(A) Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and/or assessment of a fine by a City Enforcement Official or representative. Enforcement actions under this chapter include, but are not limited to, issuance of an administrative citation and assessment of a fine, except that the administrative fine amounts in this chapter shall prevail. In addition to the procedures in this section, the city may enforce this chapter consistent with the procedures in Chapters 1.18, 1.20, and 1.32 of this Code.
(B) Other remedies allowed by law may be used for enforcement, including, but not limited to, 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 large number of violations or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.
(C) Responsible entity for enforcement. Enforcement pursuant to this chapter may be undertaken by the City Enforcement Official, which may be the City Manager or their designated entity, legal counsel, or combination thereof.
(1) The City Enforcement Official(s) or designee will interpret this chapter; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and determine if compliance standards are met.
(2) The City Enforcement Official(s) or designee may issue notices of violation(s).
(D) Process for enforcement.
(1) City Enforcement Official(s) or designee, will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program that may include remote monitoring. § 5.3A.14 establishes the city's right to conduct inspections and investigations.
(2) The city may issue an official notification to notify regulated entities of its obligations under this chapter.
(E) Penalty amounts for types of violations. The penalty levels for city-issued notices of violation are as follows:
(1) Commercial business.
(a) For a first violation, the amount of the base penalty shall be $100 per violation.
(b) For a second violation, the amount of the base penalty shall be $200 per violation.
(c) For a third or subsequent violation, the amount of the base penalty shall be $500 per violation.
(2) Single-family.
(a) For a first violation, the amount of the base penalty shall be $50 per violation.
(b) For a second violation, the amount of the base penalty shall be $100 per violation.
(c) For a third or subsequent violation, the amount of the base penalty shall be $250 per violation.
(F) Compliance deadline extension considerations. 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 14 CCR § 18996.2 due to those deficiencies.
(G) Appeals process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to the appeals procedures in Chapter 1.28 of this Code.
(H) Education period for non-compliance. Beginning January 1, 2022 and through December 31, 2023, the city will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance with this chapter, and if the city determines that organic waste generator, hauler, self-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) Civil penalties for non-compliance. Beginning January 1, 2024, if the city determines that an organic waste generator, hauler, self-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. The foregoing shall not apply to violations arising from incidences where a hauler discovers prohibited container contaminants found in containers.
(J) Enforcement table - non-exclusive list of violations.
TABLE 1 LIST OF VIOLATIONS | ||
CODE SECTION | REQUIREMENT | DESCRIPTION OF VIOLATION |
TABLE 1 LIST OF VIOLATIONS | ||
CODE SECTION | REQUIREMENT | DESCRIPTION OF VIOLATION |
§ 5-3A.05 | Commercial business and commercial business owner responsibility requirement | Commercial business fails to provide or arrange for organic waste collection services consistent with city requirements and as outlined in this chapter, for employees, contractors, tenants, and customers, including supplying and allowing access to adequate numbers, size, and location of containers and sufficient signage and container color. |
§ 5-3A.07 | Commercial edible food generator requirement | Tier one commercial edible food generator fails to arrange to recover the maximum amount of its edible food that would otherwise be disposed by establishing a contract or written agreement with a food recovery organization or food recovery service and comply with this section commencing Jan. 1, 2022. |
§ 5-3A.07 | Commercial edible food generator requirement | Tier two commercial edible food generator fails to arrange to recover the maximum amount of its edible food that would otherwise be disposed by establishing a contract or written agreement with a food recovery organization or food recovery service and comply with this section commencing Jan. 1, 2024. |
§ 5-3A.07 | Commercial edible food generator requirement | Tier one or tier two commercial edible food generator intentionally spoils edible food that is capable of being recovered by a food recovery organization or food recovery service. |
§ 5-3A.09 | Hauler requirement | A hauler providing residential, commercial or industrial organic waste collection service fails to transport organic waste to a facility, operation, activity, or property that recovers organic waste, as prescribed by this chapter. |
§ 5-3A.09 | Hauler requirement | A hauler providing residential, commercial, or industrial organic waste collection service fails to obtain applicable approval issued by the city to haul organic waste as prescribed by this chapter. |
§ 5-3A.09 | Hauler requirement | A hauler fails to keep a record of the applicable documentation of its approval by the city, as prescribed by this chapter. |
Organic waste generator requirement | Organic waste generator fails to comply with requirements adopted pursuant to this chapter for the collection and recovery of organic waste. | |
Organic waste generator, commercial business owner, commercial edible food generator, food recovery organization or food recovery service | Failure to provide or arrange for access to an entity's premises for any Inspection or investigation. | |
§ 5-3A.07 | Recordkeeping requirements for commercial edible food generator | Tier one or tier two commercial edible food generator fails to keep records, as prescribed by § 5-3A.07. |
§ 5-3A.08 | Recordkeeping requirements for food recovery services and food recovery organizations | A food recovery organization or food recovery service that has established a contract or written agreement to collect or receive edible food directly from a commercial edible food generator pursuant to 14 CCR § 18991.3(b) fails to keep records, as prescribed by § 5-3A.08. |
§ 5-3A.10 | Self-hauler requirement | A generator who is a self-hauler fails to comply with the requirements of 14 CCR § 18988.3(b). |
(Ord. 983 C.S., passed 2-2-22)