[Amended by Ord. No. 1204-21, eff. January 6, 2022]
For the purposes of this article, certain words and phrases
used herein are defined as follows:
Any business, proprietorship, firm, partnership, person in
representative or fiduciary capacity, association, venture, trust,
corporation which is organized for financial gain or for profit, or
nonprofit corporation or entity, including all commercial, industrial
and institutional entities, and shall include any owner, agent, employee
or subcontractor of such business entity.
Bins provided by a contractor, usually three cubic yards
or greater in capacity and designed for the deposit of solid waste,
including solid waste, recyclable materials, and organic waste, charged
at commercial rates.
A business, industrial, commercial establishment, or construction
site, and any multiple-family, residential dwelling with five units.
It further includes such other establishments as the City Council
may designate as coming under the classification of commercial businesses.
All premises in the City, other than residential premises,
where solid waste, recyclable materials, and organic waste are generated
or accumulated. The term "Commercial premises" includes, but is not
limited to, stores; restaurants; rooming houses; hotels; motels; office
buildings; department stores; manufacturing, processing or assembling
shops or plants; hospitals; clinics; and nursing homes.
Fruits, vegetables, meat poultry, seafood, shellfish, bones,
rice, beans, pasta, bread, cheese, and eggshells, food soiled waxed
cardboard, napkins, paper towels, paper plates, paper milk cartons,
tea bags, coffee grounds/filters, wooden crates and sawdust.
Any and all types of oil used to cook or fry food, also referred
to as waste vegetable oil.
Actions to collect and distribute food for human consumption
that otherwise would be disposed, or as otherwise defined in 14 CCR
§ 18982(a)(24).
An entity that engages in the collection or receipt of Edible
Food from Commercial Edible Food generators and distributes that Edible
Food to the public for food recovery either directly or through other
entities or as otherwise defined in 14 CCR § 18982(a)(25),
including, but not limited to:
A food bank as defined in Section 113783 of the Health and Safety
Code;
A nonprofit charitable organization as defined in Section 113841
of the Health and Safety code; and,
A nonprofit charitable temporary food facility as defined in
Section 113842 of the Health and Safety Code.
A person or entity that collects and transports Edible Food
from a Commercial Edible Food generator to a Food Recovery Organization
or other entities for food recovery, or as otherwise defined in 14
CCR § 18982(a)(26).
A store primarily engaged in the retail sale of canned food;
dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry;
and any area that is not separately owned within the store where the
food is prepared and served, including a bakery, deli, and meat and
seafood departments, or as otherwise defined in 14 CCR § 18982(a)(30).
An event, including, but not limited to, a sporting event
or a flea market, that charges an admission price, or is operated
by a local agency, and serves an average of more than 2,000 individuals
per day of operation of the event, at a location that includes, but
is not limited to, a public, nonprofit, or privately owned park, parking
lot, golf course, street system, or other open space when being used
for an event.
A permanent venue facility that annually seats or serves
an average of more than 2,000 individuals within the grounds of the
facility per day of operation of the venue facility. A venue facility
includes, but is not limited to, a public, nonprofit, or privately
owned or operated stadium, amphitheater, arena, hall, amusement park,
conference or civic center, zoo, aquarium, airport, racetrack, horse
track, performing arts center, fairground, museum, theater, or other
public attraction facility. A site under common ownership or control
that includes more than one large venue that is contiguous with other
large venues in the site, is a single large venue.
A school district, charter school, or county office of education
that is not subject to the control of City or County regulations related
to solid waste, or as otherwise defined in 14 CCR § 18982(a)(40).
Each structure or unit primarily used for business purposes.
The City employee or agent designated as such by the Council
or City Manager.
A full-line, self-service retail store with gross annual
sales of $2,000,000, or more, and which sells a line of dry grocery,
canned goods, or nonfood items and some perishable items, or as otherwise
defined in 14 CCR § 18982(a)(71).
A Commercial Edible Food generator that is one of the following:
A Commercial Edible Food generator that is one of the following:
Restaurant with 250 or more seats, or a total facility size
equal to or greater than 5,000 square feet.
