HomeMy WebLinkAboutSan Diego, County of; 1952-12-30;“
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AGRlWWJT TOR PURLIC !lEAT,TW SEI~V~CES TO BE FUE.?JISIIED B:r' THE COll?!TY;~ TO THE CITY OF CARLSBAD
The COUNTY OF SAN DXEGO, hereinafter referred to as the
COUNTY, and the CITY OF CARLSBAD -9
hereinafter referred to as the CITY, hereby agree as follows:
W'WEHEAS, the City has appointed the County Health Officer
(Directo'r of Public Health of the County of San Diogo) as the
Ci';y Health Officer for said City; and
WHEREAS, the City has adopted or proposes to adopt certain
ordinances relating to public health and sanitation which ordinances
contain the same regulatory and penal provisions as the County
ordinances regulating the same matter or phase of health and
sanitation; and
WHEREAS, it is the desire of the City to employ the County,
acting through its officers and employees, to enforce scmu or all.
of said City ordinances, which enforcement shall include the mak%lg
of necessary inspections required by said City ordinances, and to
pay the. County for such service the same fees that are charged by
the County pursuant to the comparable'County ordinances; and
WHEREAS, the County has agre6d to enforca and caky out the
regulatory provisions of those City ordinances that contain
regulatory and penal provisions identical to the County oxtiinances
hereinafter in this agreement enumerated; and
WHEREAS, the City may from time to time desire to employ the
' County to enforce and xarry out the regulatory provisions of certain
City ordinances relating to public health and sanitation which
impose regulations and requireservices different from or over and
above those imposed and required by the County*ordinances applicable
to the unincorporated territory of the County of San Diego; and
hVEREAS, the County, within the limitations of its personnel
and subject to agreement, will enforce and provide the inspections
and services required by such City ordinances imposing regulations
and requiring services different from or over and above those
required by the County ordinances , provided the City pay the County
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its e:epcn=;es in providtng the services required by such City
ordinances; NOW THEREFORE,
IT IS HT:REDY AGREED AS FOLLOWS:
lo The Cou.&y, through its Director of Public Health, sh$'l.
enforce and observe in the City the following:
(a) All. orders, quarantine regulations, and rules and
regulations issued by the State Department of Public
Health under the provisions of the Health and Safety
Code of the State OS California.
(b) All statute s of the Stata of California relating
to public health, .
2. There are in force and effect the following County
ordinances regulating the matters pertaining to public,health and .
s hereafter in this paragraph set forth: . \
County Ordinance No. 299 regulating barber shops,
beauty parlors, pool halls and billiard halls,
County Ordinance No, 302 regulating camps and
picnic grounds.
e (c) County. Ordinance No. 306 regulating the production
of milk, :
I (d) County Ordinance No. 151 (Mew Series) regulating
camps for children, .
County Ordinance No. 161 (Nex Series) regulating
food handling and food production establishments0
(f) County Ordinance No. 440 (New Series) regulating J septic tank and cesspool cleaners,
I \g) ,County Ordinance No, 44.7 (New Se~$es)'regulating
hotels and apartment houses.
(h) County Ordinance No. 850 (New Series) regulating
massago parlors.
(i) County Ordinance No. 982 (Nwv' Series) regulating c " * the issuance of burhal and removal permits, f \
(j) County Ordinance 140. 102'7 (New Series) regulating
refrigeration @ants4
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(k) County Ordinance No. l254 (New Series) regulating
plumbtie, including installation of gas pipe*
(1) County Ordinance No. 1258 (New Series) regulating
installation of septic tanks, 'cesspools and other
sub-surface disposal systems.
