reporting of adverse events regarding the provisions of health care shall be reported as follows:

(a)

Reporting by Employees. Any employee who believes, observes or otherwise becomes aware of an adverse event involving the provision of health care that has occurred at a County-operated health care facility must immediately report the event to his/her supervisor/manager.

(b)

Reporting by Contractors. Any contractor who performs health care services at County-operated health care facilities, who believes, observes or otherwise becomes aware of an adverse event involving the provision of health care that has occurred at a County-operated health care facility must immediately report the event to the applicable manager.

(c)

Reporting by Members of the Public. A patient, health care professional (who is not an employee or contractor), or any other member of the public who believes that an adverse event involving the provision of health care has occurred at a County-operated health care facility, should be encouraged to report the event to staff. Staff should then immediately report the incident to his/her manager/supervisor. For those incidents that occur in the hospital or its clinics the reports should be directed to San Mateo Medical Center’s Quality Management. For those occurring at all other County-operated health care facilities, labs or clinics, the reports should be directed to the Director of the Health System.

 

2.25.040 Process to be used after receiving a report made pursuant to section 2.25.030.

Upon receipt of a report made pursuant to section 2.25.030 of this chapter, the recipient manager/supervisor shall promptly report the matter to the Director of the Health System or his/her designee, within twenty-four hours of receiving notice of the matter, shall report the event to the County Manager. The County Manager shall notify the County Counsel who, in consultation with the County Manager, shall provide the Board of Supervisors with a summary of the event, as appropriate.

 

For all adverse events occurring at the San Mateo Medical Center, the Director of the Health System, in consultation with the County Manager, County Counsel, San Mateo Medical Center CEO and the President of the San Mateo Medical Center Board of Trustees, shall determine if the San Mateo Medical Center Board shall convene a special meeting to address the incident. The San Mateo Medical Center Board of Trustees may take any action it deems necessary, including, where appropriate, a recommendation to the Board of Supervisors.

 

All adverse events shall immediately be reported and disclosed to the patient or patient’s legal representative. In addition, the results of any investigation pursuant to section 2.25.050 of this chapter shall also be disclosed to the patient or patient’s legal representative.

 

These reports shall be done in such a manner as to not violate state or federal laws regulating the privacy of protected health care information.

 

2.25.050 Investigation.

Upon notification of an adverse event, the Director of the Health System, or his/her designee, shall promptly refer the matter to the appropriate quality/safety individual, and/or interdisciplinary team, which shall, if appropriate, promptly plan and conduct an investigation. Depending on the nature of the incident, the investigation may involve departmental management, Employee Relations, the Coroner, and/or appropriate licensing and law enforcement agencies.

 

The investigation shall be conducted in accordance with all existing policies, including the Integrated Patient Safety Plan for those facilities covered by such plan. The investigation will determine the existence of system-based causes of adverse events. The investigation will include recommendations of potential improvements that would reduce the likelihood of similar adverse events.

 

Throughout the investigative process, all involved parties will treat the report and related information, including but not limited to information gathered and prepared in the course of the investigation of the incident, as confidential unless otherwise necessary to conduct the investigation. Any disclosure of information shall be done in such a manner as to not violate state or federal laws regulating the privacy of protected health care information.

 

At the conclusion of the investigation, the Director of the Health System, or his/her designee, will take the necessary steps to address the incident, including any necessary systemic changes to minimize or prevent reoccurrence of any such incident. The Director of the Health System, or his/her designee, shall also notify the person who filed the report that investigation has been completed.

 

2.25.060 Semi-annual report of actions taken.

The Director of the Health System shall submit a semi-annual summary report to the Board of Supervisors delineating the types of reports that have been made under this chapter as well as the implementation of any significant new program, policy or facility improvements that have been made as a result of such reports.

 

SECTION 6. Section 2.26.010 of Chapter 2.26 of Title 2 of the San Mateo County Ordinance Code is amended to read as follows:

 

2.26.010 Agricultural Commissioner/Sealer.

The Director of Agricultural Services shall be appointed by and be under the administrative supervision of the Director of the Health System. The Director of Agricultural Services shall act as the Agricultural Commissioner/Sealer for purposes of state law in the performance of any and all duties imposed by the Food and Agricultural Code and the Business and Professions Code.

 

SECTION 7. Section 2.30.020 of Chapter 2.30 of Title 2 of the San Mateo County Ordinance Code is amended to read as follows:

 

2.30.020 Duties of Director of the Human Services Agency.

The Director of the Human Services Agency shall administer the provision of youth and family services, including shelter care and dependent children under Welfare and Institutions Code section 300, programs of community services, self-sufficiency programs, job training, homeless services and other special social service programs, in conformity with the State and Federal statutes and regulations and in accordance with the provisions of the San Mateo County Charter, this code and such other applicable laws, ordinances and regulations as may be hereinafter promulgated.

