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Hermiston council moves to draft nuisance‑code changes to address unpermitted food vendors, stresses outreach
Summary
Council directed staff to draft an ordinance to treat unpermitted temporary food operations as nuisances that can be cited or closed for public‑health reasons, while councilors emphasized education, translation and support for small/local vendors.
City staff and the city attorney told the Hermiston City Council on Jan. 26 they will draft changes to the nuisance code to give code enforcement and police the ability to immediately address unpermitted temporary food vending that creates public‑health risks.
Planning Director Clint Spencer said the proposed amendment would treat unpermitted food operations as an immediate public‑health threat when health inspections or food‑handler certifications are absent, allowing officers to request presentation of licenses on demand, issue citations or, in egregious cases, close operations. The draft also would allow the city to cite property owners who knowingly allow unsafe vending on their sites.
“Unpermitted food is an immediate threat to public health and can be cited on the spot or even closed down if determined egregious,” Spencer said. City Attorney Toby Tovey said the draft aims to give enforcement clear tools for after‑hours situations when county inspections may not be able to act immediately.
Councilors pressed staff on the line between legitimate small entrepreneurs and commercial operations. Councilor Burrow urged education and outreach before heavy fines, noting many pop‑up vendors are popular and some face language barriers. Councilor Litton asked whether fines would be specified; staff said the draft will use existing municipal violation classes, with a class A violation carrying a presumptive fine (class A carries a maximum up to $2,000 under the draft language).
Yesenia Rangel, who identified herself as a Hermiston resident and small‑business owner, urged the city to provide pathways for entrepreneurs to comply, noting language barriers and the cost/difficulty of accessing commercial kitchens in some jurisdictions. “My question is how can the city or the county support small businesses that don't know?” she asked.
Council direction: staff to produce a formal ordinance for adoption that incorporates council feedback on education, translated outreach and proportional enforcement. No final ordinance or fine schedule was adopted on Jan. 26.
