A.
The
Director is authorized to inspect waste material collection areas
and activities on any property in unincorporated Sacramento County
for compliance with this chapter.
B.
When
a violation occurs for non-compliance with recycling mandates as described
in Article 4 of this chapter, the Director may provide written notification
of such failure to comply, in any form or format described in this
article, to the person violating this chapter and schedule a re-inspection.
C.
When
a violation continues to exist following the first inspection and
beyond the timeframe provided in the notice allowing a reasonable
opportunity to, which timeframe shall be no less than 30 days and
no more than 60 days, there shall be, upon re-inspection, a re-inspection
fee levied against the responsible person. When a violation continues
subsequently to exist, additional re-inspections shall be conducted
and applicable re-inspection fees shall be applied. The re-inspection
fees shall be adopted by the Board by resolution.
(SCC 1672 § 7, 2021; SCC
1720 § 1, 2023)
A.
The
Director may post notices on automatic lift containers, bins, roll
off bins, and any other containers that are used for waste material
collection within the unincorporated areas of the County if the owner
of the container is in violation of this chapter, including, but not
limited to, any regulation, franchise requirement, permit, information
request, order, variance, or other requirement that the Director is
authorized to enforce or implement pursuant to this chapter.
B.
A notice
shall remain on containers that are used for waste material collection
within the unincorporated areas of the County so long as the owner
of the containers is in violation of this chapter.
The notice shall be posted on the container so as to be clearly
visible to the general public and include all of the following:
1.
The
date that the notice was placed on the container.
2.
The
address or location of the property where the container is being used,
including the identification of any dwelling unit, room number, apartment
number, business, or non-residential property.
3.
The
name and contact telephone number of the Department posting the notice
on the container.
4.
The
Sacramento County Code Section that has been violated.
5.
A
statement that it is unlawful for any person to engage in the business
of collecting, transporting or disposing of commercial solid waste
kept, accumulated or generated in the unincorporated County, or to
engage in the business of soliciting accounts or invoicing customers
for commercial solid waste service in the unincorporated County unless
a franchise has first been granted pursuant to the provisions of this
chapter and such a franchise is in full force and effect.
6.
A statement that any person violating the posted notice is subject to criminal penalties pursuant to Section 6.20.790 and administrative penalties in an amount of up to $1,000 for each day of each violation.
7.
A
statement that a person disturbing or destroying the posted notice
is subject to administrative civil penalties in an amount of up to
$1,000 in addition to any other remedies provided by this chapter.
(SCC 1672 § 7, 2021; SCC
1720 § 1, 2023)
A.
Any person who violates Section 6.20.130 of this chapter shall be guilty of a misdemeanor, punishable by imprisonment in the County Jail for not more than six months and by a fine of not less than $1,000; provided, however, the County shall have the discretion to reduce the misdemeanor to an infraction.
B.
Any person who places, deposits, dumps, or accumulates, or causes to be placed, deposited, dumped, or accumulated any waste material on or in any public or private street, public right-of-way, easement, gutter, or sidewalk, or any public or private property, including public parks, within the unincorporated area of the County, without the consent of the owner thereof and except in conformance with this chapter or rules and regulations promulgated pursuant to Section 6.20.035, in commercial quantities shall be guilty of a misdemeanor punishable by imprisonment in the County Jail for not more than six months and by a fine as set forth in Penal Code Section 374.3. "Commercial quantities" means an amount of waste matter generated in the course of a trade, business, profession, or occupation, or an amount equal to or in excess of one cubic yard. This subsection does not apply to the placing or temporary accumulation of household waste at the person's residence that generated the waste. This subsection does not apply to the placing or temporary accumulation of rubbish, not containing garbage, at the person's business or commercial property that generated the waste. For purposes of this subsection, "temporary" means a period up to seven days from the commencement of placing or accumulation.
C.
Citation. In addition to any other remedies provided by this chapter or State law, a violation of Section 6.20.130 is subject to the immediate imposition of an administrative penalty because such violation poses an immediate danger to health and safety. The provisions of this section may be enforced by DWMR or its designee.
1.
Notice. Where the County has determined that any person has violated Section 6.20.130, the County may commence administrative citation proceedings. Notice of such proceeding shall contain:
a.
The date, approximate time, and location of the violation(s);
b.
The conditions constituting the violation(s) and the code section(s)
violated;
c.
The name and address of the responsible person in violation;
d.
The amount of the administrative penalty;
e.
An advisement of administrative review rights pursuant to this section
and the address at which a written request for administrative review
must be delivered;
f.
