Ordinance - 2479ORDINANCE NO.2479
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, REPEALING AND
REPLACING ARTICLE II (HEALTH CODE) OF CHAPTER
13 (HEALTH AND SANITATION) OF THE WEST COVINA
MUNICIPAL CODE TO ADOPT BY REFERENCE
DIVISION 1 (PUBLIC HEALTH) OF TITLE 11 (HEALTH
AND SAFETY), INCLUDING THE RULES AND
REGULATIONS APPENDED THERETO, AND DIVISION 1
(PUBLIC HEALTH LICENSES) OF TITLE 8 (CONSUMER
PROTECTION, BUSINESS AND WAGE REGULATIONS)
OF THE LOS ANGELES COUNTY CODE
WHEREAS, the Los Angeles County Department of Public Health has historically
provided public health services to the City of West Covina; and
WHEREAS, in connection with the County's provision ofpublic health services, the City
of West Covina previously adopted by reference the Public Health Code of the County of Los
Angeles as Article II (Health Code) of Chapter 13 (Health and Sanitation) of the West Covina
Municipal Code; and
WHEREAS, most provisions of Article II of Chapter 13 have not been updated in several
decades; and
WHEREAS, the West Covina City Council desires to establish a local health department
to establish local control over public health issues and better serve the community; and
WHEREAS, to maintain consistency regarding the regulations applicable to public health
within West Covina, the City Council desires to continue to utilize the County's Health Code as
the City's Health Code, with certain amendments; and
WHEREAS, the City Council desires to repeal and replace the existing provisions of
Article II of Chapter 13 of the West Covina Municipal Code and adopt by reference Division 1
(Public Health) of Title 1 I (Health and Safety) of the Los Angeles County Code, including the
Rules and Regulations appended thereto in accordance with Section 11.02.160 of said Code, in
order to ensure the City's public health regulations are up to date; and
WHEREAS, the City Council further desires to adopt by reference Division I (Public
Health Licenses) of Title 8 (Consumer Protection, Business and Wage Regulations) to establish a
public health license and public health permit system that is consistent with the County's system;
and
WHEREAS, the City desires that the West Covina Municipal Code language be revised
effective July 1, 2021; and
WHEREAS, this Ordinance is being adopted in accordance with the provisions of
Government Code section 50022.1 et seq.; and
WHEREAS, the City Council conducted a public hearing regarding the adoption of this
Ordinance on April 6, 2021; and
WHEREAS, all legal prerequisites prior to the adoption ofthis Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Repeal and Replacement of Article II of Chapter 13. Article II (Health
Code) of Chapter 13 (Health and Sanitation) of the West Covina Municipal Code is hereby
repealed and replaced as follows:
ARTICLE IL —HEALTH CODE
Sec. 13-20. — Title.
This article shall be known as the West Covina Health Code.
Sec. 13-21. — Purpose
It is the intent ofthis article to provide regulations and standards for certain operations, enterprises
or activities which, if not regulated, may adversely affect the public health. It is further the intent
to provide regulations and standards that equal or exceed all applicable state laws. It is declared
that if this article's provisions do not encompass all of the statutes or state regulations, that such
statutes and regulations are included and required for conformance as a part ofthis article. These
regulations and standards are established to provide a healthful community living and working
environment; to reduce conditions favorable to the harboring and breeding of insects, rodents and
other vermin; to prevent the spread ofdisease and related human discomfort; to reduce the hazards
of fire; and to prevent unsightliness which may result in the depreciation of property values and
interfere with the comfortable enjoyment of life.
Sec. 13-22.—Adoption ofcounty health code and licensing provisions
Subject to the amendments, deletions, and additions set forth in this article, the provisions of
Division 1 (Health Code) of Title I (Health and Safety) of the Los Angeles County Code,
including the rules and regulations appended thereto in accordance with Section 11.02.160 of said
Code, and the provisions of Division 1 (Public Health Licenses) of Title 8 (Consumer Protection,
Business and Wage Regulations) of the Los Angeles County Code, are adopted by reference as the
West Covina Health Code.
A certified copy of Division I of Title 11 of the Los Angeles County Code as adopted by the city,
including the rules and regulations appended thereto, and of Division 1 of Title 8 of the Los
Angeles County Code as adopted by the city, shall be kept on file and available for public
inspection during normal business hours in the office ofthe city clerk.
Sec. 13-23. —Interpretation.
The following rules shall govern the interpretation of the provisions of this article and of the
provisions adopted by reference herein, including the related rules and regulations:
(a) As used herein, "County Health Code" refers to Division I of Title 11 and Division 1 of
Title 8 of the Los Angeles County Code, as adopted and amended in this article.
(b) Unless the context otherwise requires, whenever the word "county" appears in the County
Health Code, it shall be interpreted and deemed to mean "city."
(c) Unless the context otherwise requires, whenever the word "Los Angeles" appears in the
County Health Code, it shall be interpreted and deemed to mean "West Covina."
(d) Unless the context otherwise requires, whenever the phrases "county health officer" or
"director" appear in the County Health Code, they shall be interpreted and deemed to mean
the director of the city's health department.
(e) The provisions ofthe County Health Code and of the West Covina Municipal Code shall
be construed so as to supplement one another. If any apparently conflicting or inconsistent
provisions may not reasonably be so construed, the provisions of the West Covina
Municipal Code shall prevail.
(I) The definition or regulation of any activity, condition, or structure in the County Health
Code shall not be interpreted or deemed to allow the conduct of any such activity, or the
construction or maintenance of any such condition or structure, as may be otherwise
prohibited or restricted by any other laws ofthe city heretofore or hereafter adopted.
