A. Subject to the requirements of any applicable franchise agreement with an exclusive franchise hauler, City representatives and/or its designees 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, or source separated materials to confirm compliance with this article by organic waste generators, commercial businesses, property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the City, its designees or agents to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with this article, the City may conduct container inspections, including using remote monitoring, for prohibited container contaminants.
B. Subject to applicable laws and the requirements of any applicable franchise agreement with an exclusive franchise hauler, a regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City's representative and/or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this article described herein. Failure to provide or arrange for:
1. Access to an entity's premises; or
2. Access to records for any inspection or investigation is a violation of this article and may result in penalties described.
C. Subject to the requirements of any applicable franchise agreement with an exclusive franchise hauler, the City's representatives, its designee and agents are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this article, subject to applicable laws.
D. The 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. The City shall notify the complainant of the results of the complaint if the complainant provides contact information. (Ord. 21-O-2854, eff. 1-21-2022)