A statement that if the responsible person fails to request an appeal
of the imposition of the administrative penalty, the citation imposing
the penalty shall be final;
g.
A statement advising the responsible person that the County will
seek recovery of administrative costs and attorneys' fees as authorized
by the Government Code and this chapter; and
h.
The name, signature, and contact information of the person issuing
the citation.
2.
Service.
The citation, and any amended or supplemental citation, shall be served
by personal delivery or certified mail, postage prepaid and return
receipt requested, to all responsible persons subject to a penalty
under this section. Citations delivered by mail shall be addressed
as follows: if to a property owner, to the address shown on the last
equalized assessment roll or any other address or addresses ascertained
to be more accurate; if to any other responsible person, to the address
provided in government identification records, or to any other address
ascertained to be more accurate. Proof of service of the citation
shall be retained by agency issuing the citation until the case is
closed.
D.
Failure
to Seek Administrative Review. Failure of any cited person to file
for administrative review pursuant to this section is a waiver of
that person's right herein. The cited penalty shall be imposed and
fully due upon 10 business days from citation service, unless administrative
review is requested or the citation is rescinded by the County.
E.
Administrative
Review Hearing. Any person cited may contest imposition of the administrative
penalty by submitting a written request for an administrative review
hearing to the department head as identified in the citation.
1.
Time
to Contest Citation. A request for administrative review hearing must
be received within 10 business days from the date the citation was
personally served or mailed.
2.
Hearing
Officer. Upon receipt of a timely and properly filed request for administrative
review hearing, a public hearing shall be scheduled before a Hearing
Officer.
3.
Notice
of Public Hearing. Notice of the time, date, and location for the
administrative review hearing shall be served in the same manner as
a citation pursuant to this section. Such notice shall be served no
later than 15 calendar days prior to the hearing.
4.
Hearing
Procedure. At the time set for hearing, the Hearing Officer shall
proceed to hear the testimony and receive evidence of all parties.
Formal rules of evidence shall not apply at the hearing. The proceedings
may be recorded by audio recording device. Any party may provide a
certified shorthand reporter to maintain a record of the proceedings
at the party's own expense. A party may be self-represented, or represented
by anyone of their choice.
a.
The Hearing Officer shall administer an oath or affirmation.
b.
The Hearing Officer may issue subpoenas to compel the attendance
of witnesses.
c.
The Hearing Officer may take official notice of any matter which
would be subject to judicial notice by the courts of this State, or
of any matter which may appear in the official records of this County
or its departments.
d.
The Hearing Officer may inspect the property or item(s) involved
in the hearing provided that notice of inspection is given prior to
inspection, parties are given an opportunity to be present, a statement
of material facts observed and conclusions drawn is included in the
record, and any party may include in the record a statement rebutting
or explaining the Hearing Officer's facts or conclusions.
5.
Continuance.
The Hearing Officer may grant continuances from time to time upon
request and for good cause, or upon his or her own motion. Notice
of continuance shall be mailed to all persons cited.
6.
Decision.
The decision of the Hearing Officer shall be in writing and issued
within 10 calendar days following conclusion of the hearing. The decision
shall contain findings of fact and a determination to uphold or rescind
the issued citation and shall advise that the time for judicial review
of the decision is governed by the Government Code Section 53069.4.
The decision shall be served upon the cited person by the department
head in the same manner as a citation pursuant to this section.
7.
Finality.
The decision of the Hearing Officer shall be final upon service.
F.
Judicial
Review. The manner of contesting the decision of the Hearing Officer
is governed by Government Code Section 53069.4. Service of a notice
of appeal authorized by Government Code Section 53069.4 shall be served
upon the clerk.
G.
Collection.
Payment of a penalty is due in full the later of: (1) the day after
the time to contest the citation expires, if no administrative review
request is filed; or (2) 10 calendar days after service of a Hearing
Officer decision upholding the citation. The County may pursue all
reasonable and legal means in collecting sums due.
H.
The
administrative penalties for citations issued pursuant to this section
shall be as follows:
(SCC 1672 § 7, 2021; SCC
1720 § 1, 2023)
The Director may issue a Notice of Violation to any person found to be in violation of a provision of this chapter, including, but not limited to, any rule or regulation promulgated pursuant to Section 6.20.035, requirements of any franchise agreement issued pursuant to Article 3, or any permit, information request, order, variance, or other requirement that the Director is authorized to enforce or implement pursuant to this chapter. Issuance of a Notice of Violation may also result in issuance of a Notice of Administrative Enforcement Order pursuant to Section 6.20.740.
