ORDINANCE NO. 00-1200 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING CHAPTER 8.04 OF TITLE 8 OF THE HERMOSA BEACH MUNICIPAL CODE, ADDING A NEW CHAPTER 8.04 THERETO, AND ADOPTING BY REFERENCE DIVISION 1 OF TITLE 8 (PUBLIC HEALTH LICENSING) AND DIVISION 1 OF TITLE 11 (HEALTH CODE) OF THE LOS ANGELES COUNTY CODE, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, AND PENALTIES."

 

Submitted for adoption and waiver of full reading is Ordinance No. 00-1200 , relating to the above subject.

 

At the meeting of April 25, 2000, the ordinance was presented to Council for consideration and was introduced by the following vote:

 

AYES: Dunbabin, Oakes, Mayor Reviczky

NOES: Edgerton

ABSENT: Bowler

ABSTAIN: None

 

ORDINANCE NO. 00-1200

 

AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING CHAPTER 8.04 OF TITLE 8 OF THE HERMOSA BEACH MUNICIPAL CODE, ADDING A NEW CHAPTER 8.04 THERETO, AND ADOPTING BY REFERENCE, DIVISION 1 OF TITLE 8 (PUBLIC HEALTH LICENSING) AND DIVISION 1 OF TITLE 11 (HEALTH CODE) OF THE LOS ANGELES COUNTY CODE, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, AND PENALTIES

 

THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS:

 

SECTION 1 . Chapter 8.04 of Title 8 of the Hermosa Beach Municipal Code is hereby repealed provided, however, that such repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance.

SECTION 2 . A new Chapter 8.04 is hereby added to Title 8 of the Hermosa Beach Municipal Code to read as follows:

"Chapter 8.04

"HEALTH CODE ADOPTED

" Sections:

8.04.010 Public Health Licensing Regulations and Health Code adopted.

8.04.020 Copies filed.

8.04.030 Division 1, Title 8 - amendments.

8.04.040 Division 1, Title 11 - amendments.

8.04.050 Civil remedies.

8.04.060 Penalties.

 

" 8.04.010 Public Health Licensing Regulations and Health Code adopted . Division 1 of Title 8 (Public Health Licensing) and Division 1 of Title 11 (the Health Code) of the Los Angeles County Code, as the same have been amended and are in effect on March 1, 1998, are hereby adopted by reference, subject to the amendments set forth herein, and shall henceforth collectively be known as the Health Code of the City of Hermosa Beach.

" 8.04.020 Copies filed . A certified copy of Division 1 of Title 8 and Division 1 of Title 11, as adopted in Section 8.04.010, have been deposited with the City Clerk, and shall be at all times maintained by the Clerk for use and examination by the public.

" 8.04.030 Division 1, Title 8 - amendments.

" A. Section 8.04.165 amended. Notwithstanding the provisions of Section 8.04.010 of this Chapter, Section 8.04.165 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code is hereby amended to read as follows:

` Section 8.04.165 Food Official Inspection Report. "Food Official Inspection Report" means the written notice prepared and issued by the county health officer after conducting a routine inspection, and/or re - inspection in the event a timely request for re - inspection has been filed, of a food facility to determine compliance with all applicable federal, state, and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.'

" B. Subsections A and B of Section 8.04.225 amended. Notwithstanding the provisions of Section 8.04.010 of this Chapter, subsections A and B of Section 8.04.225 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code are hereby amended to read as follows:

`A. "Grading" means the letter grade issued by the county health officer at the conclusion of the routine inspection, and/or re - inspection in the event a timely request for re - inspection has been filed, of a food establishment. The grade shall be based upon the scoring method set forth in this section resulting from the Food Official Inspection Report and shall reflect the food establishment's degree of compliance with all applicable federal, state, and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.'

B. "Letter Grade Card" means a card that may be posted by the county health officer at a food establishment upon completion of a routine inspection, and/or re - inspection in the event a timely request for re - inspection has been filed, that indicates the letter grade of the establishment as determined by the county health officer using the scoring method set forth in this section. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with a food processing establishment.

