§ 5.04.050. Health inspection, fees and permit required.

A.

Notwithstanding any other provisions of this Title 5 or Chapter 3.80 of this Code, the health inspection fees and permit set forth in this Section shall be applicable at all times as to classifications of businesses, occupations, institutions, or acts set forth in division 104, part 7 of the California Health and Safety Code, commencing with section 113700 and as established by resolution of the City Council for the Division of Environmental Health for health services.

B.

No City business license shall be originally issued, nor shall any City business license be transferred from one (1) site to another, for any business, occupation, institution or act enumerated in Subsection 5.04.050.A, unless the place where or plans for said business, occupation, institution or act is to be conducted is first inspected by the Health Officer or duly authorized representative, and unless the application for such original City business license, or such transfer is first approved by the Health Officer, fee paid and a permit to operate issued therefor.

C.

The permit and the health inspection fees required to be paid by this Section with respect to a classification listed for which a business license fee is also required by this Code may be prorated in the same manner as the fee for such business license. In all cases where a business license fee is not required to be paid for the carrying on of a classification listed in this Section, the permit and health inspection fee may be prorated in the same manner as that specified for license issued on a fiscal year basis as provided in this Code.

D.

All fees provided for in this Section shall be due and payable in advance, and any person who fails to pay any such fee provided in this Section within thirty (30) days after the same has become due must pay, in addition thereto, a sum equal to twenty-five percent (25%) of the amount of the original fee.

E.

The fees referred to in this Section shall be established by a resolution of the City Council which may be consolidated with that provided for in Section 5.04.040.

F.

After building plans have been checked and are subsequently so revised as to necessitate rechecking, the Health Officer shall require the applicant to pay a rechecking fee of fifty percent (50%) of the plan check fee set forth in this Section.

G.

Every person engaging in, conducting, managing or carrying on at the same time more than one (1) of the businesses, occupations, institutions or acts mentioned in Subsection 5.04.050.A, whether located at the same place or not, shall be required to pay the fee and obtain a permit to operate for each such business, occupation, institution or act unless exempted by the Health Officer or by resolution of the City Council.

H.

The permit to operate shall not be issued to a fictitious name. All permits must be issued in the true name of the individual, in the true names of the persons in a partnership or the exact name which appears in the articles of incorporation.

I.

The permit to operate required by this Section shall not be issued for a period greater than one (1) year. A permit to operate shall not be issued for less than one-fourth (¼) of a year.

Fees required by this Section for ten dollars ($10.00) or less shall not be prorated. The fee for a public swimming pool which operates five (5) months or more of a year shall not be prorated.

When prorating for more than one-quarter (¼), the quarters shall run concurrently.

J.

Every permit to operate required by this Section shall be conspicuously displayed in the place of business, occupation, institution or act as approved by the Health Officer.

K.

A fee or penalty fee shall not be refunded if the business, occupation, institution or act, required by this Section to pay such fees, operates for twenty-four (24) hours or more.

No fee shall be refunded for the following businesses, occupations, institutions, or acts:

1.

Add a partner to permit;

2.

Backflow prevention device;

3.

Copy of official records;

4.

Hazardous waste spill/cleanup;

5.

Noise business license inspection;

6.

Noise environmental impact report;

7.

Noise permit;

8.

Noise variance;

9.

Plan check;

10.

Site transfer of permit;

11.

Solid waste facilities applications;

12.

Well permit;

13.

Others approved by the City Council or Health Officer.

However, any overcharges or over remittances of one dollar and one cent ($1.01) or more shall be refunded provided that any refund of one thousand dollars ($1,000.00) or more shall require the prior approval of the City Council.

(Ord. C-7799 § 1, 2002; Ord. C-7423 § 13, 1996: Ord. C-6260 § 1 (part), 1986)