(SCC 517 § 2, 1982; SCC
1044 § 2, 1996; SCC 1654 § 9,
2019; SCC 1672 § 7, 2021; SCC 1720 § 1, 2023)
A.
In addition
to any other content, a Notice of Violation shall contain the following
elements:
1.
A
statement of the Director's findings that indicates a violation has
occurred.
2.
A
citation of the provision of this chapter including any regulation,
franchise requirement, permit, information request, order, variance,
or other requirement that has been violated.
3.
A
date by which the responsible person must be in compliance with this
chapter, including any regulation, franchise requirement, permit,
information request, order, variance, or other requirement, or a date
by which an action plan must be submitted by the responsible person
to propose a means and time frame by which to correct violations.
The Director may extend the compliance date upon request and when
good cause exists for such an extension.
4.
Notification
that continued non-compliance may result in additional enforcement
action being taken against any responsible persons.
5.
Notification
that the County may recover any costs incurred by the County as a
result of the violations.
6.
Notification
that a violation of this chapter may result in administrative and/or
criminal penalties.
7.
Notification
that the correction of any alleged violation(s) within the specified
deadline date(s) will not necessarily prevent the Director from issuing
an Administrative Enforcement Order, imposing administrative penalties
relating to the violation(s), and/or referral for civil or criminal
legal actions or proceedings.
8.
Notification
of the penalties for non-compliance.
B.
In addition
to any other content, a Notice of Violation may establish required
corrective actions, including the following:
1.
Terms,
conditions, and requirements reasonably related to the provisions
of this chapter, including the following:
2.
A
requirement that the responsible person shall submit written certification
to the Director that the necessary corrective actions have been completed.
As appropriate for the type of correction action taken, the Notice
of Violation may require documentation that substantiates the certification,
including, but not limited to, receipts, contracts, or photographs.
3.
Any
other terms or conditions reasonably calculated to prevent additional
or ongoing violations of this chapter.
C.
An Administrative
Enforcement Order may be issued separately, after issuance of a Notice
of Violation, or in combination with a Notice of Violation, for the
same violations or set of related violations.
(SCC 1672 § 7, 2021; SCC
1720 § 1, 2023)
A.
The
Director may issue a cease and desist order requiring the owner or
operator of any residence, multifamily residential facility, business
or any other occupied structure, or any other person responsible for
any violation of this chapter, to take any of the following actions:
1.
Immediately
discontinue the placement of recyclable material and/or organic material
in solid waste containers;
2.
Immediately
discontinue any ongoing violation of this chapter, as described in
the order;
3.
Remediate
the violation described in the order by subscribing to source-separated
recyclable material and/or organic material collection or otherwise
taking the corrective action noted in the order, to the satisfaction
of the Director.
B.
The
Director may issue an Administrative Enforcement Order if it is determined
that an owner or operator has not complied with any or all provision(s)
of any cease and desist order.
(SCC 1672 § 7, 2021; SCC
1720 § 1, 2023)
In addition to any other remedies provided by this chapter or
State law, when any person has engaged in, is engaged in, or threatens
to engage in, any acts or practices which violate this chapter, or
any resolution, rule, or regulation adopted pursuant to this chapter,
the County Counsel may apply to any court of competent jurisdiction
for an order enjoining those acts or practices, or for an order directing
compliance.
(SCC 1672 § 7, 2021; SCC
1720 § 1, 2023)
A.
If the Director determines that a responsible person has committed, or is committing, a violation of any provision of this chapter, any rule or regulation promulgated pursuant to Section 6.20.035, or a franchise requirement, permit, information request, order, variance, or other requirement that the Director is authorized to enforce or implement, the Director may issue an Administrative Enforcement Order either subsequent to issuing a Notice of Violation or in combination with a Notice of Violation, requiring that the violation be corrected and imposing an administrative penalty.
B.
The
responsible person shall be liable for a penalty of not more than
$1,000 for each day in which each violation occurs and/or continues.
(SCC 1672 § 7, 2021; SCC
1720 § 1, 2023)
A.
In addition
to any other content, an Administrative Enforcement Order shall contain
the following elements:
1.
A
statement of the Director's findings that indicates a violation has
occurred.
2.
A
citation of the provision of this chapter including any regulation,
franchise requirement, permit, information request, order, variance,
or other requirement that has been violated.
3.
