Note: Prior history: Prior code §§ 21-1—21-3,
21-5, 21-6, 21-8, 21-9 and 21-11—21-13 and Ords. 621 and 661.
For the purposes of this chapter, the words, terms and phrases
as defined in this section shall be construed as set forth herein
unless it is apparent from context that a different meaning is intended:
means the California Integrated Waste Management Act of 1989
(sometimes referred to as "AB 939"), including, but not limited to,
the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343,
Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics
Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants
Bill of 2016 (SB 1383), Public Resources Code Section 40000 and following
as it may be amended, and as implemented by the regulations of CalRecycle.
means the State of California Code of Regulations.
means the operation of gathering together within the city
and transporting to the point of disposal or processing of any garbage,
recyclables, and organic waste.
means a firm, partnership, proprietorship, joint-stock company,
corporation, or association, whether for-profit or nonprofit, strip
mall, industrial facility, or a multi-family residential dwelling,
or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family
residential dwelling that consists of fewer than five units is not
a commercial business for purposes of implementing this chapter.
includes a tier one or a tier two commercial edible food
generator as defined in this section.
means any bin, box, or cart used for the purpose of holding
garbage, recyclables or organic waste for collection.
means food intended for human consumption, or as otherwise
defined in 14 CCR Section 18982(a)(18). "Edible food" is not solid
waste if it is recovered and not discarded. Nothing in this chapter
or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery
of edible food that does not meet the food safety requirements of
the California Retail Food Code.
means actions to collect and distribute food for human consumption
that otherwise would be disposed.
means 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 Section 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.
means all putrescible and nonputrescible solid, semi-solid,
and liquid wastes generated or accumulated through the normal activities
of a premises. Garbage does not include recyclables or organic waste
that is source-separated and set out for the purposes of collection
and recycling.
means of, from, or pertaining to residential premises with
five or more dwelling units. Multi-family premises do not include
hotels, motels, or other transient occupancy facilities, which are
considered commercial businesses.
means solid wastes containing material originated from living
organisms and their metabolic waste products, including, but not limited
to, food waste, green waste, organic textiles and carpets, lumber,
wood, paper products, printing and writing paper, manure, biosolids,
digestate, and sludges or as otherwise defined in the Act. Biosolids
and digestate are as defined by the Act.
means any institution, public or private corporation, governmental
unit or jurisdiction, individual, company, firm, association, partnership
or other entity.
means: (1) discarded materials placed in the designated recyclables
container that are not identified as acceptable source separated recyclables
for the city's designated recyclables collection container; (2) discarded
materials placed in the designated organic waste collection container
that are not identified as acceptable source separated organic waste
for the city's designated organic materials collection container;
(3) discarded materials placed in the garbage container that are acceptable
source separated recyclables and/or source separated organic waste
to be placed in city's designated organic waste collection container
and/or designated recyclables collection container; and (4) exempt
waste placed in any container.
means those materials that are separated from solid waste
prior to disposal to be recycled consistent with the requirements
of the Act. The city may adopt a schedule of materials suitable for
recycling, as determined by resolution of the city council, or as
set forth in a collection agreement, which may be revised periodically.
means any person or persons holding or occupying residential
premises in the city, whether or not the owner of the residential
premises.
means the owner of any residential premises within the city.
means a person who hauls solid waste, organic waste or recyclable
material he or she has generated to another person. Self-hauler also
includes a person who back-hauls waste, or as otherwise defined in
14 CCR Section 18982(a)(66). Back-haul means generating and transporting
organic waste to a destination owned and operated by the generator
using the generator's own employees and equipment, or as otherwise
defined in 14 CCR Section 18982(a)(66)(A).
has the same meaning as defined in State Public Resources
Code Section 40191, which defines solid waste as all putrescible and
nonputrescible solid, semi-solid, and liquid wastes, including garbage,
trash, refuse, paper, rubbish, ashes, industrial wastes, demolition
and construction wastes, abandoned vehicles and parts thereof, discarded
home and industrial appliances, dewatered, treated, or chemically
fixed sewage sludge which is not hazardous waste, manure, vegetable
or animal solid and semi-solid wastes, and other discarded solid and
semi-solid wastes, with the exception that solid waste does not include
hazardous waste, as defined in the State Public Resources Code Section
40141, radioactive waste regulated pursuant to the State Radiation
Control Law, or medical waste regulated pursuant to the State Medical
Waste Management Act.
