ORDINANCE NO. 2023-010

SECTION 1. Section 4-1-1 (“Definitions”) of Chapter 1 (“Solid Waste”) of Title 4 (“Health and Sanitation”) of the Reedley Municipal Code is hereby amended to add the following definition:

SOLID WASTE CONTAINER: Any container used for the disposal, collection, or storage of garbage, trash, or recyclables, including, but not limited to, roll-off containers and their equivalents.

SECTION 2. Section 4-1-14 (“Enforcement”) of Chapter 1 (“Solid Waste”) of Title 4 (“Health and Sanitation”) of the Reedley Municipal Code is hereby amended to read as follows:

4-1-14: ENFORCEMENT

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 City Public Works Director, City Code Enforcement Officer, or representative. Enforcement Actions under this chapter include but are not limited to issuance of a civil citation and assessment of a fine pursuant to Title 1 Chapter 4 of the Reedley Municipal Code. Any violation of this chapter may also be enforced pursuant to any other remedy at law or in equity.

1. Responsible Entity for Enforcement:

a. Enforcement pursuant to this ordinance may be undertaken by the City Public Works Director, City Code Enforcement Officer, or a County Agency Public Official, if so designated.

b. City Public Works Director will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met.

c. City Public Works Director may issue Notices of Violation(s).

B. Process for Enforcement.

1. City Public Works Director and/or Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program (that may include Remote Monitoring). Section 4-1-13 establishes City’s right to conduct Inspections and investigations.

2. City may issue an official notification to notify regulated entities of its obligations under the ordinance.

3. City may issue a Notice of Violation requiring compliance within sixty (60) days of issuance of the notice.

4. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, City may commence an action to impose penalties, via a Civil citation and fine as set forth herein.

a. Civil Penalty Amounts for Types of Violations. The amount of civil penalties for each volition shall be as adopted by resolution of the City Council that is consistent with the applicable requirements prescribed in Government Code Sections 53069.4, 25132, and 36900.

C. Education Period for Non-Compliance. Beginning January 1, 2022, and through December 31, 2023, City will conduct Inspections, Remote Monitoring, 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 ordinance 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.

D. Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the Jurisdiction 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 ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and if necessary, take Enforcement Action consistent with violations of the City of Reedley Municipal Code. At the discretion of the Public Works Director, the City may also use the other remedies available within the Reedley Municipal Code.

E. Compliance Deadline Extension Considerations. The Jurisdiction may extend the compliance deadlines set forth in this chapter 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 Jurisdiction is under a corrective action plan with CalRecycle pursuant to Cal. Code Regs., tit. 14, section 18996.2 due to those deficiencies.

F. Impounding Solid Waste Containers.

1. Solid Waste Containers Subject to Impound. Any solid waste container within the City that is not provided by the appropriate solid waste franchisee may be impounded in accordance with this section.

2. Notice. The Public Works Director, City Code Enforcement Officer, or representative, shall cause a notice to remove to be posted on the solid waste container in violation of the provisions of this chapter. The notice to remove shall specify that the solid waste container must be removed from the premises within three (3) calendar days from the date the notice is posted on the container, or it will be removed and stored by the City and the contents may be disposed of at the expense of the owner of the container. The notice shall indicate: (a) the date and time that the notice was posted; (b) the name and telephone number of a person designated by the City to hear any appeal or challenge to the requirement that the container be removed; (c) that any appeal of the order for removal must occur within three (3) calendar days of the posting of the notice; and (d) that failure to claim the removed solid waste container within forty-five (45) days shall constitute abandonment and subject the container to disposal (60 days if owner is unknown). Notice shall also be provided to the owner of the property upon which the solid waste container is located, or otherwise posted in a conspicuous place on the applicable business or residence. Notice shall also be mailed, by certified mail, to the owner of the solid waste container if the owner’s mailing address or contact information is readily available and legible on the solid waste container or otherwise known to the Public Works Director, City Code Enforcement Officer, or representative.

3. Removal. If the solid waste container is not removed within three (3) calendar days of the notice to remove, the Public Works Director, City Code Enforcement Officer, or representative may direct the removal and storage of the solid waste container and the disposal of its contents. The City may employ the services of its solid waste franchisee(s) or any other contractor to remove said container(s). Any person whose duty it is to remove and store solid waste containers may enter upon private property with the consent of the owner or other person in charge of the premises, or by authority of a warrant, or without consent or a warrant if exigent circumstances exist.

4. Appeal. The owner of the solid waste container may request a hearing within five (5) business days of the removal of the solid waste container to appeal the City’s determination that the container is an unauthorized container subject to removal. The hearing will be conducted pursuant to the requirements under section 1-12-7. If the appeal is granted, any payments due to City shall be forgiven and any amounts paid reimbursed.

5. Storage. If no appeal is made, and after a solid waste container is removed and placed in storage, the Public Works Director, City Code Enforcement Officer, or representative, shall send by first class mail, postage prepaid, to the owner of the solid waste container, a notice to claim the stored container, if the identity of the owner of the solid waste container is known. The Public Works Director, City Code Enforcement Officer, or representative, shall make reasonable efforts to identify the owner of a stored solid waste container. If the solid waste container is not claimed within forty-five (45) days after mailing of the notice to the owner, or sixty (60) days after the container is removed, if the owner is not known, the solid waste container shall be deemed abandoned property and may be disposed of accordingly.

6. Release. No solid waste container shall be released to its owner unless the owner has paid the City for the actual costs of the removal, storage and disposal of contents, plus any administrative fees, fines or penalties established by resolution of the City Council. All amounts due to the City shall constitute a debt owed to the City by the owner of the solid waste container.

SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption. This Ordinance is intended as a restatement and clarification of existing law regarding the City’s and property owners’ rights and obligations related to cost recovery and attorney’s fees and is expressly made retroactive and shall apply to any currently pending code enforcement matters within the City.

SECTION 4. The City Clerk is directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Reedley, within fifteen (15) days after its adoption. If a summary of the ordinance is published, the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney.

/ /

The foregoing ordinance was introduced at a regular meeting of the City Council held on January 23, 2024, and was adopted at a regular meeting of said Council held on February 13, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________

Anita Betancourt, Mayor

ATTEST:

______________________________

Ruthie Greenwood, City Clerk

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