A
date by which the responsible person must be in compliance with this
chapter, or a date by which an action plan must be submitted by the
responsible person to propose a means and time frame by which to correct
violations. The Director may extend the compliance date upon request
and when good cause exists for such an extension.
4.
Notification
that continued non-compliance may result in additional enforcement
action being taken against the business, non-residential property,
multi-family residential property, facility, or any responsible persons.
5.
Notification
that the County may recover any costs incurred by the County as a
result of the violation.
6.
Notification
as to whether an administrative civil penalty is imposed and the terms
and conditions of payment if any. In establishing the penalty amount,
the Director shall take into consideration:
a.
The nature, circumstances, extent, and gravity of the violation;
b.
The violator's past and present efforts towards compliant behavior;
c.
The violator's ability to pay the penalty;
d.
The deterrent effect that the imposition of the penalty would have
on both the violator and the regulated community.
B.
In addition
to any other content, an Administrative Enforcement Order may establish
required corrective actions, including the following:
1.
Terms,
conditions, and requirements reasonably related to the provisions
of this chapter, including the following:
2.
A
requirement that the responsible person shall submit written certification
to the Director that the necessary corrective actions have been completed.
As appropriate for the type of correction action taken, the Administrative
Enforcement Order may require documentation that substantiates the
certification, including, but not limited to, receipts, contracts,
or photographs.
3.
Any
other terms or conditions reasonably calculated to prevent additional
or ongoing violations of this chapter.
(SCC 1672 § 7, 2021; SCC
1720 § 1, 2023)
Any Notice of Violation, Administrative Enforcement Order, citation,
or other enforcement notice or order issued pursuant to this chapter
shall be subject to the following requirements:
A.
Delivery
shall be deemed complete upon the date of the written notification
delivered by email, personal delivery to the responsible person, or
certified mail, postage prepaid and return receipt requested.
B.
Where
the responsible person is the owner of the subject premises, and can
only be contacted by US mail, the address for notice or order shall
be the address from the most recently issued equalized assessment
roll for the subject premises.
C.
Where
the owner or occupant of the subject premises cannot be located after
reasonable efforts of the Director, the notice or order shall be deemed
delivered after posting on the subject premises for a period of 10
business days.
D.
Proof
of service of the notice or order shall be retained by the County
until the enforcement action is concluded.
(SCC 1672 § 7, 2021; SCC
1720 § 1, 2023)
The remedies set forth in this article are cumulative to any
other remedy available to the County. Nothing contained herein shall
limit or be deemed to prevent the County from pursuing any other available
remedy under this chapter or any other applicable law.
(SCC 1672 § 7, 2021; SCC
1720 § 1, 2023)
The procedures in this section apply to any aggrieved party other than a person appealing an administrative citation issued pursuant to Section 6.20.710 (Illegal Dumping—Penalties and Procedures).
A.
Any
person adversely affected by any action relating to the provisions
of this chapter may appeal the action by submitting a written notice
of appeal with the Director within 30 days of the date of the decision.
The Director shall conduct an informal hearing on the appeal within
30 days of receipt of the notice of appeal.
1.
If
no notice of appeal is filed within the time limits provided by this
subsection, the Administrative Enforcement Order or other enforcement
notice shall become final.
2.
The
written appeal shall be accompanied by a filing fee. The filing fee
shall be set by Board resolution. If the appeal is upheld, the filing
fee shall be refunded to the appellant.
B.
Any
person adversely affected by the decision of the Director may appeal
the decision of the Director by filing a notice of appeal with the
Clerk within 30 days of the date of the Director's decision, requesting
a hearing with a Hearing Officer. Any such notice shall be in writing
and signed by the appellant under penalty of perjury. The notice shall
include the following information:
1.
A
complete description of the factual basis for the appeal; and
2.
The
legal basis for the appeal; and
3.
The
remedy sought by the appellant. If the appeal is not filed within
such time or manner, the right to a review of the action against which
complaint is made shall be deemed to have been waived.
C.
Within
30 days of receipt of the notice of appeal by the Director, a hearing
shall be scheduled before a Hearing Officer. The Hearing Officer shall
issue a decision within 30 days after the hearing is conducted. Alternative
dates for the hearing may be established by mutual consent of the
appellant and the Director or as ordered by the Hearing Officer.
D.
Within
30 days after the conclusion of the hearing, the Hearing Officer shall
render all decisions and findings in writing to the Director, with
a copy to the appellant. Decisions and findings shall be filed in
the office of the Director for public inspection.
E.
The
decision of the Hearing Officer shall be final and there shall be
no appeal to the Board.
