HomeMy WebLinkAboutResolutions - 2012.03.22 - 20080Miscellaneous Resolution #12015 February 1, 2012
BY: General Government Committee, Christine Long, Chairperson
IN RE DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH
DIVISION — REVISION OF OAKLAND COUNTY SANITARY CODE,
ARTICLE I
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS, Article I provides General Provisions of the Oakland County Sanitary Code;
and,
WHEREAS, the Health Division has the regulatory authority for the enforcement of the
Oakland County Sanitary Code; and,
WHEREAS, the Health Division and Corporation Counsel have reviewed the penalty for
the violation of the Oakland County Sanitary Code; and,
WHEREAS, Article I has not been adjusted since 1950; and,
WHEREAS, the penalty being recommended for adjustments are included in Section 5 of
the attached Article I.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the revision of Article I of the Oakland County Sanitary Code.
Chairperson, on behalf of the General Government Committee, I move the adoption of
the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote.
Formatted: Font: Bold
I Formatted: Left
Formatted: Font: Bold
row •er-ce
ivork.
The-above-ou4
shall+e-ves
Seeti.-oh, 5 (CL 1948. 327.-.)05) the county health department shall-have
sdietion-throughout-theounty-in-both-indigent-and-rion-irKlitent-eases-Texeopt-that-it-shall-not
in non indigent-or- havi
"x-eept-that-sueh cities - •:1 ic courrt=y-imtbe organization,
xi-of sup-ervisors-, the-eounty-health department shall have the
nd-nut=ses-full-orpart 4-Une as shall-be-nee
nod to be exclusive an ;• ;ty-B
any-ether affprepria-te-A.-et-or-ikets,
ND COUNTY HEALTH DIVISION I Formatted: Font: Bold
ARTICLE I
GENERAL PROVISIONS
SECTION 1 - TITLE
The rules and regulations contained herein together with duly enacted amendments thereto shall
be known as the Sanitary Code of the Oakland County Department of Health Division.
g,CT1ON 2 IPEFINITIONS
When used in the said Sanitary Code, unless otherwise expressly stated:
a. GENERAL DEFINITIONS
When not inconsistent with the context, words used in the present tense include the future, words
in singular number include the plural number, and words in the plural number include the
singular number. The word "shall" is always mandatory, and not merely directory. Words and
terms not defined herein shall be interpreted in the manner of their common usage.
Jurisdiction CIVICI...13,13,1101 et. seq.) The local governingsntity of a couniv, shal Lprovide
county health department and irpooint a count hoard of health
A local health department shall continually and diligently endeavor to op -nicht disease,. prolon
life, and promote thc_pub.lic health through organized programs, including prevention and control
of environmental health hazards: )revention and control of diseases: prevention and control of
health_nroblems of particularly vulnerable po_pulation (9 -oups: deyelapment of health care
facilities and health services delivery systems; and regulation of health care facilities and health,
services delivery systems to the extentprovided bylaw.
- I Formatted: Font: Bold
Formatted: Font; Bold
--- — {Formatted: Left
„SECTION 3 :J2EGULATIONS Formatted: Font: Bold
Formatted: Left
Formatted: Font: Bold
I Formatted: Font: Bold
I Formatted: Left
( Formatted: Font: Bold •
Oald-and-C--ounty-Board-of-Sapervisot ,s,
2.1 Health DivisionDepartrnent - The term "Health Divisionepattfnent" shall mean the "I Formatted: Indent: Left: 0", Hanging: 0.5"
Oakland County epaftment--of Health Division.
2.2 Health Officer - The Term "Health Officer" shall mean the Direetor-Manaer of the - --[Formatted: Trident: Left 0", Hanging: 0.5''
Oakland County Department-of Health Division, and/or his/her authorized representative.
2.3 Sanitary Code - "Sanitary Code" shall mean and comprise the rules and regulations.-n ew
ef-lieteaft-et-formulated, promulgated and adopted by the Oakland County Board of
Commissioners Health.
2.4____Person - the term "Person" shall mean natural persons, individuals, firms, partnerships, 4 - --
corporations, companies, societies and associations, and every agent, officer, or employee
of any thereof.
rmatted: Indent: Left: 0, Hanging: 0.5"
i Formatted: Indent: Left: 0", Hangina: 0.5"
The Health Officer is hereby authorized and empowered to make and promulgate all reasonable
rules and regulations necessary to enforce the provisions of this code.
„SECTION 4 - HANDLING OF FEES
All fees collected by the Health Officer shall be receipted for and be deposited with the
Ttreasurer of Oakland County to the credit of the_--Dtraftment-of 1Health
SECTION 5 :PENALTY
Any person, flan or corporation who violates a reoldation is Quilty of a misdeineanor punishable
by imprisonment for not more than ninety (90)_dgys, or a fine of not more than two hundred and
, dollars (S25,90.00) per day, or both. Each dav that the violation continues is considered a
separate violation.