Hotel with an on-site food facility and 200 or more rooms.
Health facility with an on-site food facility and 100 or more
beds.
Large venue.
Large event.
A State agency with a cafeteria with 250 or more seats or total
cafeteria facility size equal to or greater than 5,000 square feet.
A local education agency facility with an on-site food facility.
A business or establishment engaged in the merchant wholesale
distribution of food, where food (including fruits and vegetables)
is received, shipped, stored, prepared for distribution to a retailer,
warehouse, distributor, or other destination, or as otherwise defined
in 14 CCR § 189852(a)(76).
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
All business entities shall receive commercial solid waste,
recyclables, and organic waste collection services, and a charge therefor
shall be collected at such rates as may be established by the Council.
Unless otherwise provided for in this article or chapter, business
entities shall receive solid waste, recyclables, and organic waste
collection services in the same manner and subject to the same terms
and conditions as residential premises as provided for in Article
1 of this chapter. In the event the City contracts with one or more
contractors to provide for commercial solid waste, recyclables, and
organic waste collection services to business entities at each place
of business, the contractor, which may or may not be the same contractor(s)
providing service under Article 1 of this chapter, shall provide services
to business entities at each place of business in the same manner
as collection services are provided to residential premises in Article
1 of this chapter. The provisions of Article 1 of this chapter shall
apply to commercial solid waste, recyclables, and organic waste collection,
generation, and disposal unless otherwise provided in this article.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
All business entities which utilize cooking oil for cooking
or frying of food shall place all used oil in a watertight container
clearly bearing the name of the establishment, having a tight fitting
lid, and which, when fitted, shall not exceed 50 pounds of weight.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
Except for those business entities which have been assigned
designated recycling bins by the City, every person owning or operating
any restaurant, cafe, bar, hotel, or business establishment of any
kind shall provide sufficient containers suitable and adequate to
keep in separate containers (1) garbage; (2) cardboard boxes, plastic
and paper; (3) glass; and (4) compostable food waste, in between collection
periods. Each container shall be watertight with tight fitting lids.
Each container shall be provided with suitable bales or handles. Those
business entities which have been assigned designated recycling bins
by the City shall place all waste in the proper bins according to
rules and regulations adopted by the City specifying the materials
which are to be placed in such bins.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
Any business entity having any pasteboard or corrugated paper
boxes shall break them up so that the material lies flat and place
the materials in designated containers as specified in this article.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
The Health Officer shall have the right to inspect all containers
used by and the place of any business entity at any reasonable time
during the entities regular hours of operation of any day for the
purpose of determining whether the provisions of this article are
being complied with.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
All solid waste, recyclables, and organic waste shall be placed
in containers or containers by business entities as specified in this
article or permitted in the contract between the City and contractor.
Any solid waste, recyclables or organic waste in excess of the limits
set forth in the contract between the City and contractor or otherwise
permitted by the City shall be considered excessive. In no event shall
any such excess solid waste, recyclables, or organic waste be placed
on any street, alley, or public way awaiting removal without first
having obtained permission from the City to do so.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
No business entity shall place a container outside for collection more than 12 hours prior to the day of collection. No person having the control of any oil container as described in § 6-2.203 shall place the same outside for collection, and only between the hours of 9:00 p.m. the day before collection and 9:30 a.m. the day of the collection. Immediately after collection, each container shall be removed from the street, alley or public way and placed on the place of business having the charge or control thereof.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
If any business entity requires collection service in quantities
in excess of the facilities provided for regular routine collections,
or in the event such solid waste, recyclables, or organic waste are
not placed in proper containers and at proper locations, an additional
charge shall be made therefor at a rate as specified in a resolution
of the Council, in addition to any penalties or fines which may be
imposed pursuant to this article.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
It shall be unlawful for any owner, agent, employee or subcontractor
of a business entity to fail to source separate materials generated
by such business entity or to otherwise fail to place such separated
materials in designated containers as specified in this chapter.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
It shall be unlawful for any owner, agent, employee or subcontractor
of a business entity to combine designated, unsoiled recyclables or
organic waste with solid waste. It shall be unlawful for any owner,
agent, employee, or subcontractor of a business entity to dispose
or attempt to dispose of appliances, furniture and furnishings, televisions,
monitors, computer equipment and related electronics, construction
materials and debris, including but not limited to concrete, plaster,
asphalt, at any place or time other than directly to the landfill
facility or as otherwise directed by the City or its contractor.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
(a)
Generators that are Commercial Businesses, including applicable multi-family
residential dwellings, shall:
(1)
Subscribe to the City's three-container collection services and comply with requirements of those services as described below in § 6-2.212(a)(2). The City shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collection services as requested by the City.