means materials, including commingled recyclable materials,
that have been separated or kept separate from the solid waste stream,
at the point of generation, for the purpose of additional sorting
or processing those materials for recycling or reuse in order to return
them to the economic mainstream in the form of raw material for new,
reused, or reconstituted products, which meet the quality standards
necessary to be used in the marketplace, or as otherwise defined in
14 CCR Section 17402.5(b)(4). For the purposes of this chapter, source
separated shall include separation of materials by the generator,
property owner, property owner's employee, property manager, or property
manager's employee into different containers for the purpose of collection
such that source separated materials are separated from gray container
waste/mixed waste or other solid waste for the purposes of collection
and processing.
means a commercial edible food generator as defined by 14
CCR Section 18982(a)(73) as amended, and includes the following:
means a commercial edible food generator as defined by 14
CCR Section 18982(a)(74) as amended and includes 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.
(Ord. 004-2017 § 1; Ord. 013-2021 § 3)
A.
At such
time as there is in force an exclusive service agreement entered into
by the city with any person, firm or corporation for the collection
and transport of municipal solid waste, recyclable and organic waste,
it is unlawful for any person other than the persons in the employ
of the contractor having such contract to collect or transport any
solid waste, recyclables and green waste within the city.
B.
As long as there is in force a contract between the city and any person or persons for the collection of solid waste, recyclable and organic waste, it is unlawful for any person other than such contractor or those in the employ of such contractor, except as provided under the self-haul regulations provided herein, and Section 8.12.110, to collect any solid waste, organic waste, or recyclables or to interfere with the collection, removal, or disposal thereof by such contractor.
C.
For
the purposes of this chapter, the term "contractor" or the "city's
contractor" shall be understood as that person, firm or corporation
subject to the exclusive franchise agreement authorized under this
section except where stated otherwise.
(Ord. 004-2017 § 1; Ord. 013-2021 § 3)
A.
Single-family
organic waste generators shall comply with the following requirements:
1.
Subscribe
to and maintain organic waste collection services for all organic
waste. The city shall have the right to review the number and size
of a generator's containers to evaluate adequacy of capacity provided
for each type of collection service for proper separation of materials
and containment of materials. Single-family waste generators shall
adjust service level for its collection services as requested by the
city. Generators may additionally manage their organic waste by preventing
or reducing their organic waste, managing organic waste on site, and/or
using a community composting site pursuant to 14 CCR Section 18984.9(c).
2.
Participate
in the city's organic waste collection service(s) by correctly placing
designated materials in the designated containers as described below.
a.
Source separated recyclables shall only be placed in the container
identified and designated for recyclables.
b.
Source separated organic waste shall only be placed in the container
identified and designated for organic waste.
c.
Garbage shall only be placed in the container identified and designated
for garbage.
d.
Prohibited container contaminants shall not be placed in any container.
B.
Generators
that are commercial businesses, including multi-family residential
dwellings, shall comply with the following requirements:
1.
Subscribe
to and maintain organic waste collection services for all organic
waste. The city shall have the right to review the number and size
of a generator's containers to evaluate adequacy of capacity provided
for each type of collection service for proper separation of materials
and containment of materials. Generators subject to these provisions
shall adjust service level for its collection services as requested
by the city. Generators may additionally manage their organic waste
by preventing or reducing their organic waste, managing organic waste
on site, and/or using a community composting site pursuant to 14 CCR
Section 18984.9(c).
2.
Participate
in the city's organic waste collection service(s) by correctly placing
designated materials in the designated containers as described below.
a.
Source separated recyclables shall only be placed in the container
identified and designated for recyclables.
b.
Source separated organic waste shall only be placed in the container
identified and designated for organic waste.
c.
Garbage shall only be placed in the container identified and designated
for garbage.
d.
Prohibited container contaminants shall not be placed in any container.