3.. When the City desires that the County, through its officers
and agents, enforce the provisions of a City ordinance that contains
the identical regulatory and penal provisions set forth in one of the
County ordinances enumerated in paragraph 2 of this agreement, which said
City ordinance shall be designated hereinafter as the "comparabl@
City ordinance"Y the City shall:
(a) Furnish the Clerk of the County Board of Supervisors
a certified copy of a resolution adopted by the City
Council in which the Council requests the County to
enforce the comparable City ordinance pursuant to this
agreement and certifies that said City Ordinance ,
imposes upon the incorporated territory of said City
the same regulatory and penal provisions contained
in one of the County,ordinances enumerated in said
paragraph 2, :
.(b) Empower.the appropriate County officers and employees
‘designated, by the County J3oard of Supervisors to
enforce the comparable City ordinance within the
incorporated territory of the City,
(cl Furnish to the Clerk of the County Board of Supervisors
two certLf-ied copies of the comparable City ordinance,
together with two certified copies of all amendments
thereto, which copies said Clerk shall transmit to the
appropriate County Department or officer,
4-a Within 30 days after receipt of the certified copy of the
resolution of the City Council referred to above, the County through
,
its appropriate officers and employees, shall begin Co enforce the
comparable City ordinance and as a part of such enforcement shall make
the inspections required by.such ordinance, all. in accordance with the ,
provisions of this agreement.
5.3 Where the comparable CAty ordinance to bc enforced by the
county require s that'an inspsctkn be made prior to the issuance of ‘a
permit or license, the following procedure shall. be followed:
(a) The City, through its officers and empl.oyees that are
not officers or empbyees of the County, shall accept
the application, on a form approved by the appropriate
County department, and collect any fee prescribed by'the
City ordinance,
(b) The City shall notify the County department charged.
with the enforcement of 'the comparable City ordinance,
on a'form approved by such department, that such
application has been filed and shall furnish said
County department a copy of the application, *
(c) Upon receipt of such notice and a copy of the application,
the County department shall make the necessary inspection,
and if the applicant meets the requirements of the com-
parab1.e City ordinance-, the appropriate County officer
shall issue in the name of the City the permit 'or license
to the permit or license, the fofIox?..ng procedure
for which application was made,
60 V/here the comparable City ordinance to be enforced by the
County requires that a permit or license be first issued and thereafter
inspections be made to approve the installation made or activity ,
performed pursuant
'shall be followed:
(a) The City, through its officers and employees that are
not officers or.employees of the County, shall accept
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Ii0 A~~proii i P,., v tend E,uthoricing the Chailnun )
to Sign C;;ramonts Betwocn the Countg and )
V~r:lous i.~it:k3 for Pv,blic Health ServLces 3
to be 5’wnirjhed by tho Ccxmty to said )
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OX &fOTION of Supervisor Gibson, seconded by Supervisor HowLL, the foU.ming
resoluticn is adopted by ths Board of Supervise ss of tha Count,g of San Diezo, Ststu
of Callfo rnio :
WI-iSlUAS, lo Cor&cti.on with the proposed ~nforconie~t of rogulat.lcxm relating
to public health and aanl.tatio~ throughout the County of San Diego, there am presented
to tha Bczrd proposed agrco~mnt~ batwwn the foJloG.ng-namd incorpomt~d cities and
the Cmnt~ of San Dingo, providiiq for pub.Lj.c, health servicea to be furaished by t!m
County to said c!.ties:
Carla bad
Coronado
Chula Vista 8 El Cajon
G3ccxld id0 La Hess Nation31 city
C-hXXXSPdCJ
MC’j’i TIl%%?~-i.E, IT Js fi&fK&V%D ABC OHD!Sh?D that the propoosd agrcemnt~ between
thS Cormt$ of IS2n Diego and the fr~~i~2.s Fncorpomted cltics hcre!~~~bo~?e Listad,
providirg fpr public health semices to 50 furnishad by tha Ccunty, be; and ths same
am hsiralry approved, and that tl:le Chairmn of the Boed of Supmvisom be, and hr is
hereby au :hziaod to execute said ngsoe;rmta for s.!?d on bohaU’ of the County of .%n
PASSED AED ADOPTED by tk13 Board of StLpWViSGPS of the Cowty of San Diego?
