(A) Authority. City Manager or his/her Designee are authorized to conduct Inspections and investigations, at random or otherwise, of any collection Container; collection vehicle loads; or transfer, processing, or disposal facility for materials collected from generators, to confirm compliance with this ordinance by Organic Material Generators, Commercial Businesses (including Multi-Family Residential Dwellings) property owners, Commercial Edible Food Generators, Permitted Self-Haulers, and Food Recovery Services and Food Recovery Organizations, subject to applicable laws.
1. Per Title 1, Chapter 3, Section 5
on the Municipal Code, these powers include the power to issue notices of violation, the power to assess and collect civil fines and penalties as provided in this chapter, and the power to enter and inspect public and private property as permitted by law. This Section does not allow City to enter the interior of a private residential property for Inspection.
(B) Regulated entities shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City’s employee or its designated entity/Designee during such Inspections and investigations. As per Title 1, Chapter 3, Section 5
and in accordance with the requirements of this Section, the City Manager or his/her Designee is authorized to enter upon any property or premises to ascertain whether there are violations of this code, and to make any Inspections and investigations that may include confirmation of proper placement of materials in Containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein as may be necessary in the performance of his or her duties.
(C) Failure to provide or arrange for: (i) access to an entity’s premises; or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in a determination that the generator is out of compliance with one or more requirements of this Chapter.
1. If the property owner or other responsible person refuses permission to enter or inspect, the public official may seek an administrative inspection warrant pursuant to the California Code of Civil Procedure or as otherwise authorized by law. Following the obtaining of owner permission to inspect or a lawful inspection warrant, the public official is authorized to conduct examinations and surveys that may include, but are not limited to, the taking of photographs or video recordings and the taking of samples or other physical evidence or recordings. All inspections, entries, examinations and surveys shall be done in a reasonable manner and shall at all times comply with constitutional and statutory requirements (Title 1, Chapter 3, Section 5
)
(D) Any records obtained by a City during its Inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
(E) City representatives and/or its designated entity/Designee are authorized to conduct any Inspections, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.
(F) City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.
Any person who violates any provisions of this code, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine or penalty up to the maximum amounts set forth in Title 1, Chapter 3
of the City’s Municipal Code. (Ord. 837-20, 8-18-2020)