A. Violation of any provision of this chapter shall constitute grounds for issuance of a Notice of Violation (NOV) and assessment of a fine by a City Enforcement Official or representative. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The City’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.
B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.
C. Responsible Entity for Enforcement.
1. Enforcement pursuant to this ordinance may be undertaken by the City Enforcement Official or their designated entity.
2. Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the City.
a. Enforcement official(s) will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.
b. Enforcement official(s) may issue Notices of Violation(s).
D. Process for Enforcement.
1. Enforcement and/or designee will monitor compliance with the chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection.
2. The City may issue an official notification to notify regulated entities of its obligations under the chapter.
3. For incidences of prohibited container contaminants found in containers, the City or designee will issue a Notice of Violation to any generator after determining that a violation has occurred. If prohibited container contaminants are observed in a generator’s containers, the City may assess contamination processing fees or contamination penalties on the generator.
4. Notice of Violation(s) require compliance within sixty (60) days of issuance of the notice.
5. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to applicable law.
Notices shall be sent to the property owner or, if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, or a combination thereof depending upon available information.
E. Penalty Amounts for Types of Violations. The penalty levels are as follows:
1. For a first violation, the amount of the base penalty shall be fifty dollars ($50) per violation.
2. For a second violation, the amount of the base penalty shall be one hundred dollars ($100) per violation.
3. For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty ($250) per violation.
F. Compliance Deadline Extension Considerations. The Jurisdiction may extend the compliance deadlines set forth in a Notice of Violation issued if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2. Delays in obtaining discretionary permits or other government agency approvals; or,
3. Deficiencies in organic waste recycling infrastructure or edible food recovery.
G. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with City’s procedures in the City’s codes for appeals of administrative citations. Evidence may be presented at the hearing. The City will appoint a hearing officer who shall conduct the hearing and issue a final written order.
H. Education Period for Non-Compliance. The City or City designee will conduct inspections, route reviews or waste evaluations, and compliance reviews of organic waste generators, self-haulers, tier one commercial edible food generators, food recovery organizations, food recovery services, or other entity to determine compliance.
I. Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the City determines that an organic waste generator, self-hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take enforcement action.
[Ord. No. 621, 1/18/22.]