[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:
BUSINESS ENTITY
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.
COMMERCIAL BINS
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.
COMMERCIAL or COMMERCIAL BUSINESS
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.
COMMERCIAL PREMISES
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.
COMPOSTABLE FOOD WASTE
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.
COOKING OIL
Any and all types of oil used to cook or fry food, also referred to as waste vegetable oil.
FOOD RECOVERY
Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR § 18982(a)(24).
FOOD RECOVERY ORGANIZATION
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) 
A food bank as defined in Section 113783 of the Health and Safety Code;
(b) 
A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(c) 
A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
FOOD RECOVERY SERVICE
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).
GROCERY STORE
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).
LARGE EVENT
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.
LARGE VENUE
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.
LOCAL EDUCATION AGENCY
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).
PLACE OF BUSINESS
Each structure or unit primarily used for business purposes.
RECYCLING COORDINATOR
The City employee or agent designated as such by the Council or City Manager.
SUPERMARKET
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).
TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR
A Commercial Edible Food generator that is one of the following:
(a) 
Supermarket.
(b) 
Grocery store with a total facility size equal to or greater than 10,000 square feet.
(c) 
Food service provider.
(d) 
Food distributor.
(e) 
Wholesale food vendor.
TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR
A Commercial Edible Food generator that is one of the following:
(a) 
Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(b) 
Hotel with an on-site food facility and 200 or more rooms.
(c) 
Health facility with an on-site food facility and 100 or more beds.
(d) 
Large venue.
(e) 
Large event.
(f) 
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.
(g) 
A local education agency facility with an on-site food facility.
WHOLESALE FOOD VENDOR
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.
Notwithstanding the foregoing, business entities shall comply with the City's election of the SB 1383-compliant provisions of either § 6-2.212 or § 6-2.213, respectively.
[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.
(13) 
Commercial businesses that are Tier One or Tier Two Commercial Edible Food generators shall comply with food recovery requirements, pursuant to § 6-2.215.
(b) 
City may choose to comply with § 6-2.213 instead of this § 6-2.212.
[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.
(b) 
City may choose to comply with Section § 6-2.212 instead of this § 6-2.213.
[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).
b. 
A copy of all contracts or written agreements 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:
(1) 
Access to an entity's premises; or
(2) 
Access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in § 6-2.219.
(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.
(c) 
Penalty amounts for violations of Sections 6-2.202 to 6-2.218 are set forth in Section 1-9.03.
(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.