 

SECTION 8. Section 4.04.050 of Chapter 4.04 of Title 4 of the San Mateo County Ordinance Code is amended to read as follows:

 

4.04.050 Referral of application. Hearing.

Upon the filing of the application, the Board of Supervisors shall refer and submit such petition to the Health Officer or Director of the Health System, who shall make a thorough investigation of the matters set forth in the petition and all other circumstances and conditions by him deemed material and make a full and complete report, together with recommendations, to the Board of Supervisors at the second regular meeting after the filing of the application, at which time a public hearing shall be held. Notice of said hearing shall be given to the applicant orally at the time the application is filed or thereafter by mail.

 

The Board shall, at the said hearing, consider the aforementioned report and hear protests against and arguments for granting such permit from the point of view of public health, from time to time for the purpose of hearing additional facts and obtaining additional information.

 

SECTION 9. Subsections (g) and (h) of Section 4.20.010 of Chapter 4.20 of Title 4 of the San Mateo County Ordinance Code are amended to read as follows:

 

4.20.010 Definitions.

(g)

“Health System” is the Health System.

(h)

“Health System Director” is the Director of the Health System or his or her duly authorized agent.

 

SECTION 10. Sections 4.20.030 through 4.20.070 of Chapter 4.20 of Title 4 of the San Mateo County Ordinance Code are amended to read as follows:

 

4.20.030 Permit required.

Every milk producer who operates a dairy farm within the jurisdiction of San Mateo County Milk Inspection Service, and whose dairy farm is inspected by San Mateo County Milk Inspection Service, shall apply for and obtain a dairy farm permit from the Director of the Health System, as hereinafter provided.

 

It shall be unlawful for any person to process, sell or distribute any market milk or other fluid dairy products in the County of San Mateo without first having applied for and obtained a Dairy Products Permit from the Director of the Health System, as hereinafter provided.

 

4.20.040 Application for permit.

An application for a Dairy Farm Permit or a Dairy Products Permit shall be made in writing to the Health System upon a form supplied by the Health System Director and shall designate the location of the operations to be performed, the nature of such operations and give such other information as may be required by said Health System Director.

 

4.20.050 Inspection of premises.

Upon the filing of such application, if premises are located in San Mateo County, the Health System Director shall inspect the premises referred to and their immediate surroundings, together with the equipment, facilities and methods to be employed in conducting the operation to which said application pertains.

 

4.20.060 Issuance of permit.

If the Health System Director finds that all the provisions of this chapter and the Agricultural Code pertaining to such applicant and such premises are complied with, and that conditions of the premises, equipment and facilities involved are compatible with public health, a permit shall be granted upon payment of such fees as may be required by this chapter.

 

4.20.070 Suspension and revocation of permit.

Such permit shall be granted only on the express condition that the same shall be subject to suspension or revocation, after proper hearing, by the said Health System Director for a violation by the holder thereof, or any employee or agent of such holder, of any of the provisions of this chapter or of any rule of the Health System relating to the inspection and sanitary condition of dairies, or upon proof of violation by such holder of any laws of the State of California by providing for the standard and quality of dairy products.

 

SECTION 11. Section 4.20.120 of Chapter 4.20 of Title 4 of the San Mateo County Ordinance Code is amended to read as follows:

 
 

4.20.120 Protective cover--Packaging.

All fluid dairy products in glass containers shall be sealed in a manner that will protect the pouring lip or such package from contamination. The cap or cover used shall cover the pouring lip to at least its largest diameter, shall meet the approval of the Health System Director, and shall be mechanically applied at the time of packaging. The provisions of this section will go into effect one (1) year after the adoption of this chapter.

 

SECTION 12. Sections 4.20.140 and 4.20.150 of Chapter 4.20 of Title 4 of the San Mateo County Ordinance Code are amended to read as follows:

 

4.20.140 Bulk milk dispenser permit.

Every establishment where a bulk milk dispenser is used shall apply for and obtain a bulk milk dispenser permit from the Health System Director. The bulk milk dispenser must be kept in a sanitary condition, and dispense a dairy product that complies with legal standards. Violation of this section shall constitute cause for suspension or revocation of said permit. Said permit shall be valid until revoked.

 

4.20.150 Inspection fees. Processor.

The processing inspection fees required to be paid by this section shall be due on the first day of every month for the preceding calendar month. Said fees are as follows:

(a)

Every processor of market milk under the jurisdiction of the Health System Director shall pay the County of San Mateo through the Milk Inspection Service, Health System, a fee in an amount equal to one mill per gallon of market milk received at the milk processing plant. Such inspection fee shall be adjusted from time to time by the Health System, with the approval of the County Manager, in order that the revenues from the fees shall not exceed the actual cost of making the necessary inspections.

   
 

The above fee when paid shall be accompanied by a report on a form provided by the Health System signed by the manager or person paying the fee setting forth the correct number of gallons of market milk processed during the month which the fee is based.