ski to of ~2lxf ork ) Ulit3 3sth day of Decemtmr, hf)F2, by the foUm%ng vote:
AYIS: Supm.ho fs Gibso;l .c Bird, Hobnins 3 ibssi snd H0ml.l
NC3S: su,po:~-vi sor3 Nom
A BSP !jz’ * * . -Sup3Pvl~3ors km
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-the application, on a form approved by the nppropriato
County department, collect any fee prescribed by the
comparable City ordinance and issue the permit or IlcenseO ’
(b) The City shall notify the-county department charged
with the enforcement of the compara.ble City prddnance,
on a notification form approved by that department,
that such permit or license has been issued and shall.
furnish such County department a copy of the license
or permit and a copy of the application khcrefcr,
(c') Upbn remipt of the notice, the copies of the application
and license or permit, the County department .shall
make the inspections required by the comparable City
ordinance,
(d) Whenever a reinspection is required pursuant to the
comparable City ordinance and a fee is prescribed by such
.
ordinance for the reinspection, the County department
enforcing such ordinance shall notify the appropriate
officer of the .City who 3s no* + an officer of the County
,that such reinspection I's necessary, and it shall be the
duty of the City officer to collect the fee for the
~reinspection and thereafter notify the County department,
on a form approved by that department, that such fee
,. has been paid and that the reinspection may be made. I
Upon receipt of such notice, the County department
shall make the reinspection,
7. In consideration of the services to,be'rendered by the County
as specified in paragraphs 3 to 6, inclusive, of'this agreement,.the
Cfty agrees to pay to the County for-each application filed, each
permit and license issued, and each inspection and reinspection made
pursuant to the comparable City ordinance, an amount of money equal to
the foe or fees proscribed for such application, permit, license,
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inspection, and reinspection by the County ordina!lcc containing the
same regulatory and penal provisions as the comparable City ordinance,'
to the end that the County shall collect for such services the same
amount it would have collected had it performed such services in
enforcing the County ordinance* .
.8, Based upon the copies of applicatjons, $crmj.ts and licenses
furnished by the City to the County, and based upon the number of
permits and licenses issued and inspections and'reinspecti.ons.made by
the County, the County department enforcing the comparable City ordinance
'shall at the end of each calendar month submit to the City Clerk of
the City a statement of the amount due from the City to the County
for the enforcement of the comparable City ordinance' during the
preceding calendar month, The City shall within 30 days after receipt
of such statement pay to the County through the County department -
enforcing the comparable City ordinance, the amount shown by such
statement to be due.
-90 _ The City shall within five (5) days after the adoption of
any amendment to a comparable City ordinance furnish two (2) certified
cop1e.s of such amendment to the County department enforcing the
comparable City ordinance. . \
10, In the event the City amends any comparable City ordinance
tha$ the County is employed to enforce:pursuant to this agreement so
that such City ordinance no longer embodies the identical regulatory
and penal provisions contained In the.County ordinance, the County *- -. may upon 30 days' written notice to the City Clerk of the City terminate
this agreement insofar as the County Ys obligated to enforce such .
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City ordinance0 4
11, In the event the County timends any ordinance specified Sn
paragraph 2 of this agreement, it shall immediately furnish to the
City Clerk of the City a certified copy of such amendment. If within
30 days after the City C.Ierk receives such certified copy the City fails
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to adopt a si.mfIar amendment to the comparabls City ordinance being
enforced by the County, the County may upon 30 days' written notice
to the City Clerk of the City terminate this agreement insofar as the
County is pbligateci to enforce such compnrable City ordinance.'