3.
Supply
and allow access to adequate number, size and location of collection
containers with labels or colors sufficient for employees, contractors,
tenants, and customers to aid in compliance with the city's collection
service requirements.
4.
Excluding
multi-family residential dwellings, commercial businesses shall provide
containers for the collection of source separated organic waste and
source separated recyclables in all indoor and outdoor areas where
disposal containers are provided for customers, for materials generated
by that business.
5.
Excluding
multi-family residential dwellings, containers provided by commercial
businesses shall comply with 14 CCR Section 18984.9(b), as may be
amended, and shall have either:
a.
A body or lid that conforms with the container colors provided through
the collection service provided by jurisdiction, 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 to 14 CCR Section
18984.8, the container labeling requirements are required on new containers
commencing January 1, 2022.
C.
Generators
that are commercial businesses, excluding multi-family residential
dwellings, shall:
1.
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 per the city's collection service.
2.
Periodically
inspect all containers for contamination and inform employees if containers
are contaminated and of the requirements to keep contaminants out
of those containers pursuant to the Act.
3.
Annually
provide information to employees, contractors, tenants, and customers
about organic waste recovery requirements and about proper sorting
of organic waste and recyclable materials.
D.
Waivers.
1.
In the event a residential householder does not occupy their respective residence full time, they may submit a letter to the city manager or their designee requesting a waiver (waiver of service) to the requirements of subsection (A) above. The city manager will make the final determination regarding whether or not the service shall be required. In making the final determination the city manager shall grant the exemption under the following conditions and as evidenced by documentation acceptable to the city manager:
a.
If the property is vacant for at least six months in a calendar year.
b.
If the property is not being used.
c.
If the property has transferred ownership.
|
Residential householders must notify the city manager within
30 days in the event the conditions giving rise to a waste and recycling
collection and disposal exemption change. Exemptions may be reviewed
by the city manager on a biannual basis.
|
2.
The
city, in its sole discretion, may issue waivers to commercial generators
or residential owners for physical space limitations, and/or de minimis
volume waivers for commercial generators.
3.
Commercial
businesses or single-family generators requesting a physical space
waiver shall:
a.
Submit an application form specifying the type(s) of collection services
for which they are requesting a compliance waiver.
b.
Provide documentation that the premises lacks adequate space for
the required containers including documentation from the contractor,
licensed architect, or licensed engineer.
c.
Provide written verification to the city that it is still eligible
for physical space waiver every five years, if the city has approved
application for a physical space waiver.
4.
Commercial
businesses requesting a de minimis waiver shall:
a.
Submit an application specifying the services that they are requesting
a waiver from.
b.
Provide documentation that either:
i.
The commercial business' total solid waste collection service is
two cubic yards or more per week and organic waste subject to collection
in the designated containers comprises less than 20 gallons per week
per applicable container of the business' total waste; or
ii.
The commercial business' total solid waste collection service is
less than two cubic yards per week and organic waste subject to collection
in the designated containers comprises less than 10 gallons per week
per applicable container of the business' total waste.
iii.
For the purposes of subsections (i) and (ii) above, total waste shall
be the sum of weekly garbage collection container volume, recyclables
collection container volume and organic waste collection container
volume, measured in cubic yards.
c.
Notify the city if circumstances change such that commercial business's
organic waste exceeds threshold required for waiver, in which case
waiver will be rescinded
d.
Provide written verification of eligibility for de minimis waiver
every five years, if jurisdiction has approved de minimis waiver.
E.
Self-Haul
Regulations.
1.
In
addition to the regulations prescribed herein, self-haulers are required
to adhere to all regulations in this chapter, including, but not limited
to, the collection service subscription requirements in this section.
2.
Self-haulers
shall source separate all recyclable materials and organic waste generated
on-site from solid waste in a manner consistent with 14 CCR Sections
18984.1 and 18984.2, or shall haul organic waste to a high diversion
organic waste processing facility as specified in 14 CCR Section 18984.3,
as may be amended.
3.
Self-haulers
shall haul their source separated recyclables to a facility that recovers
those materials; and haul their source separated organic waste to
a solid waste 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.
