HomeMy WebLinkAboutOrd 2003-2916ORDINANCE NO. 2916
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE CHULA VISTA
MUNICIPAL CODE BY ADDING CHAPTER 8.21 RELATING
TO THE REGULATION OF WHOLESALE FOOD
WAREHOUSES
WHEREAS, wholesale food warehouses are not adequately regulated by the State of
California; and
WHEREAS, recent inspections of some of these food warehouses by the County of San
Diego (hereinafter "County") have revealed rodent infestations, mishandling of recalled food,
and other conditions that could lead to food borne illness; and
WHEREAS, the County responded to these problems by enacting Ordinance No. 9525
(New Series), which established a mandatory permit program, a permit fee, and regulatory
requirements applicable to wholesale food warehouses; and
WHEREAS, because the food stored in wholesale food warehouses is frequently
distributed across city boundaries, an effective regional food warehouse permitting and
regulatory program requires enactment of consistent regulatory ordinances throughout the
County and cooperation between ciries and the County to implement that ordinance; and
WHEREAS, the County cannot enforce its wholesale food warehousing regulation in the
City of Chula Vista (hereinafter "City") without the City adopting those regulations as its own;
and
WHEREAS, the City has an agreement in place with the County that provides for certain
services related to public health and sanitation to be provided by the County within the City; and
WHEREAS, the City desires that the County also implement the permitting and
regulatory program established by this ordinance.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain:
SECTION I. That Section 8.21.010 of the Chula Vista Municipal Code is amended to read:
Chapter 8.21
WHOLESALE FOOD WAREHOUSES
Sections:
8.21.010
8.21.020
8.21.030
8.21.040
Purpose and intent.
Adoption of San Diego County Ordinance Regulating Wholesale Food
Warehouses By Reference.
Administration and enforcement.
Fees.
I
Ordinance 2916
Page 2
8.21.010
Purpose and intent.
Wholesale food warehouses are not adequately regulated by the State of California and
recent inspections of some of these food warehouses by the county of San Diego have revealed
rodent infestations, mishandling of recalled food, and other conditions that could lead to food
borne illness.
Therefore, it is the purpose of the city council to adopt, in accordance with the requests of
the County of San Diego, the regulatory ordinances adopted in CVMC Section 8.21.020 by the
county for the regulation of wholesale food warehouses. Furthermore, it is the intent of the city
council through the adoption of the ordinances as they may currently read or hereinafter be
amended by reference to assist in every way in carrying out the wholesale food warehouse
regulatory program being conducted by the county.
8.21.020 Adoption of San Diego County Ordinance regulating wholesale food
warehouses by reference.
The City Council adopts the provisions of the County of San Diego Code of Regulatory
Ordinances concerning permitting and regulation of wholesale food warehouses, codified at
sections 61.212 through 61.256, by reference and incorporates these provisions into the Chula
Vista Municipal Code as if set forth in full. The City Counc'fl concurs with the determination
that sections 61.212 through 61.256 (the wholesale food warehousing ordinances of the county)
may be implemented throughout the county as it presently exists or as may be amended or
supplemented in the future by the county without further approval by the city council. Sections
61.212 through 61.256 of the County of San Diego Code of Regulatory Ordinances, which relate
to wholesale food warehousing, shall be maintained on file in the office of the City Clerk.
8.21.030 Administration and enforcement.
The County of San Diego Department of Environmental Health is authorized and
empowered to make inspections and issue permits to the owners and/or operators of wholesale
food warehouses that hold or distribute food at wholesale. The County Department of
Environmental Health shall also be responsible for enforcing the provisions of this chapter.
8.21.040 Fees.
Every person regulated by this chapter shall pay the required fee or fees associated with
administration and enforcement of the wholesale food warehouse permit and inspection program,
including, but not limited to, a permit fee, fee for inspection, fee for failure to file an application,
late fee, and finance charge. The exact amount and method of application of the fee or fees shall
be determined by the county of San Diego and kept on file at the County Depa, h~ent of
Environmental Health and the Office of the City Clerk. Such fees may be adopted, amended or
supplemented by the County without approval by the City Council. The County of San Diego
shall retain all fees and charges collected by it from regulated wholesale food warehouse owners
or operators.
SECTION II. The City already has an agreement in place with the County of San Diego that
provides for certain services related to public health and sanitation to be provided by the County
within the City. The City desires that the County also implement the permitting and regulatory
program established by this ordinance. The City Manager is hereby authorized to enter into any
supplemental or modified agreement with the County of San Diego that may be needed to effect
this purpose.
Ordinance 2916
Page 3
SECTION III. This ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Submitted by Approved as to form by
Robert A. Leiter ~'ow
Planning and Building Director
PASSED, APPROVED, and ADOPTED by the City Council of the City'~Sf Chula Vista,
California, this 27th day of May, 2003, by the following vote:
AYES:
NAYS:
ABSENT:
Councilmembem:
Councilmembers:
Councilmembem:
McCann, Rindone, Salas and Padilla
None
Davis
ATFEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2916 had its first reading at a regular meeting held on the 27th day of May, 2003
and its second reading and adoption at a regular meeting of said City Council held on the 3rd day
of June, 2003.
Executed this 3rd day of June, 2003.
Susan Bigelow, City Clerk