(Added by Ord. No. 187,711, Eff. 1/18/23.)
(a) A City representative and/or designee is authorized to conduct an Inspection and investigation, at random or otherwise, to confirm compliance with this article by any Organic Waste Generator, Commercial Establishment (including a Multi-family Dwelling), property owner, Commercial Edible Food Generator, hauler, Self- Hauler, Food Recovery Service, and Food Recovery Organization, subject to applicable laws.
(1) The City shall seek consent for an Inspection or investigation from the Person, property owner, facility owner, manager, or other individual at the premises who has, claims to have, or appears to have the authority to grant consent to an Inspection.
(2) A consenting Person, facility, or regulated entity shall provide or arrange for access during an Inspection and shall cooperate with the City’s representative or its designee during such Inspection or investigation.
(3) This section does not allow entry inside a private residence for Inspection.
(4) The scope of an Inspection or investigation may include confirmation of proper placement of materials in containers; evaluation of Edible Food Recovery activities; review of written agreements and records; examination of collection vehicle loads; assessment of materials collected from generators during their transfer or processing, or at the disposal facility; review of Source-Separated materials; or Inspection or investigation of compliance with any other requirement of this article.
(5) If the Person, facility, or regulated entity does not consent to an Inspection, then the Person, facility, or regulated entity shall be rebuttably presumed not to be in compliance with the requirements of this article. The Person, facility, or regulated entity can rebut this presumption by proving compliance with this article. Evidence of such compliance may include, for example, confirmation of proper placement of materials in containers, demonstration of Edible Food Recovery activities, furnishing proof of subscription to Organic Waste services, etc.
(b) Failure to demonstrate compliance with the requirements of this article and/or failure to rebut the presumption of noncompliance may result in penalties described in Section 66.07 of this Code.
(c) Any records obtained by the City during its Inspection or investigation shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code Section 6250 et seq.