(A) The city has broad authority to enforce the provisions of this chapter including, but not limited to, issuance of a citation, a notice of violation, a notice to abate, an administrative fine, or a declaration of nuisance.
(B) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently substantial number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources. The city may record any notices as liens against the subject property.
(C) Responsible entity for enforcement. Enforcement pursuant to this chapter may be undertaken by the City Enforcement Official or their designee and the City Attorney.
(D) Process for enforcement.
(1) The City Enforcement Official and/or their designee will monitor compliance with the chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. The city may issue an official notification to notify regulated entities of its obligations under this chapter. The City Enforcement Official and/or their designee will issue a notice of violation requiring compliance within 60 days of issuance of the notice.
(2) Absent compliance by the respondent within the deadline set forth in the notice of violation, the city will commence an action to impose penalties, via an administrative citation and fine, pursuant to the city fine guidelines at the city's discretion. Notices will 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 dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.
(3) Property owners in the city are responsible for violations caused by tenants.
(E) Penalty amounts for types of violations. The penalty amounts for types of violation will be consistent with the City of Eureka's Code § 10.99 and the city may update the penalty amounts, procedures and process from time to time to ensure compliance with this chapter.
(F) 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 the city's procedures in the city's codes for appeals of administrative citations § 10.47. The city will appoint a hearing officer who will conduct the hearing and issue a final written order. Any affected person who is dissatisfied with the determination of the City Manager may appeal the same to the City Council.
(G) Education period for non-compliance. Beginning January 1, 2023 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 will provide educational materials to the entity describing its obligations under this chapter.
(H) Civil penalties for non-compliance. Beginning January 1, 2024, if the city and/or 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 this chapter, it will document the noncompliance or violation, issue a notice of violation, and take enforcement action.
(I) Fee disputes; limitations on time to challenge. Any subscriber that disputes for any reason a fee or charge imposed under the authority of this chapter may seek review of that fee as set forth in this section. Any and all fee disputes must be filed no later than 30 days after the fee or charge is assessed. If an appeal is not filed within 30 days, the fee or charge is final, unappealable, fully due and payable, and subject to all applicable collection and lien remedies.
(Ord. 943-C.S., passed 2-21-23)