8.11.120 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 an enforcement officer. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The procedures in Chapters 1.16 and 8.13 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.

   B.   Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.

   C.   Penalty amounts for types of violations. The penalty levels are as follows:

      1.   For a first violation, the amount of the base penalty shall be $50 to $100 per violation.

      2.   For a second violation, the amount of the base penalty shall be $100 to $200 per violation.

      3.   For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation.

   D.   Factors considered in determining penalty amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:

      1.   The nature, circumstances, and severity of the violation(s).

      2.   The violator's ability to pay.

      3.   The willfulness of the violator's misconduct.

      4.   Whether the violator took measures to avoid or mitigate violations of this chapter.

      5.   Evidence of any economic benefit resulting from the violation(s).

      6.   The deterrent effect of the penalty on the violator.

      7.   Whether the violation(s) were due to conditions outside the control of the violator.

   E.   Appeals process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to Chapter 8.13.

   F.   Education period for non-compliance. Beginning January 1, 2022 and through December 31, 2023, the 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 chapter 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.

   G.   Civil penalties for non-compliance. Beginning January 1, 2024, if the city 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 chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this chapter.

   H.   Civil penalties for non-compliance. This chapter shall be interpreted consistent with the city's regulatory authority and shall only apply to local education agencies and other state or federal entities to the extent permitted by law, including SB 1383 Regulations.

(Ord. 2021-08-1526)

   Source Separated Container Disposal Table

BLUE RECYCLING CONTAINER
Paper	Metal	Plastics	Miscellaneous/ Other
All clean and dry paper and cardboard	Aluminum cans	Hard plastics (plastic bags and wrappers shall be placed in a trash bin, not recyclable)	Glass bottles and jars (non-broken)
Cardboard (NO plastic or waxy coating)	Aluminum foil/trays (non-soiled)	Bottles (caps and lids attached are acceptable)
Cereal boxes (remove plastic bag)	Metal caps and lids (attached to the bottle/jar)	Plastic buckets (metal handle acceptable)
Egg cartons	Steel (tin) cans	Coffee cup lids
Envelopes (windows OK)		Containers (Type I through Type 7 which exclude flimsy plastic grocery bags)
Junk mail and magazines		Clamshells
Packing or kraft paper		Cups and plates (Styrofoam acceptable)
Paper bags		Flower pots and trays
Phone books		Toys (NO electronics, metal, or batteries)
Sticky notes		Tubs and lids
Shredded paper		Styrofoam packaging
Clean paper towels
Wrapping paper (non- metallic)

 

GREEN CONTAINER
Food Scraps	Dirty Paper	Plants	Miscellaneous/Other
Food scraps	Greasy pizza boxes and paper bags	House plants	Wooden chopsticks, Popsicle sticks, coffee stirrers, toothpicks
All fruits and vegetables (pits and shells too)	Paper coffee filters	All plant debris including flowers, leaves, weeds, and straw	Wood: small pieces of clean wood/sawdust (NO plywood/ pressboard/painted/stained/treat ed)
Coffee grounds	Paper cups, plates (NO plastic or waxy coating)	Grass clippings	Vegetable wood crates (untreated wood)
Dairy products (NO liquids)	Paper take-out boxes and containers (NO plastic or waxy coating, with metal removed)	Small tree limbs, branches and roots	Cotton balls/cotton swabs with paper stems
Eggshells and eggs	Food-soiled paper napkins, tissues, and paper towels		NO compostable and biodegradable plastics
Leftovers and spoiled food
Meat (including bones)
Seafood (including shellfish)

 

GREY CONTAINER
Compostable plastic items including plastic grocery bags	Plastic items mixed with metal, fabric, or rubber
Paper plates, cups, and take-out containers with plastic or waxy coating	Plastic labeled (labels) "biodegradable" because it cannot be composted or recycled
Composite items made of multiple materials	Plywood, pressboard, and painted, stained, or treated wood
Broken ceramic dishware and glassware	Rubber or latex gloves or rubber bands
Cigarette butts & ashes	Styrofoam meat trays or other dirty Styrofoam
Diapers
Feminine products
Kitty litter and pet waste (bagged)
Corks
Garden hoses

 

(Ord. 2021-08-1526)