12. The City may employ‘the Co.unty to enforce one or more
comparable City ordinances upon the terms and conditions and for tho
compensation hereinabove specified by following the procedure specified
in paragraph 3 of this agreement. ,'
13 l In the event the City adopt -s an ordinance regulating health
or sanitation matters other than those reglllated by the County
ordinances specified in paragraph 2 of this agreement, or adopts an
ordinance that imposes different or more stringent re,gul.ations or pro-.
vPdes for more inspections or service than imposed or required by the
. County ordinances, the City and the County may by a supplement tothis
agreement provide for the enforcement of such city ordinance in accor-
dance with the terms, tiG%itSons and provisions specified in paragraphs
3, 4, 5, 6, 8 and 13 of this agreement and provide for the consider-
ation to be paid by the City to the County for the enforcement of-such
City ordinance, which consideration, shall be in addition
sideration required to be paid by this agreement for the
comparable City ordinance.
to any con-
enforcement
In the event the City amends any ordinance that is the subject
of
of such supplemental agreement, the City shall within five days after
the adoption of the amendment furnish two certified copies of such r - amendment to the County Department enforcing such ordinance. Within
30 days after receipt of'the copie s of such amendment the Cbunty may
terminate this
this paragraph
ordinance that
agreement and any supplement thereto made pursuant to
I.3 insofar as it is obligated to enforce the City .
is the subject of such supplemental agreement by giving
30 days' written notice thereof to the City Clerk of the Clty6
14. With.respect to all duties which the Director of Public
Health of the County of San Diego $s authon4zed or required to perform
within or for the City, including the enforcement of comparable City
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ordinances pursuant to this agreement, said Director of Public Health,
his deputies, assistants and employees, shall have the same powers as
are conferred by law upon the health officer of the City, his deputies,
assistants and employees,
l-5. In the event the County assumes the enforcement of a City
ordinance pursuant to thi, @ agreement and thereafter the City
terminates the authority of the officers or employees of the County
to act as officers and employees of the City in enforcing such City
ordinance, the obligation of the County to enforce such City
ordinance shall immediately terminate,
16. This agreement shall supersede all existing agreements
between the City and the County that require the County or the County .
Health Officer to perform health services within or for the City,
including the agreement dated July 22, 1952 . *
17. This agreement shall take effect on January 1, l..953*
18. This agreemept may be terminated by the County by the giving
of ninety (90) days' / written notice of intention to terminate to the ,
City Clerk of the City or by the City by the giving of ninety (90) / '
days7 written notice of intent,ion to terminate to the Clerk of the
Board-of Supervisors of the County; provided, however, this provision
shall not authorize the County to avoid furnishing services specified
in Paragraph 1 of this.agreemeng so long as the State statutes
require the County to furnish such services to cities without charge,
IN KTTKESS WHEREOF,.the City has by resolution of itti City
Council duly adopted caused this agreement to be ,executed by the
Mayor of the City and attested by th3 L City Clerk, and its corporate
seal to be affixed thereto, and the County has by.resolution of
its Board of Supervisors duly adopted caused this agreement to be
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executed by the Chairman of its kxwd of Supervisors and.attested by
the County Cl&k0 -te DATED this 38, day of , 1952.
CITY OF CARLSBm ---_
BY \.. I
ATTEST: . &L$L/& ;, .
CARLSBAD
s erg
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ATTEST: .
T. H. SEXTOK, County Clerk of the County of San Diego,. Staze of California
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STATE OF CAIJFOFKU, 1 83. 1 county of San Diego, ) \
I, T, H. SFXTOB, County C&ark of the County of San Diego, State of California, and s-officio Clerk of thd Board of Supervisors cf kid County, harzby certify that
I have conqmwd the foregoing copy with tho originab resolution passed and adopted by
said Bca W, OS a regular* meeting thereof, at the time and by ths vote t&rein stztsd,
which ori..&ab resolution i3 now on f XL3 in my office; that the WJIPI~ contains a full, (
truo and correct transcript therefrom and of the tvhnle thereof
Witness my hand and the Seal of s&id Board of ~uperwiaors, this 30th day of December, A.D,, I.72
. T'. H. SEXTON, County Clerk and ox-officio Clex$ of the Aq,?rd of Suparvisors