A. Violation of any provision of this article that occurs on or after January 1, 2024 shall constitute grounds for issuance of a notice of violation and assessment of a fine by the enforcement official in accordance with 14 CCR Section 18995.4. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction.
B. The provisions of subsection A do not apply to violations related to a generator placing prohibited container contaminants in containers, which the enforcement official and/or the City's designee shall enforce through the notice provisions of 14 CCR Section 18984.5(b) and the extra/special pick up fee(s) pursuant to the provisions of the applicable collection agreement between the City and a franchised hauler.
C. Penalty Amounts For Types Of Violations: For purposes of this article, the penalty levels for violations of the provisions of this article are as follows:
1. For a first violation, the amount of the base penalty shall be fifty dollars ($50.00) to one hundred dollars ($100.00) per violation.
2. For a second violation, the amount of the base penalty shall be one hundred dollars ($100.00) to two hundred dollars ($200.00) per violation.
3. For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty dollars ($250.00) to five hundred dollars ($500.00) per violation.
D. Education Period For Non-Compliance: Beginning January 1, 2022 and through December 31, 2023, the City or its designee will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the City 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 to the entity describing its obligations under this article 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.
E. Civil Penalties For Non-Compliance: Beginning January 1, 2024, if the City 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 this article, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed. (Ord. 21-O-2854, eff. 1-21-2022)