The director shall have the authority to enforce and administer the provisions of this chapter, and may establish guidelines and policies for the implementation of this chapter.
(Ord. No. 1190, § 6, 9-27-21)
(a) 
City representatives and other entities designated by the city 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 generators, commercial businesses, property owners, commercial edible food generators, solid waste collectors, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city or its representatives or designees to enter the interior of a private residence for inspection. For the purposes of inspecting commercial business containers, the city may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring.
(b) 
Persons and entities regulated under this chapter shall provide or arrange for access during all Inspections and shall cooperate with the city's employee or its designated entity 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 of this chapter. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of remote monitoring equipment; or (iii) access to records for any inspection or investigation is a violation of this chapter.
(c) 
Any records obtained by the city or its representative or designees during inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
(d) 
City representatives and designees are authorized to conduct any inspections, remote monitoring, 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 state organics laws, including receipt of anonymous complaints. Complaints shall be submitted to the director and shall include the following information:
(1) 
If the complaint is not anonymous, the name and contact information of the complainant.
(2) 
The identity of the alleged violator, if known.
(3) 
A description of the alleged violation including location(s) and all other relevant facts known to the complainant.
(4) 
Any relevant photographic or documentary evidence to support the allegations in the complaint.
(5) 
The identity of any witnesses, if known.
(f) 
The city will commence an investigation within 90 days of receiving a complaint that meets the requirements of subsection (e) if the city determines that the allegations, if true, would constitute a violation of state organics laws. However, the city may decline to investigate a complaint if, in the judgment of the director, investigation is unwarranted because the allegations are contrary to facts known by the director or other city employees. The city will notify complainants of the results of their complaint if the identity and contact information of the complainant are provided to the city.
(Ord. No. 1190, § 6, 9-27-21)
(a) 
Compliance monitoring. City representatives and designees will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring).
(b) 
Violations. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by the city.
(c) 
Method of enforcement.
(1) 
Administrative citation. Violations of this chapter are punishable by administrative citations in the amounts set forth in section 1-7(c) and in accordance with the administrative citation procedure in section 1-12.1 of this code. Administrative citations may be issued by the director. If state organics laws require a citation amount greater than the amount stated in section 1-7(c), then the citation amount required by the state organics laws shall be applied.
(2) 
Abatement of imminent danger. In addition, in the event any violation of this chapter constitutes an imminent danger to public health, safety, or the environment, the director, may enter upon the premises from which the violation emanates, abate the violation and danger created to the public safety or the environment, and restore any premises effected by the alleged violation, without notice to or consent from the owner or occupant of the premises. An imminent danger shall include but is not limited to circumstances created by a disposal of solid or hazardous waste where such disposal creates a significant and immediate threat to the public health or safety, or the environment.
(3) 
Public nuisance. Violations of this chapter may further be deemed to be a public nuisance which may be abated by administrative or civil or criminal action in accordance with the terms and provisions of this code and state law. All costs and fees incurred by the city as a result of any violation of this chapter which constitutes a nuisance, including all administrative fees and expenses and legal fees and expenses, shall become a lien against the subject premises from which the nuisance emanated, and a personal obligation against the owner, in accordance with Government Code sections 38773.1 and 38773.5. The owner of record of the premises subject to any lien shall receive notice of the lien prior to recording, as required by Government Code section 38773.1. The city attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for money judgment, or by delivery to the county assessor of a special assessment against the premises in accordance with the conditions and requirements of Government Code section 38773.5.
(4) 
Misdemeanor. Any violation of this chapter is a misdemeanor and shall be punishable in accordance with section 1-7 of this code. Any person who may otherwise be charged with a misdemeanor as a result of a violation of this chapter, may be charged, at the discretion of the city, with an infraction punishable in accordance with section 1-7 of this code.
(5) 
Revocation of permit. The city may revoke any permit issued under this chapter upon a finding that the permit holder has violated the requirements of the permit. Prior to revoking the permit, the city shall give a written notice of violation to the permit holder, stating the nature of the violation and including a statement that the permit holder may appeal the permit revocation to the city manager within ten days of the notice. A request for appeal shall include any evidence or documentation supporting the appeal, as well as an appeal fee in an amount set by the city council. If no appeal is requested, the revocation shall become final. If an appeal is requested, the city manager or a designated hearing officer shall set a hearing date to consider the revocation, which shall be no more than 30 days after the hearing is requested. The permit holder may attend the hearing and present evidence in favor of the appeal. The city manager's or hearing officer's decision on the appeal shall be final. The permit shall be suspended during the ten-day notice period and, if an appeal is requested, until the final determination on the hearing is made.
(6) 
Separate violations. Each day a violation of this chapter exists without correction shall constitute a new and separate violation.
(d) 
Container contaminants. For incidences of prohibited container contaminants found in containers, the city may issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within seven days after determining that a violation has occurred. If the city or a designee observes prohibited container contaminants in a generator's containers on more than three consecutive occasions, the city may assess contamination processing fees or contamination penalties on the generator in amounts determined by city council resolution, in addition to taking other enforcement actions under this section.
(Ord. No. 1190, § 6, 9-27-21)
To the maximum extent permitted by law, administrative remedies specified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.
(Ord. No. 1190, § 6, 9-27-21)