Upon completion of a routine inspection of a food establishment, the county health officer shall advise the owner or operator thereof, in writing, of the actual grading and basis therefor e as determined by the health officer. The Letter Grade Card and/or Inspection Card shall be immediately posted by the health officer and shall remain posted unless and until re - inspection is timely requested as provided herein. If re - inspection is timely requested, posting shall be immediately suspended pending regrading following the re - inspection.

Nothing in this Chapter shall prohibit the county health officer from creating and using a Letter Grade Card in combination with an Inspection Score Card. The county health officer, in his discretion, shall determine whether to post the Letter Grade Card, the Inspection Score Card, or both.'

" C. Section 8.04.275 amended. Notwithstanding the provisions of Section 8.04.010 of this Chapter, Section 8.04.275 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code is hereby amended to read as follows:

` Section 8.04.275 Inspection Score Card.

A. "Inspection Score Card" means a card that may be posted by the county health officer at a food establishment, upon completion of a routine inspection, and/or re - inspection in the event a timely request for re - inspection has been filed, that indicates the total numerical percentage score for the establishment as determined by the county health officer and as set forth in the Food Official Inspection Report. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with a food processing establishment.

Upon completion of a routine inspection of a food establishment, the county health officer shall advise the owner or operator thereof in writing of the actual grading and basis therefor e as determined by the health officer. The Inspection Score Card and/or Letter Grade Card shall be immediately posted by the health officer and shall remain posted unless and until re-inspection is timely requested as provided herein. If re-inspection is timely requested, posting shall be immediately suspended pending regrading following the re-inspection.

Nothing in this Chapter shall prohibit the county health officer from creating and using an Inspection Score Card in combination with a Letter Grade Card. The county health officer, in his discretion, shall determine whether to post the Inspection Score Card, the Letter Grade Card, or both.

B. The county health officer, in his discretion, may immediately close any food establishment which, upon completion of the routine inspection or reinspection where applicable, achieves a total numerical percentage score less than seventy percent (70%) as set forth in Section 8.04.225. Nothing in this provision shall prohibit the county health officer from immediately closing any food establishment if, in his discretion, immediate closure is necessary to protect the public health.'

" D. Section 8.04.402 added. A new section 8.04.402 is hereby added to Chapter 8.04 of Division 1 of Title 8 to read as follows:

` 8.04.402 Request for Reinspection . "Request for Reinspection" means a written request, filed with the office of the county health officer or a county health department inspector present on an inspected premises, within three (3) business days of a routine inspection of a food establishment conducted for purposes of preparing a Food Official Inspection Report, Grade Letter Card, and/or Inspection Score Card, therein requesting reinspection of such establishment, which request may not be made more than once in any twelve month period. A written acknowledgment of receipt of the reinspection request shall be provided. The request shall be accompanied by payment of a reinspection fee as established by the Board of Supervisors. Payment of such fee to a health inspector, as permitted herein, may only be made by check or money order, payable to the County of Los Angeles.

Reinspection shall be conducted not less than fourteen (14) calendar days following the timely filing of a request for reinspection and shall be limited in scope to those violations and areas and items of noncompliance identified during the prior routine inspection. Following reinspection, a revised Food Official Inspection Report shall be prepared and the establishment shall be regraded based upon the revised Report. The scores obtained with respect to areas and items which were found to be in compliance during the prior routine inspection, combined with scores obtained as a result of the reinspection, shall be the sole basis upon which a Letter Grade Card and/or Inspection Score Card may be prepared and posted following reinspection.

A request for reinspection may only be filed by the owner or operator of the food establishment of which such routine inspection was conducted. Said three (3) day period within which to request reinspection shall not commence unless and until posting following a routine inspection has occurred or the owner or operator has otherwise been provided written notice of the actual grading and basis therefor as determined by the county health officer following the routine inspection, whichever occurs first.'

