(A) Purpose. The purpose of this section is to establish revised fees and charges sufficient to offset the expenses of the Environmental Health Division of the Health and Human Services Agency in enforcing state statutes, orders, quarantines, rules and regulations relating to public or environmental health. This ordinance repeals Ord. 814 previously codified in § 5.01.091 “Environmental Health Division”, previously enacted. It also allows for a provision of an annual adjustment to fees based on the consumer price index.
(B) Authority. The authority for this section is contained in Cal. Health and Safety Code §§ 101025 and 101325.
(C) Findings. The Board of Supervisors of the County of San Benito makes the following findings:
(1) The Board of Supervisors finds that pursuant to Cal. Health and Safety Code § 101325 that the expenses of the Environmental Health Division of this county in the enforcement of statutes, orders, quarantines, rules and regulations relating to public or environmental health which either require or authorize the health officer of this county perform specific acts, are not met by fees prescribed by the state.
(2) Existing state law authorizes the county to levy fees for services related to the protection of the environment, and enacts specific surcharges on certain services which are to be collected by the county and remitted to the state.
(3) The fees for service were reviewed by staff as necessary to carry out the mandated activities and the function of the Environmental Health Division by the State of California.
(4) The fees specified on the schedule are based on the methodology presented in the 2006 User Fee Report received by Muni-Financial for the County of San Benito.
(5) The fees are based on existing budgets, salaries and benefits, indirect costs for services and supplies, and costs associated with providing direct supervision and are attached and referenced herein to Ord. 915 as Schedule A - Environmental Health Fees.
(6) The fees represent a reasonable fee and they do not exceed the maximum allowable fee to be levied.
(D) Definition of services. The fee schedule shall be applicable to the permitting processes, inspections, plan checks and associated activities as mandated by the Health and Safety Code of the State of California, the San Benito County Code and other applicable regulatory agencies which legally mandate the performance by the County of San Benito Environmental Health Division and are listed on the schedule.
(E) Fees. The fee schedule shall be known as the “Environmental Health Fees” and is attached to Ord. 915 as Schedule A and shall be incorporated by reference.
(F) Failure to pay fee. The failure to pay the fee imposed by this section within 30 days after such fee is due shall result by operation of law in the revocation process of any permit for which fees are required by the section.
(G) Fee proration. Fees shall be prorated for food facilities, which include restaurant, vending and retail market according to the following schedule:
January, February, March, April, May, June | the full fee |
July, August, Sept., Oct., Nov., Dec. | one half of the fee |
(H) Exemption from permit fee. The director of the Environmental Health Division of the Health and Human Services Agency shall issue a permit without requiring a fee to qualified veterans pursuant to Cal. Business and Professions Code § 16102.
(I) Annual CPI adjustment. All fees referenced in Schedule A may be subject to an annual fee adjustment in proportion to the percentage change of the Consumer Price Index. The Board of Supervisors may by resolution approve an annual increase, starting July 1st of each year by the percent change of the year ending December of the Consumer Price Index, All Urban Consumers (CPI-U), for the San Francisco-Oakland-San Jose area, but the increase shall not exceed 3% in any given year.
(Ord. 915, §§ 1—9, 2013)