4.
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 by request. The records shall include the
following information:
a.
Delivery receipts and weight tickets from the entity accepting the
waste.
b.
The amount of material in cubic yards or tons transported by the
generator to each entity.
c.
If the material is transported to an entity that does not have scales
on site, or employs scales incapable of weighing the self-hauler's
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
material but shall keep a record of the entities that received the
organic waste.
5.
Commercial
self-haulers may be required to complete and retain on site a form
certifying that all self-hauling operations and activities were completed
in compliance with this section and all applicable laws and regulations.
This form shall be subject to city inspection, or the inspection of
the city manager's designee upon request.
6.
Records
required by this section shall be retained for a minimum of 24 months.
(Ord. 004-2017 § 1; Ord. 013-2021 § 3)
A.
No container
receiving solid waste, including garbage, organic waste, or recyclables
shall be stored on or in any street, alley, sidewalk, footpath, or
any public place. It is unlawful to keep, place or deposit solid waste,
including garbage, organic waste, or recyclables on any private grounds
or premises except in the containers as designated herein. It is unlawful
for any person to throw or deposit any solid waste, including garbage,
organic waste, or recyclables or cause the same to be thrown or deposited
upon any street, alley, gutter, park or other public place within
the city, or to throw or deposit the same upon any vacant lot, backyard,
or to store or keep the same otherwise than in the designated containers
as required. It is unlawful to have, store, deposit or keep solid
waste, including garbage, organic waste, or recyclables where rats
or other rodents can have access thereto or feed thereon. Each day's
violation of this section shall be treated and considered and the
same shall be a separate and distinct offense.
B.
All
containers shall be covered, and it shall be the responsibility of
the city's contractor to place the cover or covers back on the can
or receptacle after emptying the same.
C.
No person
shall dump, deposit or dispose of or cause or permit to dump, deposit
or dispose of solid waste, including garbage, organic waste, or recyclables
on premises in the city, other than where produced, except upon the
city's designated disposal area.
(Ord. 004-2017 § 1; Ord. 013-2021 § 3)
It is unlawful for the owner, tenant, lessee or occupant of
any property within the city to maintain thereon, any deposit, collection
or accumulation of any solid waste, including garbage, organic waste,
and recyclables offensive, injurious or dangerous to health.
(Ord. 004-2017 § 1; Ord. 013-2021 § 3)
A.
Tier
one commercial edible food generators must comply with the requirements
of this chapter 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 chapter, commencing January 1, 2024.
C.
Commercial
edible food generators shall comply with the following requirements:
1.
Arrange
to recover the maximum amount of edible food that would otherwise
be disposed.
2.
Contract
with, or enter into a written agreement with food recovery organizations
or food recovery services for: (a) the collection of edible food for
food recovery; or (b) acceptance of the edible food that the commercial
edible food generator self-hauls to the food recovery organization
for food recovery.
3.
Shall
not intentionally spoil edible food that is capable of being recovered
by a food recovery organization or a food recovery service.
4.
Allow
the city representative or its designated enforcement entity to access
the premises and review records to ensure compliance with this section
as permitted by 14 CCR Section 18991.4.
5.
Keep
records that include the following information, or as otherwise specified
in 14 CCR Section 18991.4, and as may be amended:
a.
A list of each food recovery service or organization that collects
or receives its edible food pursuant to a contract or written agreement
established under 14 CCR Section 18991.3(b).
c.
A record of the following information for each of those food recovery
services or food recovery organizations:
i.
The name, address and contact information of the food recovery service
or food recovery organization.
ii.
The types of food that will be collected by the food recovery service
or food recovery organization.
iii.
The established frequency that food will be collected.
iv.
The quantity of food, measured in pounds recovered per month, collected
by a food recovery service or food recovery organization for food
recovery.
D.
Commercial edible food generators shall submit an annual report that includes the information required by subsection (C) above to the director of public works on February 15 of each year, commencing February 15, 2022 for tier one commercial edible food generators and commencing February 15, 2025 for the tier two commercial edible food generators. The director of public works is authorized to increase the reporting frequency to require semi-annual or quarterly reporting for some or all of the information listed above.