(2)
Participate in the City's three-container collection service(s)
by placing source separated green container organic waste, including
food waste, in the green container; source separated recyclable materials
in the blue container; and solid waste in the gray container. Generator
shall not place materials designated for the gray container into the
green container or blue container, nor place materials designated
for the green container or blue container into the gray container.
(3)
Supply and allow access to an adequate number, size, and location of collection containers with sufficient labels or colors [conforming with § 6-2.212(a)(4)] for employees, contractors, tenants, and customers, consistent with the city's blue container, green container, and gray container collection service or, if self-hauling, per the Commercial Businesses' instructions to support its compliance with its self-haul program, in accordance with § 6-2.217.
(4)
Excluding multi-family residential dwellings, provide containers
for the collection of source separated organic waste and source separated
recyclable materials in all indoor and outdoor areas where disposal
containers are provided for customers, for materials generated by
that business. Such containers do not need to be provided in restrooms.
If a Commercial Business does not generate any of the materials that
would be collected in one type of container, then the business does
not have to provide that particular container in all areas where disposal
containers are provided for customers. Pursuant to 14 CCR § 18984.9(b),
the containers provided by the business shall have either:
a.
A body or lid that conforms with the container colors provided
through the collection service provided by City, with either lids
conforming to the color requirements or bodies conforming to the color
requirements or both lids and bodies conforming to color requirements.
A Commercial Business is not required to replace functional containers,
including containers purchased prior to January 1, 2022, that do not
comply with the requirements of the subsection prior to the end of
the useful life of those containers, or prior to January 1, 2036,
whichever comes first.
b.
Container labels that include language or graphic images, or
both, indicating the primary material accepted and the primary materials
prohibited in that container, or containers with imprinted text or
graphic images that indicate the primary materials accepted and primary
materials prohibited in the container. Pursuant 14 CCR § 18984.8,
the container labeling requirements are required on new containers
commencing January 1, 2022.
(5)
Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirements in § 6-2.212(a)(4) pursuant to 14 CCR § 18984.9(b).
(6)
To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials in accordance with § 6-2.212(a)(2), or if recycling organics onsite or self-hauling under § 6-2.217 per the Commercial Businesses' instructions to support its compliance with its onsite recycling or self-haul program.
(7)
Excluding multi-family residential dwellings, periodically inspect
containers for container Contamination and inform employees if containers
are contaminated and of the requirements to keep contaminants out
of those containers pursuant to 14 CCR § 18984.9(b)(3).
(8)
Annually provide information to employees, contractors, tenants,
and customers about organic waste recovery requirements and about
proper sorting organic waste recyclable materials.
(9)
Provide education information before or within 14 days of occupation
of the premises to new tenants that describes requirements to keep
organic waste and recyclable materials separate from solid waste (when
applicable) and the location of containers and the rules governing
their use at each property.
(10)
Provide or arrange access for the City or its agent to their properties during all inspections conducted in accordance with § 6-2.218 to confirm compliance with the requirements of this chapter.
(11)
If a Commercial Business wants to self-haul, it must meet the self-hauler requirements in § 6-2.217.
(12)
Nothing in this section prohibits a generator from preventing
or reducing organic waste generation, managing organic waste on site,
or using a community composting site.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
(a)
Commercial businesses, which includes multi-family residential dwellings,
shall:
(1)
With the exception of self-haulers subject to § 6-2.217, be automatically enrolled in the City's three-container collection services with a source separated blue recyclable materials container and a source separated green organic waste container, approved by the public works director or his or her designee. The City shall have the authority to change the minimum required service levels over time.