/kay-person.T-fmn or (>51T-oration wh-o-ah-E11-1--fail to comply with--ui•
upon conviction thereof, be punished by fine not exceeding one hundri_d dollars ($100.00), or
by imprisenment-fet-e-period no eeec4iiety-4/90-deye-eI'-b13eth sueli--fitte-and
$ECT1ON 6 z UNCONSTITUTIONALITY CLAUSE
Formatted: Font: Bold
Formatted: Left
r Formatted: Font: Bold
Formatted: Font: Bold
Formatted: Font: Bold
Formatted: Left
Formatted: Font: Bold
I Formatted: Font: Bold
I Formatted: Left
1SECTION 8 :SPECIAL PROVISIONS Formatted: Font: Bold
Formatted: Font: Bold
Formatted: Left
Formatted: Font: Bold ......... ..... _ .... .........._..._..... ...
I Formatted: Indent: Left: 0", Hanging: 0.5"
Formatted: Bullets and Numbering
If any section subsection, sentence, clause or phrase of these regulations is for any reason held to
be unconstitutional, such decision shall not affect the validity of the remaining portions of these
regulations.
4SECTION 7 :JNTERFERENCE WITH NOTICES
No person shall remove, mutilate or conceal any notice or placard of the-DeptHealth
Division posted in or on any premises or public place except by permission of the Health Officer
or an authorized representative thereof.
t_Formatted: Left
The regulations of this Code are supplemental to the regulations, rules and orders of the I Forrnatted: Font: Bold
Michigan Department of Conti-nun ity_Health, Mich igan Department of A_gricut I tit re, Mi chi gan
Department of Enviromnental Quality, the Public Health CodeLitv. v., and other laws of the State
of Michigan relating to public health and shall as to matters to which it refers supersede all local
ordinances heretofore or hereafter enacted inconsistent therewith.
„SECTON 9 :INSPECTION AND INVESTIGATION GENERALLY
ftAll-pvemlses-affeetecl by the regulations-okttis-Gefle-sltall-be-subleet-to--itispeetloo-b),-the
Bealth-Officer-o- - a • e •• • .° et the Sanitary-Code
okists-en-arty-stteh-prernkes-,-itay-permit-g,rent-etl-b=ttli-e4=lotti-frie-erma-y-be-suspeftdef.1
forthwith.
.y officer or employee of
employee-ofthe-Depatiment ef+lealdre-iii-the disthefge-ef:hts-dttt-y,
9.1 To assure compliance with the Sanitary Code, the Health Division may ins-pect,
investigate, or authorize an inspection or investigation beim: made of any matter. thin ,
premise. place. person. record, vehicle incident, or event and if any violation of the
Sanitary Code exists on any such premises, any_pertnit gra.nted by the Health Officer may
be suspended forthwith.
9,2 No person shall refuse to permit any officer or employee of the Health Division fully and:
freety to inspect any and all premi.ses and no person shall molest or resist any officer or
employee of the Health Division in the discharge of his duty_,
Formatted: Indent: Left: 0.25"
i Formatted: Centered
,SECTION 10 SSUANCE OF LICENSES - Formatted: Font: Bold
Formatted: Font: Bold
Formatted: Left ... .....
I Formatted: Centered
Formatted: Font: Bold
Formatted: Left
Formatted: Font: Bold
[ Formatted: Font: Bold
Formatted: Left
Formatted: Font' Bold
Nothing herein contained shall be construed to restrict or abrogate the authority of any
municipality in Oakland County to adopt and enforce additional ordinances or to enforce existing
ordinances relating to the regulation, control, or issuance of licenses or the renewal or revocation
thereof, or to charge and collect a fee therefore; provided, that whenever inspection relating to
health or sanitation is required no such municipality shall issue or renew such license without
first having obtained written approval from the-Depar-unent-of Health Division indicating
compliance with the provisions of the Sanitary Code.
$ECTION II :_yUBLICATION OF RULES AND REGULATIONS
All rules and regulations adopted by the County Board of Health, other than emergency
measures, shall be published at least once in a legally qualified newspaper of general circulation
in the County of Oakland, State of Michigan, not less than once each week for three (3)
successive weeks.
I 5ECTIONI 12 L.EFFECTIVE DATE OF RULES AND REGULATIONS
All rules and regulations shall become effective on the 30 th day after the first publication unless
the rule or regulation prescribes a later date.
Resolution #12015 February 1, 2012
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Resolution #12015 " February 16, 2012
The Chairperson stated that the resolution be held over until the March 22, 2012 Board meeting. There
were no objections.
FISCAL NOTE (MISC. #12015)
BY: Finance Committee, Torn Middleton, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION — REVISION
OF OAKLAND COUNTY SANITARY CODE, ARTICLE I
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
There is no financial impact to the Oakland County Health's Division budget as a result of
approving the revision of Article I of the Oakland County Sanitary Code.
FINANCE COMMITTEE
Resolution #12015 March 22, 2012
Moved by Taub supported by Woodward the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gershenson, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward,
Zack, Bosnic, Covey. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
qEBY APPROVE rraEGOLIS,RESOLUTI
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 22,
2012, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 22' day of March, 2012.
e ,
Bill Bullard Jr., Oakland County