Sec.13-24.—Numbering of code.
To provide consistency between this article and the provisions of the Los Angeles County Code
adopted herein, the actual section ofthe Los Angeles County Code shall be retained in this article
and shall be preceded by the prefix 13-20-1. For example, a violation ofthe posting requirements
for letter grades, Section 8.04.752 of the Los Angeles County Code, shall be cited as a violatio n
ofthis Code, Section 13-20-1-8.04.752.
Sec. 13-25. — Amendments to County Health Code.
The County Health Code, as adopted by Section 13-22 ofthis article, is amended as follows:
(a) Section 8.04.720 ofthe County Health Code is amended to reflect the city's fee schedule,
as adopted by resolution ofthe city council and as amended from time to time.
(b) Section 8.04.728 is amended to reflect the city's service charges, as adopted by resolution
of the city council and as amended from time to time.
Sec. 13-26.—Penalties for violation.
(a) Criminal penalties.
1. General. Violation of any of the provisions of this article or the County Health Code
adopted by reference herein is a misdemeanor punishable by a fine of not more than
$1,000.00, or by imprisonment in the county jail for not more than six months, or by
both such fine and imprisonment.
2. Operating without a public health license or permit. Violation of Section 8.04.932 of
the County Health Code is a misdemeanor punishable by fine of not more than
$1,000.00, or by imprisonment in the county jail for aperiod not exceeding six months,
or by both such fine and imprisonment.
3. Violation of health officer orders. Violation of any rule, regulation, order or directive
prescribed by the health officer, after notice, is a misdemeanor punishable by a fine of
not more than $1,000.00, or by imprisonment in the county jail for not more than six
months, or by both such fine and imprisonment.
4. Continuing violations. Each day during any portion of which any violation of any
provision of this article or the County Health Code is committed, continued or
permitted shall constitute a separate offense.
(b) Administrative penalties.
1. General. Violation of any of the provisions of this article or the County Health Code
adopted by reference herein may be punished as a criminal offense or by the issuance
of an administrative citation in accordance with article X of chapter 15 of this Code.
The administrative fines shall be in the amounts set forth in article X of chapter 15 of
this Code, or such greater fine amounts as authorized by California law. In the event of
an inconsistency between the authorized amount of such fines pursuant to article X of
chapter 15 and of those authorized by California law, the greater fine amount may be
unposed.
2. Operating without a public heath license or permit. Violation of Section 8.04.932 of
the County Health Code may be punished as a criminal offense or by the issuance of
an administrative citation in accordance with article X of chapter 15 of this Code.
3. Violation of health officer orders. Violation of any rule, regulation, order or directive
prescribed by the health officer, after notice, may be punished as a criminal offense or
by the issuance of an administrative citation in accordance with article X of chapter 15
of this Code.
Sec. 13 -27. — Penalties for late fee payments.
If any fee required by this article or by the County Health Code adopted by reference herein is not
paid prior to the delinquency date, in addition to such fee, the licensee or permittee shall pay a
penalty equal to 25 percent (25%) ofthe fee or fifty dollars ($50.00), whichever is greater, plus an
additional amount equal to one and one-half percent (1.5%) ofthe license or permit fee owed for
each month the fee plus penalties remain delinquent, commencing the first day ofthe first calendar
month that begins at least sixty (60) days after the delinquency date.
(a) Ifthe fee and penalty as described in subsection (a) is not paid within ninety (90) days after
the delinquency date, a certificate of hen may be recorded against the licensee or permittee
as authorized by Section 101345 ofthe California Heath and Safety Code.
(b) Upon recordation of a certificate of lien described herein, an additional penalty fee of
fifteen dollars ($15.00) shall be paid by the licensee or permittee.
SECTION 2. Environmental Compliance. The City Council hereby finds that it can be
seen with certainty that there is no possibility the adoption and implementation ofthis Ordinance
may have a significant effect on the environment because it generally maintains the status quo,
and is merely a mechanism to change which entity enforces applicable law. The Ordinance is
therefore exempt from the environmental review requirements ofthe California Environmental
Quality Act pursuant to Section 15061(b)(3) of Title 14 ofthe California Code of Regulations.
SECTION 3. Severability. Ifany section, subsection, sentence, clause, phrase orportion
of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity ofthe remaining portions
ofthis Ordinance. The City Council ofthe City of West Covina hereby declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or
portions be declared invalid or unconstitutional.
SECTION 4. Effective Date. This Ordinance shall take effect thirty (30) days after its
final passage. Section 1 ofthis Ordinance, which repeals and replaces Article II of Chapter 13 of
the West Covina Municipal Code, shall amend the West Covina Municipal Code on July 1, 2021.
SECTION 5. Certification. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same to be published or posted in the manner required by law.
PASSED, APPROVED AND ADOPTED on the 6th day of April, 2021.
APPROVED TO FORM
Thomas P. D e
City Attorney
ATTEST
W ",
Lis Sherrick
A istant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK ofthe City of West Covina, California,
do hereby certify that the foregoing Ordinance No. 2479 was introduced at a regular meeting of
the City Council held on the l6th day of March, 2021, and adopted at a regular meeting ofthe City
Council held on the 6th day of April, 2021, by the following vote ofthe City Council:
AYES: Castellanos, Diaz, Lopez-Viado, Wu
NOES: Tabatabai
ABSENT: None
ABSTAIN: None
46w,d)
L' herrick
A tant City Clerk