(SCC 1522 § 5, 2013; SCC
1654 § 6, 2019; SCC 1672 § 7,
2021; SCC 1720 § 1, 2023)
A.
General.
At the time set for hearing, the Hearing Officer shall state what
the prima facie case is, what the burden of proof is, and what the
ranges of penalties are. The Hearing Officer shall proceed to hear
the testimony of the Director, the person, and other competent persons
respecting the circumstances of the violation, and other relevant
facts concerning the matter. The Hearing Officer shall follow the
rules of procedure for conducting hearings established by this chapter.
B.
Record
of Oral Evidence at Hearing. A record of the entire hearing proceedings
shall be made by either a certified court reporter or any other means
of permanent recording determined to be appropriate by the Hearing
Officer. A transcript of the proceedings shall be made available to
all parties upon request and upon payment of the fee prescribed therefor.
Such fees may be established and revised from time-to-time by the
Director.
C.
Continuances.
The Hearing Officer may, upon request of the person, a party in interest,
or the Director, grant continuances from time to time for good cause
shown, or upon his/her own motion. Any continuance granted shall in
no way diminish the responsibility of the person and/or parties in
interest for maintaining the premises, nor affect other requirements
of this chapter regarding time for challenging any decisions made
or actions taken.
D.
Oaths—Certification.
The Hearing Officer or certified court reporter shall administer the
oath or affirmation.
E.
Evidence
Rules. Government Code Section 11513, as presently written or as may
be amended from time to time, shall apply to hearings conducted under
this chapter.
F.
Rights
of Parties. Each party may represent themselves, or be represented
by anyone of their choice. Each party may appear at the hearing and
offer evidence in this matter and cross examine witnesses.
G.
Official
Notice. In reaching a decision, official notice may be taken, either
before or after submission of the case for decision, of any fact which
may be judicially noticed by the courts of this State.
H.
Burden
of Proof. The burden of proof in hearings held pursuant to this chapter
shall be as follows:
1.
In
the case of any notice or order, the Director shall bear the burden
of proof, by a preponderance of evidence, to show that a violation
of this chapter has occurred.
2.
In
the case of a notice of administrative civil penalty, the Director
shall bear the burden of proof, by a preponderance of evidence, to
show that a penalty should be assessed.
3.
In
the case of an appeal regarding the occurrence of a violation, or
of required corrective actions, the appellant shall bear the burden
of proof, by clear and convincing evidence, to show cause for amending
or rejecting all or part of the corrective actions or requirements
imposed by the Director by a notice or order.
(SCC 1522 § 6, 2013; SCC
1654 § 7, 2019; SCC 1672 § 7,
2021; SCC 1720 § 1, 2023)
A.
Following
the hearing, the Hearing Officer shall issue an order in writing no
later than 30 days from the date of the hearing, unless the time is
waived or extended by the parties. The order shall contain findings
of fact and rationale appropriate to the violation and result, and
a resolution of the essential issues raised, including the following:
1.
Confirmation
or denial of the occurrence of violations of this chapter that are
alleged by the Director;
2.
Confirmation
or rejection of any administrative civil penalty sought by the Director,
and establishment of the monetary amount of any administrative civil
penalty to be enforced; and
3.
Confirmation,
amendment, or rejection of required corrective actions related to
compliance with this chapter that are imposed by the Director, but
only if those requirements are appealed by the person.
B.
The
Hearing Officer's order shall uphold required corrective actions if
the person fails to show clear and convincing evidence that the required
corrective actions are unreasonable or unnecessary for achieving or
demonstrating ongoing compliance with this chapter. The Hearing Officer's
order may amend, or reject required corrective actions, provided that
compliance with this chapter will be achieved.
C.
The
Hearing Officer's order shall inform the person that failure to comply
with the Hearing Officer's order shall constitute a misdemeanor and
is subject to additional enforcement action, including criminal penalties
and additional civil and administrative penalties.
D.
The
Hearing Officer's order shall inform the person that the time and
manner by which a person may file a challenge to the Hearing Officer's
order is governed by Government Code Section 53069.4, or any successor
provision thereto.
E.
The order issued by the Hearing Officer pursuant to this chapter shall be effective upon issuance. A copy of the order shall be delivered by the Hearing Officer in accordance with Section 6.20.750 of this chapter.
F.
Preparation
of a record of the administrative proceeding shall be governed by
the provisions of the Code of Civil Procedure Section 1096.4.
G.
