(A) The violations of the S8 1383 Regulations as incorporated into this chapter and listed in § 50.159 and shall constitute grounds for issuance of a notice of violation and assessment of a fine by the city's enforcement officer or representative. Enforcement actions under this section include, but are not limited to, the issuance of an administrative citation and the assessment of a fine. The city's procedures on imposition of administrative fines as set forth in Santa Paula Municipal Code §§ 14.01 et seq. 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 herein.
(B) Other remedies allowed by law may be used, including 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) Enforcement pursuant to this chapter may be undertaken by the city's enforcement officer.
(D) Process for enforcement.
(1) City enforcement officers will monitor compliance with the this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and/or an inspection program.
(2) City may issue an official notification to notify any person of its obligations under this chapter.
(3) City may issue a notice of violation requiring compliance within 60 days of issuance of the NOV. The notice shall contain the following information:
(a) The name(s), or account name(s) of each person or entity to whom the notice is directed.
(b) The factual description of the violations of this chapter, including the sections being violated.
(c) The compliance date by which the violator must take specified action(s).
(d) The penalty for not complying within the specified compliance date.
(4) Absent compliance by the respondent within the deadline set forth in the notice of violation, city may impose penalties, via an administrative citation and fine, pursuant to §§ 14.10 et seq. as modified by this chapter. Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the city or, if no such address is available, to the owner at the address of the dwelling or commercial property, or to the party responsible for paying for the collection services, depending upon available information.
(5) Penalty amounts for types of violations. The penalty amounts shall be those set forth in § 14.11 subject to any requirements set forth in SB 1383.
(E) 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.
(F) Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with § 14.25. Evidence may be presented at the hearing. The city will appoint a hearing officer who shall conduct the hearing and issue a final written order.
(Ord. 1091, passed 1-5-04; Am. Ord. 1313, passed 12-1-21)