(b)

Every processor of market milk who receives milk from a Grade “A” dairy inspected by the Health System shall pay a dairy farm inspection fee to the County of San Mateo, through the Milk Inspection Service, Health System, sufficient to cover the cost of the dairy farm inspection. Said fee shall be fixed by the Health Officer, with the approval of the County Manager, and shall not exceed the actual cost of such inspection service as determined by the Health Officer.

(c)

If any fee provided for in this section shall not be paid within thirty (30) days after the same shall become due and payable as herein provided, ten percent (10%) of the amount thereof shall be added thereto as a penalty for nonpayment, and if said fees are not paid within sixty (60) days after becoming due, fifteen percent (15%) of the amount thereof shall be added thereto”.

 

SECTION 13. Section 4.52.040 of Chapter 4.52 of Title 4 of the San Mateo County Ordinance Code is amended to read as follows:

 

4.52.040 Responsibility for enforcement.

The Environmental Health Division of the San Mateo County Health System shall be responsible for the enforcement of this code. The Director of the Health System and his or her designated representatives in said Environmental Health section shall be referred to hereinafter as the “County Health Officer”.

 

SECTION 14. Section 4.72.070, Subsection (b) of Section 4.72.080 and Section 4.72.090 of Chapter 4.72 of Title 4 of the San Mateo County Ordinance Code are amended to read as follows:

 

4.72.070 Tests of backflow prevention devices.

Backflow prevention devices (double check valves, reduced pressure principle devices and pressure vacuum breakers) which have been installed to meet the requirements of Title 17 of the California Code of Regulations and this Ordinance shall be tested when initially installed and at least once each calendar year thereafter by a person authorized by the County Health Officer or the officer’s designated appointee. Records of such tests shall be filed with the Health System, Division of Environmental Health within thirty (30) days after such tests, upon forms provided by the Division of Environmental Health.

 

When a backflow prevention device is inspected and has passed the testing procedure, the authorized tester shall immediately affix an inspection tag to the device. When a backflow prevention device fails the testing procedure, the authorized tester shall immediately affix a “Failed” tag device. The “Failed” tag shall remain affixed until the device is repaired or replaced, has passed the testing procedure and has been affixed with an inspection tag. Both tags shall be purchased by the tester from the Health System, Division of Environmental Health at a fee as set forth in San Mateo County Ordinance Code, section 5.64.070.

 

4.72.080 Qualified testers.

(b)

A tester’s authorization may be suspended or revoked at any time if the County Health Officer or the officer’s designated appointee determines that the tester’s actions may constitute a threat to public health and safety. The tester shall be given notice of such action and shall be given the opportunity of a hearing in front of the County Health Officer or the officer’s designated appointee. Such hearing may be requested within ten (10) working days from the date of notification of the intended suspension or revocation of the authorization. The Foundation for Cross Connection Control and Hydraulic Research shall be informed of all authorization revocations.

   
 

The Health System, Division of Environmental Health shall maintain a current list of names and business addresses of all authorized testers and of all testers whose certificates/authorization have been suspended or revoked. Any tester may be required to undergo additional training, reexamination, other demonstration of competency, or any combination thereof, as may be deemed necessary by the County Health Officer or the officer’s designated appointee.

 

4.72.090 Duty to maintain backflow prevention devices.

It shall be unlawful to use any backflow prevention device required by Title 17 of the California Code of Regulations and this ordinance unless it is in good repair. Devices which are defective shall be repaired and tested immediately upon first use. A report thereof shall be filed with the Health System, Division of Environmental Health within thirty (30) days after such test.

 

SECTION 15. Subsection (d) of Section 4.84.110 of Chapter 4.84 of Title 4 of the San Mateo County Ordinance Code is amended to read as follows:

 

4.84.110 Triennial inspection and renewal.

(d) Payment of a $50.00 renewal fee is made to the County Health System.

 

SECTION 16. Sections 4.96.140 and 4.96.150 of Chapter 4.96 of Title 4 of the San Mateo County Ordinance Code are amended to read as follows:

 

4.96.140 Community Health Director.

Enforcement of this ordinance shall be implemented by the Community Health Director and/or his/her designees. The Health System shall have the right, in connection with any regular annual inspection of a business located in the unincorporated area of the County, to require that the owner, manager, operator or other person having control of such establishment certify that all applicable requirements of this chapter have been complied with.

 

4.96.150 Initiation of enforcement.

Any person may initiate enforcement of this ordinance by notifying the Community Health Director or his/her designee of any violation.

 

SECTION 17. Section 4.96.200 of Chapter 4.96 of Title 4 of the San Mateo County Ordinance Code is amended to read as follows:

 

4.96.200 Enforcement.

The Community Health Director or his/her designee is hereby authorized to institute and pursue, in the name of the County, pursuant to the provisions of section 25132 of the Government Code enforcement of the infractions before the Court.