(2)
With the exception of self-haulers subject to § 6-2.217, participate in the City's three-container collection services by placing source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and solid waste in the gray container. Generator shall not place materials designated for the gray container into the green container or blue container, nor place materials designated for the green container or blue container into the gray container.
(3)
Supply and allow access to adequate number, size, and location
of collection containers with sufficient labels or colors for employees,
contractors, tenants, and customers, consistent with the City's
three-container collection services. The containers provided by the
Commercial Business must have either:
a.
A body or lid that confirms with the container colors provided
through the collection service provided by City, with either lids
conforming to the color requirements or bodies conforming to the color
requirements or both lids and bodies conforming to color requirements.
A Commercial Business is not required to replace functional containers,
including containers purchased prior to January 1, 2022, that do not
comply with the requirements of the subsection prior to the end of
the useful life of those containers, or prior to January 1, 2036,
whichever comes first.
b.
Container labels that include language or graphic images, or
both, indicating the primary material accepted and the primary materials
prohibited in that container, or containers with imprinted text or
graphic images that indicate the primary materials accepted and primary
materials prohibited in the container. Pursuant 14 CCR § 18984.8,
the container labeling requirements are required on new containers
commencing January 1, 2022.
(4)
Excluding multi-family residential dwellings, provide containers
for the collection of source separated organic waste, and source separated
recyclable materials in all indoor and outdoor areas where disposal
containers are provided for customers, for materials generated by
that business. Such containers do not need to be provided in restrooms.
If a Commercial Business does not generate any of the materials that
would be collected in one type of container, then the business does
not have to provide that particular container in all areas where disposal
containers are provided for customers.
(5)
Excluding multi-family residential dwellings, prohibit employees
from placing materials in a container not designated for those materials
to the extent practical through education, training, inspection, and/or
other measures.
(6)
Excluding multi-family residential dwellings, periodically inspect
blue containers, green containers, and gray containers for container
contamination and inform employees if containers are contaminated
and of the requirements to keep contaminants out of those containers.
(7)
Annually provide information to employees, contractors, tenants,
and customers about organic waste recovery requirements and about
proper sorting organic waste and recyclable materials. This information
shall also be provided to new tenants within 14 days of occupation
of the premises.
(8)
Provide or arrange access for the City or its agents to their
properties during all inspections to confirm compliance with SB 1383
Regulations.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
(a)
De Minimis Waivers. The City may waive a Commercial Business's obligation (including that of a multi-family residential dwelling) to comply with some or all of the organic waste requirements if the Commercial Business provides documentation that the business generates below a certain amount of organic waste material as described in § 6-2.214(a)(2) below. Commercial businesses requesting a de minimis waiver shall:
(1)
Submit an application specifying the services from which they are requesting a waiver, and provide documentation as noted in Section § 6-2.214(a)(2) below.
(2)
Provide documentation that either:
a.
The Commercial Business's total solid waste collection
service is two cubic yards or more per week and organic waste subject
to collection in a blue container or green container comprises less
than 20 gallons per week per applicable container of the business's
total waste; or
b.
The Commercial Business's total solid waste collection
service is less than two cubic yards per week and organic waste subject
to collection in a blue container or green container comprises less
than 10 gallons per week per applicable container of the business's
total waste.
(3)
Notify City if any circumstances change such that Commercial
Business's organic waste exceeds the threshold required for the
de minimis waiver, in which case the waiver will be rescinded.
(4)
Provide written verification of eligibility for the de minimis
waiver every five years.
