.010 Authority—City Manager or their Designee are authorized to conduct Inspections and investigations, at random or otherwise, of any collection Container; collection vehicle loads; or transfer, processing, or Disposal facility for materials collected from Generators, to confirm compliance with this Chapter by Organic Material Generators, Commercial Businesses property owners, Multi-Family Residential Dwellings property owners, Single Family Dwelling property owners, Commercial Edible Food Generators, Permitted Self-Haulers, and Food Recovery Services and Food Recovery Organizations, subject to applicable laws.
(1) Per Chapter 1.01 of the Municipal Code, these powers include the power to issue Notices Of Violation, the power to assess and collect civil fines and penalties or file Criminal Complaints as provided in this Chapter, and the power to enter and inspect public and private property as permitted by law. This Chapter does not allow City to enter the interior of a private residential property for Inspection.
.020 Regulated entities shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City’s employee or its designated entity/Designee during such Inspections and investigations. As per Chapter 1.01 and in accordance with the requirements of this Chapter, the City Manager or their Designee is authorized to enter upon any property or Premises to ascertain whether there are violations of this code, and to make any Inspections and investigations that may include confirmation of proper placement of materials in Containers, Edible Food Recovery activities, records, or any other requirement of this Chapter described herein as may be necessary in the performance of his or her duties.
.030 Failure to provide or arrange for: (i) access to an entity’s Premises; or (ii) access to records for any Inspection or investigation is a violation of this Chapter and may result in a determination that the generator is out of compliance with one or more requirements of this Chapter.
(1) If the property owner or other Responsible Party refuses permission to enter or inspect, the City Manager or their Designee may seek an administrative inspection warrant pursuant to the California Code Of Civil Procedure or as otherwise authorized by law. Following the obtaining of owner permission to inspect or a lawful inspection warrant, the City Manager or their Designee is authorized to conduct examinations and surveys that may include, but are not limited to, the taking of photographs or video recordings and the taking of samples or other physical evidence or recordings. All inspections, entries, examinations and surveys shall be done in a reasonable manner and shall at all times comply with constitutional and statutory requirements.
.040 Any records obtained by a City during its Inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
.050 City representatives and/or its designated entity/Designee are authorized to conduct any Inspections, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.
.060 City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints. (Ord. 6519 § 1 (part); December 11, 2021.)