 

SECTION 18. Sections 4.96.240 through 4.96.260 of Chapter 4.96 of Title 4 of the San Mateo County Ordinance Code are amended to read as follows:

 

4.96.240 Exemptions.

Any owner or manager of a business or other establishment subject to this ordinance may apply to the Community Health Director or his/her designee for an exemption or modification to any provision of this ordinance due to unusual circumstances or conditions.

(a)

Such exemption shall be granted only if the Community Health Director or his/her designee finds from the evidence presented by the applicant for exemption that due to such unusual circumstances or conditions it would cause a substantial impairment of the function of the establishment or business to carry out some or all of the provisions of this ordinance.

   

(b)

The applicant for an exemption shall pay the fee prescribed by the Community Health Director to cover the cost of the hearing and noticing of hearing.

 

4.96.250 Continuing program.

Community Health Director or his/her designee shall engage in a continuing program to inform and clarify the purposes of this ordinance to citizens affected by it, and to guide owners, operators and managers in their compliance.

 

4.96.260 Local operating procedures.

The Community Health Director or his/her designees shall annually request such governmental and educational agencies having offices within the unincorporated area of the County of San Mateo to establish local operating procedures to cooperate and comply with this ordinance. In Federal, State, school districts and special districts within the County of San Mateo, the Community Health Director shall urge enforcement of their existing no smoking prohibitions and request cooperation with this ordinance.

 

SECTION 19. Section 4.96.340 of Chapter 4.96 of Title 4 of the San Mateo County Ordinance Code is amended to read as follows:

 

4.96.340 Enforcement of Labor Code section 6404.5.

(a)

Authority. The provisions of Labor Code section 6404.5, governing smoking in enclosed places of employment, shall be enforced by deputies employed by the San Mateo County Sheriff and by employees of the Health System Division of Community Health as designated by the Director of the Health System provided, however, that employees designated by the Director of the Health System with the authority to enforce Labor Code section 6404.5 may only issue citations to employers and not to patrons, customers, consumers or other guests.

(b)

Health System Division of Community Health Employees as Public Officers. In the performance of their duties of monitoring and enforcing compliance with the provisions of Labor Code section 6404.5, all persons authorized by the Director of the Health System to engage in such enforcement activities shall have the power, authority and immunity of a public officer to issue citations.

(c)

Training Program. The Director of the Health System, in coordination with the Sheriff, shall establish and cause to be administered an enforcement training program designed to instruct each employee so authorized by this section to exercise citation authority. Such training shall include guidance and instruction regarding the evidentiary prerequisites to proper prosecution of violation thereof, the appropriate procedures for issuing citations.

 

SECTION 20. Subsection (a) of Section 4.98.110 of Chapter 4.98 of Title 4 of the San Mateo County Ordinance Code is amended to read as follows:

 

4.98.110 Application, issuance and renewal procedure.

(a)

Application for a tobacco retailer’s permit shall be submitted in the name of the entity or person proposing to conduct retail tobacco sales and shall be signed by such person or an authorized agent thereof. All applications shall be submitted on a form supplied by the Environmental Health Division of the Health System (hereinafter referred to in this chapter as the Environmental Health Division) and contain the following information:

 

1.

The name, address, and telephone number of the applicant;

 

2.

The business name, address, and telephone number of each location where tobacco is retailed; and

 

3.

Such other information as the Director of the Environmental Health Division or his or her designee determines is necessary for implementation of this ordinance codified in this chapter.

 

SECTION 21. Sections 4.100.090 and 4.100.190 of Chapter 4.100 of Title 4 of the San Mateo County Ordinance Code are amended to read as follows:

 

4.100.090 Discharge in violation of permit.

Any discharge that would result in or contribute to a violation NPDES Permit No. CA0029921, the terms of which are incorporated herein by reference, and which is on file in the County’s Health System, Division of Environmental Health, and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify, and hold harmless the County in any administrative or judicial enforcement action relating to such discharge.

 

4.100.190 Notification of spills.

As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed release of materials, pollutants, or waste which may result in pollutants or non-storm water discharges entering the County storm sewer system, such person shall take all necessary steps to ensure the discovery and containment and clean up of such release and shall notify the County of the occurrence by telephoning 372-6200 and confirming the notification by correspondence to the Division of Environmental Health, 2000 Alameda de las Pulgas, Suite 100, San Mateo, CA 94403. In the event that a hazardous material is released, all other applicable reporting requirements must be adhered to.

 

SECTION 22: Section 5.04.140 of Chapter 5.04 of Title 5 of the San Mateo County Ordinance Code is amended to read as follows:

 

5.04.140 License board.

The License Board is hereby created and shall consist of three members, to-wit:

(a)

A Deputy Sheriff to be designated by the Sheriff;

(b)

One member of the Community Health Division to be designated by the Director of the Health System; and

(c)

One member of the staff of the Planning Commission, to be designated by the Planning Commission or Director.