" E. Subsections A, C and E of Section 8.04.752 amended. Notwithstanding the provisions of Section 8.04.010 of this Chapter, subsections A, C and E of Section 8.04.752 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code are hereby amended to read as follows:

`A. Subject to the provisions of Sections 8.04.225 and 8.04.275 of this Chapter, following a routine inspection, or reinspection if timely requested, the health officer shall post at the inspected food establishment the Letter Grade Card, the Inspection Score Card, or both, as determined by the health officer, so as to be clearly visible to the general public and to patrons entering the establishment. "Clearly visible to the general public and to patrons" shall mean posted in the following order of priority:

1. Posted in the front window of the establishment within five (5) feet of the front door. If such posting is not reasonably possible in the determination of the health officer, then posting shall occur as provided in subsection 2, below.

2. Posted in a display case mounted on the outside front wall of the establishment within five (5) feet of the front door. If such posting is not reasonably possible in the determination of the health officer, then posting shall occur as provided in subsection 3, below.

3. Posted in such location as directed and determined in the discretion of the health officer to ensure the most effective notice to the general public and to patrons.'

`C. Except as provided in Sections 8.04.225 and 8.04.275 of this Chapter, and subsection A of this Section, neither the Letter Grade Card nor the Inspection Score Card shall be defaced, marred, camouflaged, hidden or removed, and it shall be unlawful to operate a food establishment unless posting of either Card, or both Cards, as determined by the county health officer, has occurred. Unauthorized removal of the Letter Grade Card, the Inspection Score Card, or both, is a violation of this Chapter and may result in the suspension or revocation of the public health permit and shall be punishable as specified in Section 8.04.930.'

`E. The Food Official Inspection Report upon which the Letter Grade Card, the Inspection Score Card, or both, are based and all subsequent reports issued by the county health officer shall be maintained at the food establishment and shall be available to the general public and to patrons for review upon request. The food establishment shall keep the Food Official Inspection Report and all subsequent reports until such time as the county health officer completes the next routine inspection, or re - inspection pursuant to Section 8.04.402, of the establishment and issues a new Food Official Inspection Report.'

" F. Section 8.04.755 amended. Notwithstanding the provisions of Section 8.04.010 of this Chapter, Section 8.04.755 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code is hereby amended to read as follows:

` Section 8.04.755 Letter Grade Card and Inspection Score Card - Period of Validity. A Letter Grade Card, an Inspection Score Card, or both, shall remain valid until the county health officer completes the next routine inspection, or reinspection pursuant to Section 8.04.402, of the food establishment.'

" 8.04.040 Division 1, Title 11 - amendments . Notwithstanding the provisions of Section 8.04.010, Section 11.20.020 of Chapter 11.20 of Division 1 of Title 11 is hereby amended to read as follows:

` 11.20.020 Apartment House . "Apartment House" means any building or portion thereof which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied, as the home or residence of three (3) or more families living independently of each other and doing their own cooking in said building, and shall include flats and apartments.'

" 8.04.050 Civil remedies. The violation of any of the provisions of the Chapter, Codes or Regulations hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

" 8.04.060 Penalties . It shall be unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of the Chapter, Codes, or Regulations hereby adopted. Any person, firm, partnership or corporation violating any provision of the Chapter, Codes or Regulations hereby adopted, or failing to comply with any of their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of the Chapter, Codes or Regulations hereby adopted is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided herein."

SECTION 3 . Severability . The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance or the Code or Regulations hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance and the Code and Regulations hereby adopted shall remain in full force and effect.

SECTION 4 . The City Council does hereby designate the City Attorney to prepare a summary of this ordinance to be published pursuant to Government Code Section 36933 (c) (1) in lieu of the full text of said ordinance. That prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause the summary to be published in the Easy Reader , a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach.

SECTION 5 . The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city; shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted.

 

PASSED , APPROVED and ADOPTED this 9th day of May, 2000 by the following vote: