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Owners of residential, multifamily or commercial properties, events or other facilities that generate refuse must subscribe to and pay for Adequate Refuse Collection Service, and provide an accessible location for sufficient levels of service with collector(s) for source separated recyclables, compostables and trash, except as otherwise provided in this Chapter. Owners of such properties are responsible for any failure to subscribe to or pay for sufficient levels of refuse collection service. The Director of Public Health, pursuant to Health Code Article 6, as amended, shall enforce requirements for adequate and continuous refuse collections services.
(Added by Ord. 100-09, File No. 081404, App. 6/23/2009)
(a) The Director may administer all provisions of this Chapter 19 and enforce those provisions by any lawful means available for such purpose, including through imposition of administrative penalties for violations of those provisions of this Chapter, or of rules and regulations adopted pursuant to this Chapter, except as otherwise provided in this Chapter.
(b) To the extent permitted by law, the Director may inspect any collection container, collection vehicle load, or receiving facility, including back-of-house facilities, and the Director may also inspect internal facilities, front-of-house bins, or refuse chute rooms, for collected trash, recyclables, or compostables, and proper separation thereof, to enforce this Chapter 19.
(c) Except as otherwise provided in this Chapter 19, the Director of the Department of Public Health or his or her designee may impose administrative fines for violations of those provisions of this Chapter, or of rules and regulations adopted pursuant to this Chapter, that pertain to the jurisdiction of the Department of Public Health.
(d) Except as otherwise provided in this Chapter 19, the Director of Public Works or his or her designee may impose administrative fines for violations of those provisions of this Chapter, or of any rule or regulation adopted pursuant to this Chapter, that pertain to the jurisdiction of the Department of Public Works.
(e) Administrative Code Chapter 100, “Procedures Governing the Imposition of Administrative Fines,” as amended, is hereby incorporated in its entirety and shall govern the imposition, enforcement, collection, and review of administrative citations and penalties issued to enforce this Chapter 19 and any rule or regulation adopted pursuant to this Chapter; provided, however, that:
(1) The Director of Public Works or the Director of Public Health may adopt regulations providing for lesser penalty amounts than those provided in Administrative Code Section 100.5;
(2) The fine for any violation at a dwelling or commercial property that generates less than one cubic yard of refuse per week may not initially exceed $100; and,
(f) The Department shall use administrative penalties collected under this Chapter 19, including recovery of enforcement costs, to fund implementation and enforcement of this Chapter. Remedies under this Chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal.
(Added by Ord. 100-09, File No. 081404, App. 6/23/2009; amended by Ord. 300-18, File No. 180646, App. 12/21/2018, Eff. 1/21/2019, Oper. 7/1/2019)
CODIFICATION NOTE
(a) After public notice and a public hearing, the Director may adopt necessary forms and regulations to implement this Chapter.
(b) The Department shall provide assistance regarding compliance with this Chapter.
(c) The Department shall provide information on its website regarding what materials are accepted as recyclables, compostables, and trash under this Chapter.
(Added by Ord. 100-09, File No. 081404, App. 6/23/2009; amended by Ord. 300-18, File No. 180646, App. 12/21/2018, Eff. 1/21/2019, Oper. 7/1/2019)
(a) A property owner or manager may seek a waiver from the Director of all or portions of this Chapter, if the applicant submits documentation, using a form specified by the Director and including a signed affidavit under penalty of perjury, that shows that the property does not have adequate storage space for containers for recyclables, compostables or trash. In cases where after on-site verification space limitations are determined to exist, the Director shall evaluate the feasibility of sharing containers for recyclables, compostables or trash with contiguous properties, and, where feasible, requiring container sharing in lieu of providing a waiver.
(b) Except as otherwise required by the Director, a City agency or any person, property owner or manager, or business or community improvement district, may gather trash, compostables, and recyclables that have been placed in Public Prash1 Containers within its authorized area, and/or refuse directly from the ground on a sidewalk, street, or park within its authorized area, and may place the items in collection containers designated exclusively for public trash that are serviced by the collector, and/or may drop off compostables or recyclables so gathered at the San Francisco transfer station, so long as the items have not been co-mingled with refuse from any other source, including refuse generated by the serviced entity itself. A collector may drop off compostables or recyclables at the San Francisco transfer station that have been collected from public trash containers..1
The Director may require Public Trash Containers to have a recyclables receptacle attached.
(Added by Ord. 100-09, File No. 081404, App. 6/23/2009; amended by Ord. 300-18, File No. 180646, App. 12/21/2018, Eff. 1/21/2019, Oper. 7/1/2019)
CODIFICATION NOTE
The degree of protection required by this Chapter is considered to be reasonable for regulatory purposes. The standards set forth in this Chapter are minimal standards and do not imply that compliance will ensure safe handling of recyclables, compostables or trash. This Chapter shall not create liability on the part of the City, or any of its officers or employees for any damages that result from reliance on this Chapter or any administrative decision lawfully made in accordance with this Chapter. All persons handling discarded materials within the City should be and are advised to conduct their own inquiry as to the handling of such materials. In undertaking the implementation of this Chapter, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officer and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Added by Ord. 100-09, File No. 081404, App. 6/23/2009)
Subject to the limitations of due process and applicable requirements of State or Federal laws, and notwithstanding any other provisions of this Code, whenever the words "shall" or "must" are used in establishing a responsibility or duty of the City, its elected or appointed officers, employees or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion.
(Added by Ord. 100-09, File No. 081404, App. 6/23/2009)