 

SECTION 23. Section 5.36.080 of Chapter 5.36 of Title 5 of the San Mateo County Ordinance Code is amended to read as follows:

 

5.36.080 Sanitary requirements.

All picnic grounds shall meet the following sanitary requirements.

(a)

Each picnic ground shall provide an adequate supply of water of a safe and sanitary quality as determined by the Health System.

(b)

Each picnic ground shall provide one water closet for each sex for each 25 picnic sites. In men’s toilets urinals may be substituted for additional toilet facilities required. Disposal methods to be approved by the Health System.

(c)

Lavatory shall be located in or adjacent to toilet rooms--one for each water closet or urinal up to two plus such additional lavatories as may be required by the Health System.

(d)

Garbage and refuse containers shall be provided. They shall be secure from animals and have tight-fitting lids. Garbage shall be hauled to an approved dump or disposed as directed by the Health System.

(e)

Where horse rental is a part of picnic ground activity, horses or other livestock must be kept out of central or eating area of grounds. Stables and/or corrals must meet requirements of this code governing keeping of horses.

 

SECTION 24. Sections 5.64.030 and 5.64.080 of Chapter 5.64 of Title 5 of the San Mateo County Ordinance Code are amended to read as follows:

 

5.64.030 Responsibility for inspection and fee collection.

The Environmental Health Services Division of the Health System shall be responsible for business inspection and collection of fees.

 

5.64.080 Partnership.

If a fee is paid under this chapter by a partnership which subsequently is changed by the addition or reduction of partners, credit for the payment of said fee may be given to the new partnership upon application for such credit accompanied by payment of a transfer fee of $25.00 (Twenty-Five Dollars) to the Environmental Health Division of the San Mateo County Health System.

 

SECTION 25. Subsection (b) of Section 5.68.010, Sections 5.68.020 and 5.68.030, and Subsection (a) of Section 5.68.040 of Chapter 5.68 of Title 5 of the San Mateo County Ordinance Code are amended to read as follows:

 

5.68.010 Definitions

(b)

“Health Officer” means the Director of the Health System of San Mateo County, or his or her duly authorized representative.

 

5.68.020 Permit to operate.

It shall be unlawful for any person to open, operate, or engage in the business of operating either (a) a retail food production and marketing establishment in geographic areas in which the County Health Officer is responsible for enforcing state statutes, orders, quarantines, rules or regulations relating to public health; or (b) a restaurant, retail food vehicle, vending machine or bakery in unincorporated areas of the County, unless that person holds a valid permit issued by the County Health System.

 
 
 
 

5.68.030 Application for permit.

(a)

Any person desiring to open a food establishment shall apply in writing for a permit to the Health System. He may not engage in business until his application has been accepted and a permit issued.

(b)

Any person who is engaged in the operation of a food establishment at the time this chapter becomes effective shall apply for a permit in writing to the Health System within sixty (60) days following the effective date of this chapter. The Health System shall grant or deny each application within one hundred twenty (120) days after receipt of the application. Thereafter, it shall be unlawful for any person to continue to operate such food establishment without having a permit as herein provided.

 

5.68.040 Issuance, suspension and revocation of permit.

(a)

If, after investigation, it is determined that the food establishment complies with the requirements of state laws and with the requirements of this chapter, a permit shall be issued by the Health System

 

SECTION 26. Section 5.80.120 of Chapter 5.80 of Title 5 of the San Mateo County Ordinance Code is amended to read as follows:

 

5.80.120 Right to inspect.

After a license has been granted by the Board of Supervisors, the Director of the Health System, the sanitary inspector of any sanitary district in which a camp is located, or any duly elected or appointed peace officer of the County of San Mateo shall have the right, which right is hereby made a condition of each license, to enter upon the premises for the purpose of inspecting said premises from the standpoint of public health, peace, safety and welfare, and to enforce the provisions of this chapter.

 

SECTION 27. Section 5.84.010 of Chapter 5.84 of Title 5 of the San Mateo County Ordinance Code is amended to read as follows:

 

5.84.010 Permit fees for labor camps.

The following schedule of fees is established in accordance with Health and Safety Code section 17050(d).

 

Any person applying for an exemption as employee community housing (Health and Safety Code section 17031.3) or a dairy farm labor camp (Food and Agricultural Code section 32505), or for a permit to operate a labor camp, as defined in Health and Safety Code section 17008, shall submit fees for a permit to operate or exemption to the Director of the Health System, or his designated representative, in accordance with the provisions of this section.

(a)

Fees for permit to operate a labor camp are as follows:

 

(1)

Issuance fee of $35.00

 

(2)

Permit to operate fees of $12.00 for each employee the operator intends to house where such housing is supplied by the operator and $12.00 for each lot or site provided for parking of mobile homes or recreational vehicles by employees.

     
 

(3)

Amended permit fee of $20.00 for any transfer of ownership or possession.

 

(4)

Amended permit fee of $20.00 and fees specified in this section for any increase in the number of employees to be housed and additional lots and sites provided for parking of mobile homes or recreational vehicles by employees.

(b)

Fees for an exemption are as follows:

 

(1)

Issuance fee of $35.00

 

(2)

An exemption fee of $12.00 for each permanent housing unit.

 

(3)

Amended exemption fee of $20.00 for any transfer of ownership or possession.

 

(4)

Amended permit fee of $20.00 and fees specified in this section for any increase in the number of permanent housing units.

(c)

The fees for a permit to operate or an exemption shall be considered as inspection fees for the initial inspection of a labor camp or employee community housing. When a re-inspection is required, pursuant to state law and regulations, the operator shall pay re-inspection fees for each such re-inspection as follows:

 

(1)

$39.00 for the first hour.

 

(2)

$19.50 for each additional thirty minutes or fractional part thereof.

(d)

Technical Service and Fees. The Health System may charge technical service fees to any person requesting technical services such as interpretation or clarification of the application of the rules and regulations pertaining to employee housing and/or labor camps if these services are beyond the scope of normal department technical assistance. Technical services for the purpose of this section do not include inspections. Request for such service shall be submitted to the Health System in writing and accompanied by the technical service fee. The fees shall be as follows:

 

(1)

$39.00 for the first hour.

 

(2)

$19.50 for each additional thirty minutes or fractional part thereof.

 

SECTION 28. Section 5.120.050 of Chapter 5.120 of Title 5 of the San Mateo County Ordinance Code is amended to read as follows:

 

5.120.050 The partnership.

If a fee is paid under this chapter by a partnership which is subsequently changed by the addition or reduction of partners, credit for the payment of said fee may be given to a new partnership upon its application for such credit accompanied by payment of a transfer fee of $25.00 (Twenty-Five Dollars) to the Environmental Health Division of the San Mateo County Health System.

 

SECTION 29. Sections 5.128.050 and 5.128.060 of Chapter 5.128 of Title 5 of the San Mateo County Ordinance Code are amended to read as follows:

 

5.128.050 Enforcement.

The Director of the Health System shall be responsible for the enforcement of this chapter. The Health System shall have the authority to adopt reasonable rules and regulations for the implementation of this chapter, including rules and regulations for alternative signs and placement of required signs.

 
 

5.128.060 Penalties.

Notwithstanding section 1.08.010 of this Ordinance Code, any individual, firm, partnership, corporation, company, association, society, group or other person or legal entity that violates, disobeys, omits, neglects, or refuses to comply with the chapter shall be guilty of an infraction, and upon conviction thereof shall be punished by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation of this ordinance within one year; (3) a finding not exceeding five hundred dollars ($500) for each additional violation of this ordinance within one year. Violation of this chapter shall also be grounds for the revocation of a business license or Health System license or permit of the business facility where the offense occurred.

 

SECTION 30. Subsection (f) of Section 6.04.100 of Chapter 6.04 of Title 6 of the San Mateo County Ordinance Code is amended to read as follows:

 

6.04.100 Dangerous animal permit required.

(f)

Should the owner of the animal wish to contest the dangerous animal designation, the owner may request a hearing, to be conducted according to the procedures set forth in section 6.04.115 of this chapter. The owner shall submit a written request for a Dangerous Animal Hearing to the Animal Control Officer and/or Peace Officer within five (5) calendar days of written notification by the Animal Control Officer and/or Peace Officer that the animal has been declared dangerous. Should the owner not submit a request for a hearing within five (5) calendar days of notification, the hearing process shall be deemed waived by the owner, and the dangerous animal declaration will be considered final by the County Director of the Health System, or the city having jurisdiction. In that event, the County Director of the Health System or the City having jurisdiction may allow the dangerous animal permit to be issued without a hearing. Unless a dangerous animal permit is immediately obtained, the animal shall be impounded at the owner’s expense pending appropriate disposition as determined by the Animal Control Officer and/or Peace Officer.

 

SECTION 31. Subsection (c) of Section 6.04.105 of Chapter 6.04 of Title 6 of the San Mateo County Ordinance Code is amended to read as follows:

 

6.04.105 Declaration of vicious animals.

(c)

If the owner of the animal disputes the designation of an animal as a vicious animal by the Animal Control Officer and/or Peace Officer, he/she may submit a written request for a hearing to the Animal Control Officer and/or Peace Officer within five (5) calendar days of notification. Such hearing shall be conducted according to the procedures set forth in section 6.04.115 of this chapter. Failure of the owner to request a hearing shall result in the animal being declared vicious and humanely destroyed. The vicious animal declaration will be considered final by the County Director of the Health System, or the City having jurisdiction.

 

SECTION 32. Subsection (c) of Section 6.04.160 of Chapter 6.04 of Title 6 of the San Mateo County Ordinance Code is amended to read as follows:

 

6.04.160 Revocation or modification of permit.

(c)

If, after investigation, the Animal Control Officer or Peace Officer concludes that it is probable that one or more of the above grounds for revocation or modification of the permit has occurred, the officer shall cause written notice thereof to be transmitted to the owner. Said notice shall specify the grounds of revocation or modification of the permit. Should the owner of the animal wish to contest the revocation or modification of the permit, he/she may request a hearing to be held before a Hearing Officer not previously involved with the permit issuance or investigation, as designated by the Director of the Health System within five (5) calendar days of receiving the notice of intent to modify or revoke permit. Said hearing date shall be not less than five (5) working days or more than 15 working days subsequent to the date the request for hearing is received. The hearing shall be conducted as set forth in section 6.04.115 of this chapter. After the hearing, the officer conducting the hearing may modify the terms of the permit or revoke the permit depending upon the owner’s ability to comply with the requirements of this chapter and to control the animal so that the health, safety and property of the public are protected.

 

SECTION 33. Sections 6.04.260 and 6.04.280 of Chapter 6.04 of Title 6 are amended to read as follows:

 

6.04.260 Bite reporting requirements.

It is the duty of every person having knowledge that any animal has bitten a human being to report that fact immediately to the County Health System, Animal Control Program or to the local law enforcement agency having jurisdiction.

 

6.04.280 Service fees.

Animal Control Service fees for redemption of impounded animals, relinquishment, adoption, disposal, abatement, rescue, veterinary treatment or other services not specified in section 6.04.290 shall be reviewed by the Director of the Health System or his/her designee for reimbursement of costs. The Director of the Health System or his/her designee shall have the authority to determine the fee charged for said services. The fee charged shall be paid by the owner or person who has custody of animal(s) for which said services have been provided.

 

SECTION 34. Subsection (e) of Section 6.08.020, Sections 6.08.030 through 6.08.090 and Section 6.08.110 of Chapter 6.08 of Title 6 of the San Mateo County Ordinance Code are amended to read as follows:

 

6.08.020 Definitions.

(e)

“Director” shall mean the Director of the Health System or his/her authorized deputy or representative.

 

6.08.030 Permit required.

No person shall own or keep any exotic animal without first applying to and receiving from the Planning and Building Department a use permit to do so. Section 6315(u) San Mateo County Ordinance Code, Zoning Annex.

 

The application for a Health System permit shall contain the name of the applicant, his address, the address of the proposed location of the exotic animal, (if different from the applicant’s) and a brief description of the applicant’s plan for keeping the exotic animal which shall include the species of animal, the number of individuals of each species and a description of the housing facilities, for the exotic animal, and the reason for the keeping of such animal.

 

Health System Permit fees for keeping of exotic animals shall be established by resolution of the Board of Supervisors. The initial Health System fee shall be a filing fee for the issuance of each Health System permit. Each permit shall be valid for a period of one year from the date of issuance unless revoked or suspended. The fee may cover either one exotic animal or a collection, and the maximum number of specimens permitted to be kept shall be specified in the permit. Whenever a new exotic animal or collection is added so as to exceed the maximum number permitted, a new Health System permit must be secured and a new fee shall be due and payable at the time of issuance of the permit.

 

Whenever, in any given Health System permit year, there are new exotic animals in a collection due to the reproduction of members of the collection or due to trade, exchange, or replacement in the same number and of the same zoological order as the members of the collection traded, exchanged or replaced, the new exotic animals do not require an additional permit during that year, provided the Director is notified in writing of the new exotic animals within thirty days of acquisition.

 

6.08.040 Health System permit renewal.

Each succeeding year a renewal permit shall be obtained by a holder of a permit to keep exotic animals. The fee for the issuance of a renewal permit shall be the same as that fee currently chargeable for an initial permit, and it is due and payable each year on the anniversary of the date of the issuance of the initial permit. If during the preceding year or years, more than one initial permit has been issued an applicant, the former permits may be consolidated so that only one renewal permit is required; provided, however, that the renewal data for the consolidated permit shall be the date of the issuance of the earliest initial permit.

 

A renewal fee for an exotic animal Health System permit shall become delinquent ninety days after it becomes due and payable, and upon delinquency, an additional delinquent fee established by resolution of the Board of Supervisors shall be added to the regular fee. An unpaid delinquent fee shall be added to a succeeding year’s renewal fee.

 

6.08.050 Approval of application.

Upon receipt of an application for an initial permit, the Director shall make any investigation deemed proper. The Director shall approve an application if all of the findings specified below are made. Alternatively, the application may initially be forwarded to the Public Works and Planning and Building Departments of the County or any other appropriate agency if the Director, in his/her discretion, concludes that the assistance of such departments/agencies is necessary in order for the Director to approve the application. Designated employees of those departments shall ascertain whether or not the applicant’s plan is in conformity with the law administered by these departments. If the applicant’s plan is in conformity with the law administered by said departments, their approval shall be indicated on the face of the application. If the applicant’s plan is not in conformity with the law administered by said departments, the face of the application shall be marked “Not Approved” and the reason for non-approval noted thereon, along with any revisions or changes in the applicant’s plan which if made would result in approval by the department in question.

