(Added by Ord. No. 187,711, Eff. 1/18/23.)
(a) Violation of any provision of this article shall constitute grounds for issuance of a notice of violation and/or Enforcement Action.
(b) Enforcement pursuant to this article may be undertaken by the Director or designee.
(c) The Person, facility, or regulated entity issued a notice of violation shall comply by the compliance date on the notice of violation, or within 60 calendar days, whichever is earlier.
(d) Absent timely compliance with the deadline set forth in the notice of violation or 60 calendar days, whichever is earlier, by the Person, facility, or regulated entity subject to enforcement, the City shall commence an action to impose civil penalties in accordance with Subsection (e).
(e) Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Commercial Establishment (including a Multi-family Dwelling), property owner, Commercial Edible Food Generator, hauler, Self- Hauler, Food Recovery Service, or Food Recovery Organization is not in compliance with the requirements in this article, the City shall document the noncompliance or violation, issue a notice of violation, and take Enforcement Action as detailed in this section.
(2) The penalties are as follows:
(A) For a first violation, the penalty shall be $50.
(B) For a second violation, the penalty shall be $100.
(C) For a third or subsequent violation, the penalty shall be $250 per violation.
(f) The City may extend the compliance deadlines set forth in the notice of violation if it finds extenuating circumstances beyond the control of the Person, facility, or regulated entity subject to the notice of violation making timely compliance 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 while the City is under a corrective action plan pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(g) Appeals of Penalty.
(1) If a Person, facility, or regulated entity is issued a penalty pursuant to Subsection (e) and believes that the penalty was issued in error or that the penalty was excessive, the Person, facility, or regulated entity may appeal by filing, within 30 days of the mailing of the notice of penalty, a written request for a hearing before the Board. If the Board does not receive a written request for a hearing by this deadline, the penalty shall be deemed final and no administrative relief can be obtained.
(2) If the Person, facility, or regulated entity timely appeals pursuant to the provisions of Subdivision (1) of this subsection, the penalty that is the subject of the appeal shall be stayed pending a hearing before the Board.
(3) After receipt of a written request for a hearing filed in compliance with Subdivision (1) of this subsection, the Board will agendize the matter as soon as the Board deems practicable. At the Board hearing, the Board shall hear testimony of the appellant, if offered, a Bureau representative, and others whose testimony it deems relevant. The appellant shall have the burden of proof and may present evidence on the appellant’s behalf. Upon conclusion of the hearing, the Board shall issue a verbal or written decision. The Board may affirm the penalty or cancel it. If the Board affirms the penalty, the amount affirmed shall be owed thirty (30) days after issuance of the Board’s decision, unless the Board decides otherwise. Once the Board issues a decision, the matter is final, and the City will provide no further administrative relief.