A. The owner and operator of a food facility shall be in violation of this chapter if such owner or operator or permittee:
1. Discharges wastewater in any manner in violation of this chapter or of any order issued by the City Manager, as authorized by this chapter;
2. Fails to obtain a discharge permit, as required and within the period of time specified by this chapter;
3. Fails to install an approved grease control device as required by this chapter;
4. Makes any false statement, representation, record, report, plan or other document that is filed with the county;
5. Tampers with or knowingly renders inoperable any grease control device required under this chapter;
6. Fails to clean, maintain or remove grease from a grease control device within the required time for such cleaning, maintenance or grease removal;
7. Fails to keep up-to-date and accurate records of all cleaning, maintenance, and grease removal for the food facility’s grease control device and upon request fails to make those records available to any city code enforcement representative, or their designees, or to any representative of a public agency or a local sanitation agency that has jurisdiction over the sewer system that services the FSE for the purpose of inspecting, monitoring, or reviewing the grease control device manifests, receipts and invoices of all cleaning, maintenance, grease removal of/from the grease control device, and/or to inspect the grease control device;
8. Refuses a county health care or city code enforcement representative, or his or her designee, or the City Manager or a representative of a local sanitary sewer agency that has jurisdiction over the sanitary sewer system that services the food facility, or any authorized inspector, reasonable access to the food facility for the purposes of inspecting, monitoring, or reviewing the grease control device manifests, receipts and invoices of all cleaning, maintenance, grease removal of/from the grease control device, and/or to inspect the grease control device;
9. Disposes of, or knowingly allows or directs FOG to be disposed of, in an unlawful manner;
10. Fails to remove all food grinders located in the food facility at the time he or she renews their business license;
11. Introduces additives into a wastewater system for the purposes of emulsifying fats, oils and grease without the written, specific authorization from the sanitary sewer agency that has jurisdiction of the sanitary sewer system that services the food facility;
12. Fails to pay the grease disposal mitigation fee or other fees, as specified in this chapter when due;
13. Fails to perform any required monitoring, or to submit monitoring reports required by the City Manager;
14. Fails to comply with the provisions of the FOG Control Manual; or
15. Otherwise fails to comply with the provisions of this chapter or any permit issued by the city under this chapter.
B. Violations under this section shall be subject to the procedures, penalties and remedies set out in Chapter 1.04, as amended from time to time.
C. All costs for the investigations, enforcement actions and ultimate corrections of violations under this section incurred by the city (including but not limited to attorney’s fees), shall be reimbursed by the owner/operator of the food facility.
(Ord. 1137, passed 4-20-10)