§ 15-158. Administration and implementation.

(a)

Administration of this article shall be by the Butte County Health Officer or said officer's designees.

(b)

Any citizen who desires to register a complaint hereunder may request the Butte County Health Officer or designees to consider enforcement.

(c)

Enforcement may include any of the following actions:

(1)

Service of a notice upon a person violating the provisions of this chapter requiring the correction of such violation;

(2)

Commencement of a civil action in a court of appropriate jurisdiction to enjoin violation of the provisions of this chapter or otherwise require compliance herewith; and

(3)

Initiation of criminal proceedings to assess any of the penalties hereinafter provided by this article.

(d)

Any owner, manager, operator, or employer of any establishment controlled by this article shall have the right to inform persons violating this article of the appropriate provisions thereof;

(e)

The fire department or the health department shall require, while an establishment is undergoing otherwise mandated inspections, a "self-certification" from the owner, manager, operator or other person having control of such establishment that all requirements of this article have been complied with. For purposes of this article, said "self-certification" shall be sworn under penalty of perjury;

(f)

No liability for nonenforcement. In undertaking the enforcement of this chapter, the county is assuming and undertaking only to promote the general welfare. It is not assuming, nor is it imposing upon its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury;

(g)

When the provisions of this article are not remedied by county officials or any other public employee with authority to remedy any violations of this article, civil action against the County of Butte is denied and the county is absolved of any responsibility to enforce and/or of any liability for failure to enforce any provision hereof;

(h)

Notwithstanding any other provision of this article, a private citizen may commence a civil action in a court of appropriate jurisdiction to enjoin violation of this article or otherwise require compliance herewith.

(Ord. No. 2581, § 1, 2-10-87; Ord. No. 3039, § 1, 12-1-92)