(a) The Director shall administer all provisions of this Chapter 32 and may 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 Food Recovery Organization, Food Recovery Service, and Commercial Edible Food Generator, and records related to their operations, to enforce this Chapter 32.
(c) 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 32, and any rule or regulation adopted pursuant to this Chapter; provided, however, that:
(1) The fine for a violator’s first violation at a dwelling or commercial property that generates less than one cubic yard of refuse per week may not exceed $100;
(2) Each day of continued noncompliance constitutes a separate violation.
(3) The Director may hold imposed administrative penalties in partial or complete abeyance, pending completion of ordered remedial steps or based on other conditions, in accordance with the Director’s lawful discretion and in furtherance of the objectives of this Chapter 32. A Food Recovery Organization, Food Recovery Service, or Commercial Edible Food Generator that is a City-owned or operated facility is not subject to administrative penalties under this Section 3206(c); and
(4) In any action where a violation is found, the Director may assess the Department’s costs of enforcement and attorneys’ fees against the violator.
(d) The Department shall use administrative penalties collected under this Chapter 32, including recovery of enforcement costs, to fund implementation and enforcement of this Chapter. If the Director determines that administrative penalties and enforcement costs collected under this Chapter 32 exceed the amount needed by the Department to fund implementation and enforcement of this Chapter, the Director may use any excess funds to support other work of the Department.
(e) Remedies under this Chapter 32 are in addition to and do not supersede or limit any and all other remedies, civil or criminal.
(Added by Ord. 90-22, File No. 220607, App. 6/15/2022, Eff. 7/16/2022)