* For provisions relating to the comprehensive health planning commission, see Chapter 2.36 of this code.

It is the purpose of this chapter to authorize the prescription of such fees as will pay the reasonable expenses of the department of environmental health incurred for:
A. Enforcement of health regulations and standards pertaining to the establishments, businesses or activities for which a permit is required; and
B. Operating environmental health services defined in this chapter for which a permit is not required. (Ord. 491(part), 1985).

The board of supervisors determines pursuant to Section 510 of the Health and Safety Code of the state that the expenses of the department of environmental health of this county in the enforcement of statutes, orders, quarantines, rules, or regulations prescribed by state officers or departments relating to the public health which either require or authorize the health officer of this county to perform specific acts, are not met by fees prescribed by the state. (Ord. 491(part), 1985).

The provisions of this chapter shall apply within any city in the county when the governing body thereof consents to county health administration for that city pursuant to Section 476 of the Health and Safety Code of the state; and the schedule of fees authorized by this chapter shall be applicable in the area in which the director enforces any statute, order, quarantine, rule, or regulation prescribed by a state health officer or department relating to public health. (Ord. 491(part), 1985).

Unless the provisions or the context indicates otherwise, the terms and words defined in this chapter shall have meanings as defined in the California Health and Safety Code, the California Administrative Code, or as follows:
A. “Director” means the director of the department of environmental health of Madera County or his designated representative.
B. “Change of conditions” includes, but is not limited to new construction, installation of new equipment or fixtures, the provision of additional services which were not contemplated in the original permit, and any proposed activities which are governed by statute, order, quarantine, rule, or regulation prescribed by a state officer or department or by this chapter which is not expressly covered in the original permit.
C. “Individual water well and/or sewage system certification” means the inspection of individual water wells, including analysis of the water, and/or sewage systems for certification to a lender of quality and acceptability.
D. “New construction/remodeling plans” means plans and drawings of proposed construction, alteration, modification, or remodeling of proposed or existing facilities for compliance with state and local regulations.
E. “Permit” means a nontransferable document issued by the Madera County environmental health department certifying that the named establishment means minimum requirements. (Ord. 491(part), 1985).

A. No person shall maintain any of the following establishments, businesses, or activities without a valid permit displayed in a conspicuous place at such business or activity.
1. Food establishments:
a. Bar,
b. Restaurant/bar combination,
c. Restaurant,
d. Grocery store (market),
e. Miscellaneous food store (convenience market, etc.),
f. Bakery,
g. Delicatessen,
h. Liquor store,
i. Caterer,
j. Food wholesaler (excluding facilities under state/federal inspection jurisdiction),
k. Food processor (excluding facilities under state/federal inspection jurisdiction),
l. Confectionery,
m. Ice;
2. Food facility:
a. Mobile food preparation unit,
b. Vehicle,
c. Produce stand,
d. Temporary food facility,
e. Vending machine;
3. Hazardous material site;
4. Underground storage tank;
5. Hotel/motel;
6. Public pool/spa;
7. Camp/resort;
8. Septic tank cleaner;
9. Solid waste collection vehicle;
10. Water system:
a. Small community,
b. Noncommunity,
c. State small,
d. Local small;
11. On-site sewage system.
B. Public health services not requiring a permit but for which nonrefundable fees may be charged include:
1. Sewage system building permit;
2. Water well construction permit;
3. Certification of water supplies and/or sewage systems;
4. Plan review:
a. Food establishments/facilities,
b. Swimming pool/spa,
c. Public Water Supply;
5. Specimen collection;
6. Laboratory analysis;
7. Subdivision map review;
8. Parcel map review;
9. Variance/use permit/zoning review;
10. Environmental impact report review;
11. Sewage system installation/repair inspection;
12. Site review (real estate).
(Ord. 491(part), 1985).

No permit shall be issued for any food establishment as defined in this chapter which is connected to a community sewer until the applicant demonstrates written approval from the county engineer of the grease traps required by Chapter 13.66 of this code. (Ord. 279-C § 1, 1994).

No person shall make a material change of condition in any establishment, business, or activity listed in Section 7.01.050 without making application for a new permit or approval of plans. (Ord. 491(part), 1985).

