(A) Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city enforcement official or representative. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine pursuant to Chapter 18 of Title 1 of this code of ordinances. The city’s procedures on imposition of administrative fines pursuant to Chapter 18 of Title 1 of this code of ordinances 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, except as otherwise indicated in this chapter.
(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 state courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.
(C) Enforcement pursuant to this chapter may be undertaken by the city’s enforcement official, which may be the City Manager or his or her designee, legal counsel or combination thereof.
(D) Process for enforcement shall be as follows.
1. A city enforcement official will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints and an inspection program. Section 8-2-72 establishes city’s right to conduct inspections and investigations.
2. The city may issue an official notification to notify regulated entities of its obligations under the chapter.
3. For incidences of prohibited container contaminants found in containers, the city or its designee 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 three days after determining that a violation has occurred. If the city observes prohibited container contaminants in a generator’s containers on more than two consecutive occasion(s), the city may assess contamination processing fees or contamination penalties on the generator.
4. With the exception of violations of generator contamination of container contents addressed under § 8-2-73(D)(3) the city shall issue a notice of violation requiring compliance within 60 days of issuance of the notice.
5. Absent compliance by the respondent within the deadline set forth in the notice of violation, the city shall commence an action to impose penalties, via an administrative citation and fine pursuant to Chapter 18 of Title 1 of this code of ordinances. 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 dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.
(E) The following factors shall be used to determine the amount of the penalty for each violation, further described in § 8-2-75, within the appropriate penalty amount range:
1. The nature, circumstances and severity of the violation(s);
2. The violator’s ability to pay;
3. The willfulness of the violator’s misconduct;
4. Whether the violator took measures to avoid or mitigate violations of this chapter;
5. Evidence of any economic benefit resulting from the violation(s);
6. The deterrent effect of the penalty on the violator; and
7. Whether the violation(s) were due to conditions outside the control of the violator.
(F) The city 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 Cal. Code of Regulations Title 14, § 18996.2, due to those deficiencies.
(G) 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 city’s procedures in the city’s codes for appeals pursuant to Chapter 18 of Title 1 of this code of ordinances. 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.
(H) Beginning January 1, 2022 and through December 31, 2023, the city 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 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.
(I) 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 chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section as needed.
(Ord. 648, passed 4-19-2022)