A.
County representatives or designees are authorized to conduct inspections and investigations, at random or otherwise, of any premises, collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, source separated materials, or other items described in subsection C to confirm compliance with Chapters 9.02 through 9.12 by generators, responsible parties of commercial businesses, responsible parties of multifamily premises, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow county representatives to enter the interior of a private residential dwelling unit for inspection, except as otherwise permitted by the county code and applicable law.
B.
An authorized representative or designee of the department is authorized to enter private property at any reasonable time and inspect the same and to perform any duty imposed upon them by Chapters 9.02 through 9.12, provided they shall first present proper credentials to the occupant and request entry explaining the reasons therefor. Notwithstanding the foregoing, if the authorized representative or designee of the department has reasonable cause to believe that there is an accumulation of discarded materials or other unsanitary condition prohibited by Chapters 9.02 through 9.12, on the premises which could be seriously detrimental to the public health or safety, they shall have the right immediately to enter and inspect the property and may use any reasonable means required to effect such entry and make such inspection, whether the property is occupied or unoccupied and whether or not permission to inspect has been obtained. If the property is occupied, they shall first present proper credentials to the occupant and demand entry, explaining the reasons and the purpose of the inspection.
C.
Regulated entities shall provide or arrange for access during all inspections conducted in accordance with this section, and shall cooperate with the county's representative or its designee during such inspections and investigations. 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 Chapters 9.02 through 9.12. Failure of a responsible party to provide or arrange for: (a) access to an entity's premises; and (b) access to records for any inspection or investigation is a violation and may result in penalties described in this chapter.
D.
The county shall receive written complaints from persons regarding an entity that may be potentially noncompliant with the provisions of Chapters 9.02 through 9.12 or applicable law, such as SB 1383, including receipt of anonymous complaints. Such complaint procedures may be established by the department or their designee.
(Ord. CS 1315 §1, 2022)
Any franchise or permit granted by the board or the department pursuant to the provisions of Chapters 9.02 through 9.12 may be suspended or revoked by the board if the board finds and determines that the person doing business by virtue of the franchise or permit has failed to comply with any of the terms of the franchise or permit issued pursuant to Chapters 9.02 through 9.12, or has failed to render satisfactory services authorized by the franchise or permit.
(Ord. CS 1315 §1, 2022)
A.
The department or their designee may suspend, amend or revoke any franchise or permit granted by the department pursuant to Chapters 9.02 through 9.12 if it finds that the franchise or permitted collector has demonstrated an inability to properly perform the franchised or permitted activity, failed to comply with any of the terms or conditions of the franchise or permit, failed to comply with any federal, state, or local laws, ordinances, rules, or regulations pertaining to the franchised or permitted activity, or when the franchised or permitted activity has become a nuisance or is detrimental to the public health, safety, or welfare. A franchise or permit which remains inactive for a period in excess of ninety days may be revoked by the department.
B.
Prior to suspending, amending or revoking a franchise or permit granted by the department pursuant to Chapters 9.02 through 9.12, the department shall provide the franchise or permitted collector with written notice of the proposed action and the reasons for it. The notice shall state that prior to the suspension, amendment, or revocation, the franchise or permitted collector is entitled to a hearing before the board if the franchise or permitted collector requests such a hearing in writing and the request is received by the clerk of the board not more than ten days after notice of the proposed action has been mailed to the franchise or permitted collector.
C.
The
hearing shall be held at least ten days after the date, time, and
place of the hearing has been mailed to the franchise or permitted
collector and published in a newspaper of general circulation within
the county. If the clerk of the board does not receive a request for
a hearing within the time prescribed above, the franchise or permitted
collector is deemed to have waived the right to a hearing and the
department or their designee may immediately suspend, amend or revoke
the franchise or permit on the terms specified in the notice.
(Ord. CS 1315 §1, 2022)
Notwithstanding the provisions of Sections 9.12.030 and 9.12.040, the department may suspend, or temporarily amend a franchise or permit without notice or a hearing whenever an emergency exists which threatens the public health, safety, or welfare. In such cases, the department shall notify the franchise or permitted collector prior to the action. The board shall review the emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the action is terminated, to determine that there is a need to continue the action due to an emergency condition or situation.
(Ord. CS 1315 §1, 2022)
The administration and enforcement of this chapter shall be
the responsibility of the department or their designee.
(Ord. CS 1315 §1, 2022)
All notices required or given pursuant to this chapter shall
be deemed properly served when deposited, postage prepaid, in the
United States mail, addressed to the address provided to the department.
Notice to the county shall be addressed to the county department of
environmental resources.
