(A) The city may take enforcement actions, including the issuance of an administrative citation and assessment of a fine, against persons and entities for violating this chapter. The city’s procedures on the imposition of administrative fines under Chapter 5 of Title 1 of this Code 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.
(B) The City Enforcement Officer and/or its designee will monitor compliance with the SB 1383 Regulations, including §§ 6-3.02, 6-3.08, 6-3.10, and 6-3.302 through 6-3.303, randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring).
(C) Education of SB 1383 Requirements.
(1) Beginning January 1, 2022 and through December 31, 2023, the city or its designee may conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance with the SB 1383 Regulations, including §§ 6-3.02, 6-3.08, 6-3.10, and 6-3.302 through 6-3.303, and if the city or its designee determines that organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials and/or, for the purposes of edible food recovery, training to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
(3) The City Manager or his or her designee shall work with the contractor to annually identify residences and commercial businesses subject
(D) Beginning January 1, 2024, if the city or its designee determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with the SB 1383 Regulations, including §§ 6-3.02, 6-3.08, 6-3.10, and 6-3.302 through 6-3.303, it shall document the noncompliance or violation, issue a Notice of Violation, and take enforcement action pursuant to this section, as needed.
(E) Prior to taking any enforcement action against a person, business, or entity for violating the SB 1383 Regulations, including §§ 6-3.02, 6-3.08, 6-3.10, and 6-3.302 through 6-3.303, the city shall first notify the person, business, or entity and provide an opportunity to correct the violation through the issuance of a Notice of Violation by a City Enforcement Officer. Notices shall be sent to the “owner” at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the residential dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information. This notice shall contain the information required by Antioch Municipal Code § 1-5.04. The notice shall state the person, business, or entity has 60 days to correct the violation. The person, business, or entity shall be responsible for ensuring and demonstrating compliance with the requirements of the SB 1383 Regulations, including §§ 6-3.02, 6-3.08, 6-3.10, and 6-3.302 through 6-3.303, within the 60-day time frame provided in the notification of violation. Failure to demonstrate compliance shall be cause for enforcement.
(F) For incidences of prohibited container contaminants found in containers, City Enforcement Officer will issue a Notice of Violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within 30 days after determining that a violation has occurred. Notwithstanding the foregoing, the city may issue administrative citations immediately for container contamination and failure to subscribe to collection service as required by § 6-3.02. The city may pursue enforcement of the provisions of this chapter through administrative, civil, or criminal proceedings.
(G) The penalty levels for violations are the penalties set forth in § 1-5.06(A).
(H) The city or its designee may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this section 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 capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(I) Persons receiving an administrative citation containing a penalty for an uncorrected Notice of 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 the city’s procedures in the city’s code 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.
(Ord. 2200-C-S, passed 1-11-22)