E.
F.
Nothing
in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes
the recovery of edible food that does not meet the food safety requirements
of the California Retail Food Code.
G.
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 of 2017.
(Ord. 004-2017 § 1; Ord. 013-2021 § 3)
A.
The city may provide or arrange to be provided residential and commercial organic waste and recyclables collection services to generators within the city's boundaries through the use of exclusive or nonexclusive haulers, subject to the terms of Section 8.12.020, and the requirements of this section.
B.
Haulers
shall meet the following requirements and standards as a condition
of approval of a contract, agreement, or other authorization with
the city to collect organic waste:
1.
Through
written notice to the city at a time of the city's choosing, identify
the facilities to which they will transport organic waste and recyclables
including facilities for source separate organic waste and source
separated recyclables. Facilities shall comply with the requirements
of the California Integrated Waste Management Act of 1989 and all
other applicable laws and regulations. Haulers shall not transport
organic waste or recyclables to a landfill without written approval
by the director of public works.
2.
Transport
source separated recyclable and organic waste to a facility, operation,
activity, or property that recovers organic waste as defined in 14
CCR, Division 7, Chapter 12, Article 2.
3.
Obtain
approval from the city to haul organic waste, unless it is transporting
source separated organic waste to a community composting site or lawfully
transporting it in a manner that complies with 14 CCR Section 18989.1,
this chapter, or requirements of a franchise agreement, other agreement,
or city authorization.
4.
Comply
with education, equipment, signage, container labeling, container
color, contamination monitoring, reporting, and other requirements
contained within the franchise agreement or other agreement with the
city.
C.
Within
60 days of the city's written request, owners of facilities, operations,
and activities that recover organic waste shall provide information
regarding available and potential new or expanded capacity at their
facilities, operations, and activities, including information about
capacity necessary for planning purposes.
(Ord. 004-2017 § 1; Ord. 013-2021 § 3)
A.
The
maximum allowable fees for garbage, organic waste and recyclable collection
services shall be established by resolution of the city council, and
may be amended from time to time, as deemed appropriate by the city
council. The contractor subject to this chapter may charge fees up
to the maximum allowed by the city council.
B.
The
contractor subject to this chapter shall be responsible for collection
of these fees.
(Ord. 004-2017 § 1; Ord. 013-2021 § 3)
The fees and charges specified in this chapter shall, in all
cases, be payable and due on either the date prescribed by resolution
of the city council or the date prescribed by the contractor subject
to this chapter and approved by the city.
(Ord. 004-2017 § 1; Ord. 013-2021 § 3)
Failure or refusal to pay fees assessed pursuant to this chapter
may result in the non-collection of solid waste, including garbage,
organic waste, and recyclables, which condition the city may declare
to be a public nuisance if permitted to exist. In the event that there
is non-payment, the city manager may direct the contractor to make
collection, and the expenses and charges of such collection may be
assessed against the property as provided by law. In the event of
non-payment, the contractor shall continue to collect solid waste,
including garbage, organic waste, and recyclables when directed to
do so by the city manager.
(Ord. 004-2017 § 1; Ord. 013-2021 § 3)
A.
The
service charges imposed pursuant to these regulations constitute a
lien upon the parcel of real property to which such service was rendered.
B.
Lien
Recorded—Procedure.
1.
The
city manager or designee shall transmit to city council, a report
of delinquent charges.
2.
Notwithstanding
any provision in this code to the contrary, any waste or recyclable
service charges which have become delinquent, shall cause the owner
of such property to be subject to a lien on the property pursuant
to the procedure provided in this section. Any such lien shall be
recorded with the county recorder.
3.
Prior
to the recordation of a lien for delinquent charges, the city manager
or designee shall cause the notice of a hearing on the delinquent
charges to be mailed to the owner. The notice shall contain the date,
time and location of the hearing and shall be mailed at least 10 calendar
days before the date of the hearing. The hearing shall be held before
the city council. The decision of the city council shall be final
and conclusive.
4.