(b)
Physical Space Waivers. The City may waive a Commercial Business's
or property owner's obligations (including those of multi-family
residential dwellings) to comply with some or all of the recyclable
materials and/or organic waste collection service requirements if
the City has evidence from its own staff, a hauler, a licensed architect,
or a licensed engineer demonstrating that the premises lacks adequate
space for the collection containers otherwise required for compliance
with the organic waste collection requirements. A Commercial Business
or property owner may request and maintain a physical space waiver
through the following process:
(1)
Submit an application form specifying the type(s) of collection
services from which they are requesting a compliance waiver;
(2)
Provide documentation that the premises lacks adequate space
for blue containers and/or green containers, including documentation
from applicant's hauler, licensed architect, or licensed engineer;
and
(3)
Provide written verification to the City that it remains eligible
for the physical space waiver every five years thereafter.
(c)
Additional Waivers. The City may provide any additional waivers of
the requirements of this chapter to the extent permitted by applicable
law. The public works director or his or her designee shall be responsible
for determining the grounds for a waiver, its scope, and appropriate
administration.
(d)
Review and Approval of Waivers by City. Review and approval of waivers
will be the responsibility of the public works director or his or
her designee.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
(a)
Tier One Commercial Edible Food Generators must comply with the requirements
of this section commencing January 1, 2022, and Tier Two Commercial
Edible Food Generators must comply commencing January 1, 2024.
(b)
Large venue or large event operators not providing food services,
but allowing for food to be provided by others, shall require food
facilities operating at the large venue or large event to comply with
the requirements of this section, commencing January 1, 2024.
(c)
Commercial Edible Food Generators shall comply with the following
requirements:
(1)
Shall not intentionally spoil Edible Food that is capable of
being recovered by a Food Recovery Organization or a Food Recovery
Service.
(2)
Allow the City's designated enforcement entity or designated
third party enforcement entity to access the premises and to review
records pursuant to 14 CCR § 18991.4.
(3)
Keep records that include the following information, or as otherwise
specified in 14 CCR § 18991.4:
a.
A list of each Food Recovery Service or organization that collections
or receives its Edible Food pursuant to a contract or written agreement
established under 14 CCR § 18991.3(b).
c.
A record of the following information for each of those Food
Recovery Services or Food Recovery Organizations:
1.
The name, address, and contact information of the Food Recovery
Service or Food Recovery Organization.
2.
The types of food that will be collected by, or self-hauled
to, the Food Recovery Service or Food Recovery Organization.
3.
The established frequency that food will be collected or self-hauled.
4.
The quantity of food, measured in pounds recovered per month,
collected or self-hauled to a Food Recovery Service or Food Recovery
Organization for food recovery.
d.
Nothing in this chapter shall be construed to limit or conflict
with the protections provided by the California Good Samaritan Food
Donation Act of 2017, the Federal Good Samaritan Act, or share table
and school food donation guidance pursuant to Senate Bill 557 (Chapter
285, Statutes of 2017).
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
(a)
Food recovery services collecting or receiving Edible Food directly
from Commercial Edible Food Generators, via a contract or written
agreement established under 14 CCR § 18991.3(b), shall maintain
the following records, or as otherwise specified by 14 CCR § 18991.5(a)(1):
(1)
The name, address, and contact information for each Commercial
Edible Food generator from which the service collects Edible Food.
(2)
The quantity in pounds of Edible Food collected from each Commercial
Edible Food generator per month.
(3)
The quantity in pounds of Edible Food transported to each Food
Recovery Organization per month.
(4)
The name, address, and contact information for each Food Recovery
Organization for which that the Food Recovery Service transports Edible
Food for food recovery.
(b)
Food recovery organizations collecting or receiving Edible Food directly
from Commercial Edible Food generators, via a contract or written
agreement established under 14 CCR § 18991.3(b), shall maintain
the following records, or as otherwise specified by 14 CCR § 18991.5(a)(2):
(1)
The name, address, and contact information for each Commercial
Edible Food generator from which the organization receives Edible
Food.
(2)
The quantity in pounds of Edible Food collected from each Commercial
Edible Food generator per month.
(3)
The name, address, and contact information for each Food Recovery
Service from which the organization receives Edible Food for food
recovery.