(Ord. CS 1315 §1, 2022)
Any person aggrieved by any decision or action resulting from the application of Chapters 9.02 through 9.12 may appeal to the board. Such appeals must be in writing and must be received by the clerk of the board not more than fifteen days after such decision or action. Such appeals filed pursuant to this section shall be accompanied with a fee in an amount set by resolution of the board. The hearing on such appeals shall be after notice of the time thereof has been mailed to appellant at least seven days before the hearing. Any appeal not accompanied by the required fee within the fifteen-day period described above shall be deemed untimely. This section does not apply to decisions or actions taken pursuant to Section 9.12.030 or 9.12.040.
(Ord. CS 1315 §1, 2022)
The board may establish, by resolution, regulations for the administration, and implementation of Chapters 9.02 through 9.12 which may include a schedule of charges for services provided by a permit or franchise collector. Such regulations, when adopted, shall become and thereafter be a part of Chapters 9.02 through 9.12. A copy of the regulations established by resolution of the board shall be filed with the clerk of the board and with the department.
(Ord. CS 1315 §1, 2022)
B.
Every violation of any provision of Chapters 9.02 through 9.12 shall be construed as a separate offense and shall be punishable as provided in this chapter. The county or court may also enjoin the violator to clean up any illegally deposited waste. The amounts of penalties assessed shall be determined by the county, in accordance with the following:
1.
For
a first violation, the amount of the base penalty shall be fifty dollars
to one hundred dollars per violation.
2.
For
a second violation, the amount of the base penalty shall be one hundred
dollars to two hundred dollars per violation.
3.
For
a third or subsequent violation, the amount of the base penalty shall
be two hundred fifty dollars to five hundred dollars per violation.
D.
Absent
compliance by the respondent within the deadline set forth by the
county in a notice of violation, the county shall commence an action
to impose penalties in accordance with this section. The county may
extend the compliance deadlines set forth in a notice of violation
issued in accordance with this chapter if it finds that there are
extenuating circumstances beyond the control of the respondent that
make compliance within the deadlines impracticable, as determined
by the department and in accordance with applicable law.
E.
Nothing
in this chapter restricts the county's ability to use other remedies
permitted by law, including, but not limited to: civil action or prosecution
as misdemeanor or infraction; or, revocation, suspension, or denial
of any permit, registration, license, or other authorization related
to permitting a person to conduct activities under this chapter. The
county may pursue civil actions in the California courts to seek recovery
of unpaid administrative citations. The county may choose to delay
court action until such time as a sufficiently large number of violations,
or cumulative size of violations exist such that court action is a
reasonable use of county staff and resources.
(Ord. CS 1315 §1, 2022)
A.
Exceptions and/or exemptions from the regulations noted in Chapters 9.02 through 9.12 may be granted by the department. A request for such exception and/or exemption must be in writing and submitted to the department, in form and content as determined by the department.
In determining whether to grant the waiver or exemption, the
department shall evaluate all relevant factors, which may include,
but are not limited to: type of generator; physical space constraints;
volume of discarded materials generated; collection frequency needs;
occupancy or development of the premises; demonstrated extenuating
circumstances by the applicant; and, other factors related to exemptions
that may be available under applicable law. Persons granted a waiver
by the county shall follow all terms and conditions incorporated as
part of the waiver, or otherwise prescribed by the county, regardless
of whether or not those terms have been specified in this chapter
or county code. The department or its authorized designee reserves
the right to conduct inspections to verify compliance with the conditions
of any waiver both prior to granting of such waiver and at subsequent
times thereafter as determined appropriate by the department.
B.
The
county may grant waivers that impact the service or scope of an authorized
collector's provision of service for generators receiving such waivers.
When the county grants an applicable waiver, or the status of a waiver
changes after a re-verification determination, the county shall notify
the applicable authorized collectors on any necessary changes to collection
service requirements. Upon receipt of such notice, authorized collectors
shall have seven days to modify the affected generators' service level,
account data, and billing statement, as needed. The county or its
designee shall be responsible for initial and on-going verification
of waivers. Upon request of the county, authorized collectors shall
support the county in this re-verification process by providing requested
information necessary to verify the conditions of the waiver.
(Ord. CS 1315 §1, 2022)
Every person giving information leading to the arrest and conviction of a person for a violation of Stanislaus County Code Sections 9.04.020, 9.04.030, 9.04.035, 9.09.070, 9.10.070 or California Vehicle Code Sections 23111, 23112, or 23113(a) or California Penal Code Section 374.3, upon approval by the board, shall be entitled to a reward from the county's general fund, in an amount not exceeding one thousand dollars.
(Ord. CS 1315 §1, 2022)
