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In addition to any other requirements of this chapter, the following requirements also apply:
A. For projects covered by the California Green Building Standards Code, 24 CCR, Part 11, the applicants must, as a condition of the city’s permit approval, comply with the following:
1. Where five (5) or more multi-family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials, consistent with the three-container collection program offered by the city, or comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020.
2. Where new commercial construction or additions will result in more than 30% of the floor area, provide readily accessible areas identified for the storage and collection of blue container and green container materials, consistent with the three-container collection program offered by the city, or shall comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020.
B. For organic waste commingled with C&D, the requirements of 24 CCR Sections 4.408.1 and 5.408.1, as amended July 1, 2019 and effective January 1, 2020 shall be complied with.
(Ord. 575 § 2, 2022)
Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new (single-family, multi-family, public, institutional, or commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO, including sections related to use of compost and mulch, as amended September 15, 2015.
(Ord. 575 § 2, 2022)
Direct service providers to the city and all vendors providing paper products and printing and writing papers must comply with the city’s policy regarding recovered organic waste product procurement, including recycled-content paper procurement.
(Ord. 575 § 2, 2022)
A. Subject to the requirements of any applicable collection agreement with an authorized collector, city representatives and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city, its designees or agents to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with this chapter, the city may conduct container inspections, including using remote monitoring, for prohibited container contaminants.
B. Subject to the requirements of any applicable collection agreement with an authorized collector, a regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city representative and/or its designated entity, including designees, during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for:
1. Access to an entity’s premises;
2. Installation and operation of remote monitoring equipment; or
3. Access to records for any inspection or investigation is a violation of this chapter and may result in penalties described herein.
C. Any records obtained by the city during its inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in California Government Code Sections 6250, et seq.
D. Subject to the requirements of any applicable collection agreement with an authorized collector, the city representative, its designees and agents are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
E. The city shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints in accordance with by 14 CCR Section 18995.3.
(Ord. 575 § 2, 2022)
No person, other than the person in charge of any premises, or the person authorized by law to remove any container or bin from the location where the container was placed by the person in charge of storage or collection shall remove any refuse from any container or bin, or move the container or bin from the location in which it was placed for storage or collection, without the prior written approval of the person in charge of such premises. (Ord. 610-24 § 23, 2024)
A. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by the enforcement official in accordance with 14 CCR Section 18995.4. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The city’s procedures on imposition of administrative fines set forth in this code are hereby incorporated in their entirety, as modified from time to time, and 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. Other remedies allowed by law may be used, including civil action or prosecution as a 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. Notwithstanding the foregoing, in addition to any notice of violation, for incidences of prohibited container contaminants found in containers, city or its authorized collector will issue an informational notice of contamination to any generator or responsible party found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag, electronic notice, or other communication immediately upon identification of the prohibited container contaminants or within sixty (60) days after determining that a violation has occurred. Prohibited container contaminants in a responsible party’s containers on more than three (3) consecutive occasions may subject the generator to a contamination processing fee or enforcement action.
B. Enforcement pursuant to this chapter may be undertaken by the enforcement official.
C. Fines for violations. The fines for violations of the provisions of this chapter are as follows, subject to modifications by resolution of the city council:
1. For a first violation, the penalty shall be one hundred dollars ($100) per violation.
2. For a second violation, the penalty shall be two hundred dollars ($200) per violation.
3. For a third or subsequent violation, the penalty shall be five hundred dollars ($500) per violation.
D. Compliance deadline extension considerations. The city may extend the compliance deadlines set forth in a notice of violation 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, pandemics, epidemics, 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 Section 18996.2 due to those deficiencies.
(Ord. 610-24 § 24, 2024; Ord. 575 § 2, 2022)