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 waste generators, or source separated materials to confirm compliance with this chapter by waste 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 city to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial businesses' or multifamily premises' containers for compliance with this chapter, city may conduct container inspections for prohibited container contaminants using remote monitoring, if implemented, and responsible parties of multifamily premises and commercial businesses and generators at such premises shall accommodate and cooperate with the remote monitoring pursuant to this chapter.
B. 
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 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 this chapter. Failure of a responsible party to provide or arrange for: (1) access to an entity's premises; (2) installation and operation of remote monitoring equipment; or (3) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in Section 8.28.210.
C. 
Any records obtained by a city during its 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, its designated entity, and/or designee 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 noncompliant with SB 1383 regulations, including receipt of anonymous complaints.
(Ord. 1183-21 § 2)
Pursuant to California Penal Code Section 836.5, the chief of police, all Lawndale police officers, the director of community development and the city code enforcement officer, and their designees, are hereby authorized to enforce the provisions of this Chapter 8.28; California Penal Code Sections 374, 374a, 374.2, 374.3, 374.4, 374d, 374.7, and 375; and California Vehicle Code Sections 23111 and 23112.
(Ord. 840-97 § 1; Ord. 1183-21 § 2)
A. 
Process for Enforcement of Sections 8.28.020, 8.28.024, 8.28.025, 8.28.081, 8.28.082, 8.28.161, 8.28.162.
1. 
City manager or any agent or person designated by the city manager, will monitor compliance with the chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring). Section 8.28.189 establishes city's right to conduct inspections and investigations.
2. 
City may issue an official notification to notify regulated entities of its obligations under the chapter.
3. 
For incidences of prohibited container contaminants found in containers, city or its designee will issue a notice of contamination to any waste generator or responsible party 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. If the city or its designee observes prohibited container contaminants in a responsible party's containers on more than three consecutive occasion(s), the city may assess contamination processing fees or contamination penalties on the waste generator.
4. 
With the exception of violations of contamination of container contents addressed in subsection (A)(3) above, city shall issue a notice of violation (NOV) requiring compliance within a maximum of sixty days of issuance of the notice.
5. 
Absent compliance by the respondent within the deadline set forth in the notice of violation, city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Chapter 1.08 of this code and the requirements contained in Section 8.28.205, Table 1, List of Violations. Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the multifamily premises or commercial premises or to the responsible party for the collection services, depending upon available information.
(Ord. 1183-21 § 2)
Except as otherwise provided in this Chapter 8.28, violations of this chapter are punishable as set forth in Chapter 1.08 of this code. In addition, in the event any violation of this chapter constitutes an imminent danger to public health, safety or the environment, the city manager or any agent or person designated by the city manager, 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 affected 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.
Violations of this chapter are deemed to be public nuisances 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. The city may utilize any and all other remedies as otherwise provided by law to enforce the provisions of this chapter.
(Ord. 840-97 § 1; Ord. 853-98 §§ 5, 6; Ord. 935-04 § 3; Ord. 1020-09 § 6; Ord. 1183-21 § 2)
A violation of this chapter is punishable as an infraction pursuant to Section 1.08.030 of this code, punishable as a misdemeanor pursuant to Section 1.08.020 of this code, or punishable with an administrative citation pursuant to Chapter 1.11 of this code. Each day a violation of Chapter 8.28 exists, without correction, shall constitute a new and separate violation punishable as a separate infraction, misdemeanor and/or civil violation, as the case may be.
A. 
Penalty Amounts for Select Administrative Citations. The penalty levels for violations of Sections 8.28.020, 8.28.024, 8.28.025, 8.28.081, 8.28.082, 8.28.161, and/or 8.28.162 are as follows:
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.
B. 
Factors Considered in Determining Penalty Amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range pursuant to subsection A of this section.
1. 
The nature, circumstances, and severity of the violation(s).
2. 
The violator's ability to pay.
3. 
The willfulness of the violator's misconduct.
4. 
Whether the violator took measures to avoid or mitigate violations of this chapter.
5. 
Evidence of any economic benefit resulting from the violation(s).
6. 
The deterrent effect of the penalty on the violator.
7. 
Whether the violation(s) were due to conditions outside the control of the violator.
C. 
Compliance Deadline Extension Considerations. City may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. 
Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2. 
Delays in obtaining discretionary permits or other government agency approvals; or
3. 
Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CALRecycle pursuant to 14 CCR due to those deficiencies.
D. 
Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may seek a review of the decision by following the process prescribed in Section 1.11.060 of this code.
E. 
Education Period for Noncompliance with Sections 8.28.020, 8.28.024, 8.28.025, 8.28.081, 8.28.082, 8.28.161, and/or 8.28.162. Beginning January 1, 2022 and through December 31, 2023, city will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance with Sections 8.28.020, 8.28.024, 8.28.025, 8.28.081, 8.28.082, 8.28.161, and/or 8.28.162 of this chapter, and if city determines that waste generator, responsible party, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024. City may also conduct remote monitoring, if implemented, to determine compliance with this chapter.