(c)
Food recovery organizations and Food Recovery Services that have
their primary address physically located in the City and contract
or have written agreements with one or more Commercial Edible Food Generators
pursuant to 14 CCR § 18991.3(b) shall, no later than March
1, July 1, and September 1 of each year, report to the City in which
they are located the total pounds of Edible Food recovered in the
previous calendar year from the Tier One and Tier Two Commercial Edible
Food generators with which they have established a contract or written
agreement pursuant to 14 CCR § 18991.3(b).
(d)
Food Recovery Capacity Planning. In order to support Edible Food
recovery capacity planning assessments and other studies, Food Recovery
Services and Food Recovery Organizations operating in the City shall,
upon request, provide information and consultation to the City regarding
existing or proposed new or expanded food recovery capacity that could
be accessed by the City and its Commercial Edible Food generators.
A Food Recovery Service or Food Recovery Organization contacted by
the City shall respond to such request for information within 60 days,
or fewer days if the City requests a shorter timeframe.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
(a)
Self-haulers shall source separate all recyclable materials and organic
waste generated on-site from solid waste in a manner consistent with
14 CCR §§ 18984.1 and 18984.2, or shall haul organic
waste to a high diversion organic waste processing facility.
(b)
Self-haulers shall haul their source separated recyclable materials
to a facility that recovers those materials, and shall haul their
organic waste to a facility, operation, activity, or property that
processes or recovers source separated organic waste. Alternatively,
self-haulers may haul organic waste to a high diversion organic waste
processing facility.
(c)
Self-haulers that are Commercial Businesses (including multi-family
residential dwellings) shall keep a record of the amount of organic
waste delivered to each solid waste facility, operation, activity,
or property that processes or recovers organic waste; this record
shall be subject to inspection by the City. The records shall include
the following information:
(1)
Delivery receipts and weight tickets from the entity accepting
the waste;
(2)
The amount of material in cubic yards or tons transported by
the generator to each entity; and
(3)
If the material is transported to an entity that does not have
scales on-site, or employs scales incapable of weighing the self-haulers
vehicle in a manner that allows it to determine the weight of materials
received, the self-hauler is not required to record the weight of
the material but shall keep a record of the entities that received
the organic waste.
(d)
Self-haulers that are Commercial Businesses (including multi-family self-haulers) shall provide information collected in § 6-2.217(c) to the City if requested.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
(a)
City representatives and/or its designated entity, including designees
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, or source separated materials to confirm compliance
with this chapter by organic waste generators, Commercial Businesses
(including multi-family residential dwellings), property owners, Commercial
Edible Food Generators, self-haulers, hauler, Food Recovery Service,
and Food Recovery Organizations, subject to applicable laws. This
section does not allow the City to enter the interior of a private
residential property for inspection.
(b)
The regulated entity 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 designee
during such inspections and investigations. Such inspections and investigations
may include confirmation of proper placement of materials in containers,
Edible Food recovery activities, records, or any other requirement
described herein. Failure to provide or arrange for:
(c)
Any records obtained by the 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
§ 6250 et seq.
(d)
City representatives or its designee are authorized to conduct any
inspections or other investigations as reasonably necessary to further
the goals of this chapter, subject to applicable laws.
(e)
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. Contractors shall relay to City all
written complaints they receive concerning acts or omissions of themselves
or another entity that is potentially non-compliant with SB 1383 Regulations,
including anonymous complaints.
[Amended by Ord. No. 1204-21, eff. January 6, 2022]
(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 set forth in Section 1-9 of the Avalon Municipal Code 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)
City may seek all other remedies allowed by law, including civil
action or prosecution for an alleged misdemeanor or infraction. City
may pursue civil actions in the California courts to seek recovery
of unpaid administrative citations.
(d)
Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to Section 1-9.06 of the Avalon Municipal Code.
(e)
Alternative Enforcement. The provisions of this section do not and shall not be construed as limiting the City's ability to enforce violations under other sections of this chapter. In addition, any business entity permitting solid waste, recyclables, or organic waste to remain at the place of business beyond the time periods set forth in Article 1 for residential premises shall be subject to the nuisance abatement procedures provided in § 6-2.124.