Any person required to apply for and obtain a permit or service under the provisions of this chapter shall prepare and submit to the director an application on forms provided for the purpose by the county. Each application shall be accompanied by the nonrefundable fee prescribed by resolution of the board of supervisors. No permit shall be granted unless the applicant pays such fees or is deemed exempt from payment. (Ord. 491(part), 1985).

The director shall cause an investigation to be made of the facts stated in the application, and of the establishment, business, or activity for which the application is made. If the director finds that the applicant is in compliance with the standards specified by this chapter, he shall order the issuance of the permit. If he finds that compliance with such standards can be obtained by the applicant, he may issue a permit subject to reasonable conditions. If he finds that the applicant cannot comply with the standards specified, he shall deny the permit. (Ord. 491(part), 1985).

A. The term of a permit is one year from January 1st to December 31st of each year. Every permit issued pursuant to the provisions of this chapter shall terminate on December 31st following the date of issuance.
B. Permits may be granted at any time during the calendar year and shall remain in force until December 31st of the same year unless sooner suspended or revoked for cause. (Ord. 491(part), 1985).

A. A permit issued under the provisions of this chapter shall not be transferred or assigned by the permittee to any other person.
B. All permits issued under the provisions of this chapter shall refer to and be limited to the establishment, business, or activity applied for. If such establishment, business, or activity is conducted upon a particular site, location, address, or from a particular vehicle, such permit shall not be transferable to any other site, location, address, or vehicle. (Ord. 491 (part), 1985).

A. Any permit issued pursuant to this chapter may be revoked by the director upon a finding that:
1. The permittee has violated a condition of the permit; or
2. Due to a change of circumstances and conditions, the continuance of the establishment, business, or activity is hazardous to the public health, welfare, or safety; or
3. The applicant for the permit made a material misrepresentation of fact; or
4. The establishment, business, or activity is maintained in violation of the standards described by this chapter.
B. Revocation of a permit takes effect at the time specified in the written notice sent to the permittee. Service of such written revocation and the grounds or reasons therefor shall be made in person or by certified mail to the address provided on the application or permit. (Ord. 491 (part), 1985).

A. All decisions, determinations, and actions of the director as to application for, or revocation of, a permit shall be final unless appealed to the board of supervisors. An appeal regarding a permit application shall be made within ten working days after the director’s decision is rendered in writing. An appeal regarding revocation of a permit shall be made before the revocation takes effect, or, if the revocation allows less than twenty-four hours, the appeal shall be filed the first working day following such revocation.
B. An appeal shall stay the revocation taking effect pending an appeal hearing except in cases deemed by the director to present a danger to the public health if allowed to continue.
C. An appeal shall be made in writing and shall specify and set forth the grounds for the appeal and shall be filed by the appellant with the clerk of the board of supervisors. The board shall set the matter for hearing no later than thirty days after such filing and shall notify the appellant and the director of such date of hearing. (Ord. 491 (part), 1985).

General Standards. Applications for the issuance of a permit and revocation of permit shall be determined in accordance with the standards prescribed by statute, order, quarantine, rule or regulation prescribed by a state officer or department relating to public health or by this chapter. (Ord. 491 (part), 1985).

A. The fees for the environmental health services described in this chapter shall be adopted by resolution of the board of supervisors.
B. Fees shall not exceed the cost, direct and indirect, of performing the public health services.
C. The adopting resolution shall provide for charges for permits, late fees, and penalties. (Ord. 491 (part), 1985).

Any person violating any of the provisions of or failing to comply with any of the mandatory requirements of this chapter shall be punished as prescribed by Chapter 1.12 of this code. (Ord. 491 (part), 1985).

A. Violation of this chapter is a misdemeanor, punishable by a fine not exceeding one thousand dollars or by imprisonment not to exceed six months or by both fine and imprisonment. Each separate day or any portion thereof during which any violation occurs or continues constitutes a separate offense.
B. The operation of any business or activity listed in this chapter in violation of the provisions and standards of this chapter shall constitute a nuisance. The remedy to abate such nuisance shall be as prescribed in the Madera County Code and shall be in addition to any other remedy provided by this chapter or by law. (Ord. 491 (part), 1985).