F. 
Civil Penalties for Noncompliance with Sections 8.28.020, 8.28.024, 8.28.025, 8.28.081, 8.28.082, 8.28.161, and/or 8.28.162. Beginning January 1, 2024, if the city determines that a waste generator, responsible party, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with Sections 8.28.020, 8.28.024, 8.28.025, 8.28.081, 8.28.082, 8.28.161, and/or 8.28.162 of this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this chapter, as needed.
G. 
Enforcement Table.
Table 1.
List of Violations
Requirement
Description of Violation
Commercial business multifamily premises responsibility requirement
Responsible party for a commercial business or multifamily premises fails to provide or arrange for organic waste collection services consistent with city requirements and as outlined in this chapter, for employees, contractors, tenants, and customers, including supplying and allowing access to adequate numbers, size, and location of containers and sufficient signage and container color.
Organic waste generator or responsible party requirement
Organic waste generator or responsible party fails to comply with requirements pursuant to this chapter.
Hauler requirement
A hauler providing single-family, multifamily or commercial collection service fails to transport discarded materials to a facility, operation, activity, or property that recovers organic waste, as prescribed by this chapter.
Hauler requirement
A hauler providing single-family, multifamily or commercial recyclable materials, organic materials, or solid waste collection service fails to obtain applicable approval issued by the city to haul recyclable materials, organic materials, or solid waste as prescribed by this chapter.
Hauler requirement
A hauler fails to keep a record of the applicable documentation of its approval by the city, as prescribed by this chapter.
Self-hauler requirement
A waste generator or responsible party who is a self-hauler fails to comply with the requirements of this chapter.
Commercial edible food generator requirement
Tier one commercial edible food generator fails to arrange to recover the maximum amount of its edible food that would otherwise be disposed by establishing a contract or written agreement with a food recovery organization or food recovery service and/or fails to comply with other requirement of this chapter commencing Jan. 1, 2022.
Commercial edible food generator requirement
Tier two commercial edible food generator fails to arrange to recover the maximum amount of its edible food that would otherwise be disposed by establishing a contract or written agreement with a food recovery organization or food recovery service and/or fails to comply with other requirements of this chapter commencing Jan. 1, 2024.
Commercial edible food generator requirement
Tier one or tier two commercial edible food generator intentionally spoils edible food that is capable of being recovered by a food recovery organization or food recovery service.
Commercial business responsible party, multifamily premises responsible party, commercial edible food generator, food recovery organization or food recovery service
Failure to provide or arrange for access to an entity's premises for any inspection or investigation.
Recordkeeping requirements for commercial edible food generator
Tier one or tier two commercial edible food generator fails to keep records, as prescribed by Section 8.28.081 of this chapter.
Recordkeeping requirements for food recovery services and food recovery organizations
A food recovery organization or food recovery service that has established a contract or written agreement to collect or receive edible food directly from a commercial edible food generator pursuant to 14 CCR fails to keep records, as prescribed by Section 8.28.081 of this chapter.
(Ord. 1183-21 § 2)
A violation of this chapter is punishable as an infraction pursuant to Section 1.08.030 of this code, punishable as a misdemeanor pursuant to Section 1.08.020 of this code, or punishable with an administrative citation pursuant to Chapter 1.11 of this code. Each day a violation of this Chapter 8.28 exists, without correction, shall constitute a new and separate violation punishable as a separate infraction, misdemeanor and/or civil violation, as the case may be.
(Ord. 840-97 § 1; Ord. 853-98 §§ 5, 6; Ord. 935-04 § 3; Ord. 1020-09 § 6; Ord. 1183-21 § 2)
The city's director of public works may offer an award for information leading to the apprehension and/or conviction of any person(s) for the violation of Section 8.28.090 or 8.28.140. Such monetary reward must be authorized and offered by resolution of the city council and shall specify (if available) the location, date, and details of the violation as well as the amount of the monetary reward being offered. Any monetary award shall be paid not later than thirty calendar days from and after the filing of a criminal complaint against the person(s) accused of violating Section 8.28.090 or 8.28.140. Except as otherwise set forth in this section, the reward process for information on violations of Section 8.28.090 or 8.28.140 shall comply with Chapter 1.10 of this code.
(Ord. 935-04 § 4; Ord. 1183-21 § 2)
The city manager or designee shall have the authority to enforce the provisions of this Chapter 8.28. This authority shall be in addition to the authority granted to the chief of police, community development director and code enforcement officer pursuant to this code.
(Ord. 840-97 § 1; Ord. 1183-21 § 2)
Nothing in this Chapter 8.28 shall be deemed to limit the right of an authorized solid waste collector or any other person to bring a civil action as may be provided by state or federal law against any person who violates this chapter, or Section 41950 of the California Public Resources Code, nor shall a criminal conviction for any violation of this Chapter 8.28 exempt any person from a civil action brought by an authorized solid waste collector or any other person.
(Ord. 840-97 § 1; Ord. 1183-21 § 2)