 

Upon approval by said departments of the application for an initial Health System permit or upon the receipt of an application for a renewal permit, the Director shall make any investigation deemed proper. The Director shall approve an application if he/she finds all of the following:

(a)

The keeping of the exotic animal at the location specified in the application will not violate any ordinance or other regulation of this County or any law of the State;

(b)

The keeping and maintenance of the exotic animal will not endanger the peace, health, or safety of persons in the immediate vicinity, or in the County as a whole;

(c)

The premises and housing where the exotic animal is to be kept are in clean and sanitary condition, and any exotic animal will not be subject to suffering, cruelty or abuse;

(d)

The applicant has not had a Health System permit, issued pursuant to this chapter, revoked within a year prior to the date of application;

(e)

The keeping and maintenance of the exotic animal does not constitute a public nuisance.

 

6.08.060 Revocation and suspension.

Any Health System permit issued pursuant to this chapter may be revoked, if, after investigation and a duly noticed hearing, the Director finds any of the following to be true:

(a)

The permittee, his agent or employee has been convicted of any offense involving the violation of sections 596 to 599 inclusive, of the Penal Code or is in violation of any zoning, health and safety or building ordinance relating to the keeping of exotic animals; or

(b)

The permittee has failed to keep and maintain the premises or housing for the exotic animals in a clean and sanitary condition; or

(c)

The permittee has at the place for which the permit is issued, failed to provide any exotic animal with proper food, water, shelter or attention; or

(d)

The permittee has violated any rules, regulations or conditions adopted by the Director as necessary to insure the exotic animal will not endanger the peace, health or safety of any person or property; or,

(e)

The permittee has changed the location of his residence or his place or business or sells, assigns, transfers, donates, leases, or otherwise disposes of the exotic animal for which the permit was issued.

 

If, after investigation, the Director concludes that it is probable that one or more of the above grounds for revocation has occurred, he/she shall cause written notice thereof to be transmitted by registered mail to the address of the permittee. Said notice shall specify the grounds of possible revocation of the Health System permit and shall specify a date and time for an informal hearing to be held before the Director thereon. Said date shall be not less than five days subsequent to the date of deposit of the notice in the mail.

 

After the informal hearing, the Director may modify the terms thereof or revoke the Health System permit depending upon the permittee’s ability and/or willingness to comply with the requirements of this chapter.

 

In the event that it is reasonably necessary to protect against an immediate threat or danger to the public and/or animals’ health or safety, the Director may suspend any Health System permit summarily, without a hearing, for a period not to exceed thirty days.

 

6.08.070 Inspection.

Health System permits issued pursuant to the provisions of this chapter shall be surrendered for inspection by the permittee upon the request of the Director.

 

The Health System permit shall provide that as a condition for issuance, the premises on which an exotic animal is maintained shall be opened at any reasonable hour for inspection by the Director or his/her Designee.

 

6.08.080 Impoundment.

The Director or his/her Designee shall have the authority to enter the premises at any reasonable hour in a lawful manner, and to take up, impound, and safely keep an exotic animal upon denial, revocation, or suspension of a Health System permit or when any owner refuses to apply for a permit.

 

6.08.090 Rules and regulations.

The Director may formulate rules and regulations in conformity with, and for the purpose of carrying out the intent of this chapter. Compliance with such rules and regulations shall be a prerequisite to the issuance and continued validity of Health System any permit provided for in this chapter.

 

6.08.110 Appeals.

Any person aggrieved by any decision or action resulting from the application of this ordinance may appeal to the Board of Supervisors within 5 days from the date of Health System permit denial. The filing of an appeal shall stay the decision or action appealed from; provided, that the filing of an appeal shall not stay any order of suspension or revocation.

 

SECTION 35. Subsections (a) and (b) of Section 6.16.080 of Chapter 6.16 of Title 6 of the San Mateo County Ordinance Code are amended to read as follows:

 

6.16.080 Appeal of revocation of permit.

(a)

Prior to revocation of a permit, the Animal Control Program Manager shall provide written notice to the permittee of its intention to revoke the permit. Such notice shall contain a statement of the grounds supporting permit revocation and shall advise the permittee that the permit will be revoked unless a hearing before the Director of the Health System or his/her designee is requested in writing to the Animal Control Program Manager within ten days of the mailing of the notice. Any request for a hearing must specify the reasons the license should not be revoked and why the grounds cited in the notice do not exist.

(b)

Upon receipt of a request for hearing, the Animal Control Program Manager shall schedule a hearing before the Director of the Health System or his/her designee and shall provide the permittee with reasonable written notice of the date, time and place of the hearing.

 

SECTION 36. This Ordinance shall be effective thirty (30) days from the passage date thereof.

 

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