Upon
a decision adverse to the owner after hearing, the city council shall
cause such lien to be recorded with the county recorder in the form
and manner prescribed by law. Thereafter, such lien shall not be released
by the city manager or designee unless and until it is fully and completely
paid or an acceptable arrangement with the city has been agreed to
by the city.
5.
The
city manager or designee is authorized to determine the administrative
cost of the delinquency, including costs associated with processing
the delinquent account, which will be subject to an individual lien
pursuant to the recording procedures of this section. Delinquent charges
will be collected as a special assessment. The city manager or designee
finance director may, as needed, initiate proceedings to make delinquent
garbage/solid waste charges a special assessment against the parcels
of property to which such service was rendered.
6.
Hearing.
At the time fixed for consideration of the report, the city council
shall hear it along with any objections of the property owners liable
to be assessed for delinquent accounts. The council may make such
revisions, corrections, or modifications to the report as it may deem
just; and in the event the council is satisfied with the correctness
of the report (as submitted or as revised, corrected or modified),
it shall be confirmed or rejected by resolution. The decision of the
city council on the report and on all protests or objections thereto
shall be final and conclusive.
7.
Method
of Collection—Applicability of Other Liens, Laws, Etc.
a.
Upon confirmation of the report by the council, the delinquent charges
contained therein shall constitute a special assessment against the
property at which the services were rendered. Thereafter, such assessment
may be collected at the same time and in the same manner as ordinary
property taxes are collected and shall be subject to the same penalties
and same procedure of sale as provided for delinquent ordinary property
taxes.
b.
The assessments shall be subordinate to all existing special assessment
liens previously imposed upon the property, and paramount to all other
liens except those for state, county and municipal taxes with which
it shall be upon parity. The lien shall continue until the assessment
and all interest and penalties due and payable thereon are paid. All
laws applicable to the levy, collection and enforcement of property
taxes shall be applicable to the special assessments.
c.
Report Transmitted to Auditor. A certified copy of the confirmed
report shall be filed annually with the county auditor on or before
August 1. The descriptions of the parcels subject to the special assessment
shall be those used for the same parcels on the county assessor's
map books for the current year.
C.
The
contractor shall give written notice to the city of the name and address
of any person or owner he or she discovers who fails to subscribe
for such collection disposal service and the address of the premises
for which such collection and disposal service has not been subscribed,
unless he or she has been notified by the owner or other person in
lawful possession that the property is vacant, or temporarily not
occupied, and when he or she has determined that such condition actually
exists on the premises.
(Ord. 004-2017 § 1; Ord. 013-2021 § 3)
A.
The
city manager, director of public works and their designee(s) 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,
haulers, and food recovery organizations, subject to applicable laws.
1.
Such
inspections and investigations may include confirmation of proper
placement of materials in containers, inspection of edible food recovery
activities, review of required records, or other verification or inspection
to confirm compliance with any other requirement of this chapter.
Failure to provide or arrange for: (a) access to the premises; (b)
installation and operation of remote monitoring equipment, if a remote
monitoring program is adopted; or (c) access to records for any inspection
or investigation is a violation of this chapter and may result in
penalties.
2.
Any
records obtained by the city manager, public works director, or designee,
during inspections, investigations, remote monitoring and other reviews
shall be subject to the requirements and applicable disclosure exemptions
of the California Public Records Act as set forth in Government Code
Section 6250 et seq.
B.
The
city manager, director of public works and their designee(s) shall
enforce the provisions of this chapter relating to the performance
of the contracted hauler's obligations under the franchise agreement.
C.
The
city manager, director of public works and their designee shall enforce
the provisions of this chapter relating to the collection and processing
or disposal as it related to public health, safety, and welfare.
(Ord. 013-2021 § 3)
A.
In addition to those penalties and procedures provided for in this chapter, violations of any provision of this chapter may be enforced as set forth in Section 1.12.010 of this code.
B.
In addition to those penalties and procedures provided for in this chapter, a violation of any provision of this chapter may be enforced by the issuance of an administrative citation as set forth in Chapter 1.16 of this code, and persons receiving an administrative citation shall be afforded the same due process prescribed by Chapter 1.16.
(Ord. 013-2021 § 3)