Any
challenge to the order of the Hearing Officer concerning any appeal
or administrative civil penalty shall be governed by Government Code
Section 53069.4, or any successor provision thereto. Service of the
notice of appeal authorized by Government Code Section 53069.4 on
the County shall be served upon the Director.
H.
After
any notice or order made pursuant to this chapter becomes final, no
person to whom any such order is directed shall fail, neglect or refuse
to obey such order. The Director may pursue, through the County Counsel
or the District Attorney, appropriate judicial action against any
person who fails to comply with any such notice or order, including
charging that person with a misdemeanor offense.
(SCC 1522 § 7, 2013; SCC
1654 § 8, 2019; SCC 1672 § 7,
2021; SCC 1720 § 1, 2023)
A.
The administrative penalties described in Sections 6.20.770 through 6.20.785 shall be due and payable within 30 days after issuance of the written notice or, if appealed, after the Hearing Officer's decision is issued. If the penalty is not timely paid, the Director may pursue all reasonable and legal means in collecting those sums authorized and due.
B.
All
administrative penalties collected from actions brought pursuant to
this chapter shall be paid to DWMR, and shall be deposited into a
special account that shall be expended to fund the activities of DWMR
in implementing this chapter.
(SCC 1654 § 14, 2019; SCC 1672 § 7, 2021; SCC 1720 § 1,
2023)
The administrative penalties described in Sections 6.20.772 through 6.20.782 shall be set by the Board by resolution and shall not exceed $1,000 per violation per day.
(SCC 1654 § 15, 2019; SCC 1672 § 7, 2021; SCC 1720 § 1,
2023)
A.
The
Director shall establish a form, process, and standards for submittal
by franchisees of a non-compliant commercial generator notification
that lists all commercial generators that are not in compliance with
mandatory recyclable material and/or organic material collection service.
That list shall also include contact information for each non-compliant
customer.
B.
A non-compliant
commercial generator shall be:
1.
Subject
to inspection and/or a Notice of Violation and/or an Administrative
Enforcement Order by the Director;
2.
Subject to re-inspection and re-inspection fees if they continue to be non-compliant as described in Section 6.20.700;
3.
Subject
to administrative penalties if they remain non-compliant after re-inspection;
and
4.
Subject
to discontinuation of solid waste collection service until they achieve
compliance, in which case they shall be subject to additional administrative
penalties if they obtain solid waste collection services from a different
franchisee without first gaining compliance.
C.
A franchisee
shall be subject to a Notice of Violation, an Administrative Enforcement
Order, and/or administrative penalties if the franchisee fails to
provide mandatory recyclable material and/or organic material collection
service, or fails to discontinue solid waste collection service, to
a non-compliant generator, according to a schedule provided by the
Director.
D.
Any
franchisee that initiates solid waste collection services to a non-compliant
commercial generator while a different franchisee is under order to
remove that generator's solid waste container shall be subject to
administrative penalties.
(SCC 1672 § 7, 2021; SCC
1720 § 1, 2023)
A.
Permittees
in violation of the waste diversion standards set forth in Sections
4.408 and 5.408 of Part 11 of Title 24 of the CCR shall mitigate their
tonnage shortfall by delivering, or providing for the delivery of,
C&D debris in the amount of their diversion shortfall, that is
not required to be diverted by any other County regulation, to a County-certified
sorting facility.
B.
In the
event that no County-certified sorting facility has available capacity
for additional tonnage, permittees may mitigate their tonnage shortfall
by paying to the County's Solid Waste Enterprise Fund an Alternative
C&D Shortfall Penalty. The penalty shall be set by the Board by
resolution.
(SCC 1672 § 7, 2021; SCC
1720 § 1, 2023)
A.
Any franchisee not diverting the required percentage, by weight, of the waste materials under its collection shall pay a Recycling Shortfall Penalty, per ton for the tonnage shortfall, that would be needed for the franchisee to be diverting waste in compliance with Section 6.20.290 of this chapter and any resolution adopted by the Board pursuant thereto. The tonnage shortfall shall be based on quarterly reports and documented diversion reported by the franchisee, as determined by DWMR.
B.
The implementation of the Recycling Shortfall Penalty does not relieve franchisee from the obligation of complying with the diversion requirements of Section 6.20.290. Failure to pay any Recycling Shortfall Penalty shall constitute grounds for the immediate suspension of the franchise, without advance notice or hearing, pending compliance by the franchisee with the requirements hereof.
C.
Franchisees
shall be responsible for reimbursement of costs incurred by the County,
including staff time and any other County or consultant services,
to perform detailed audits if DWMR determines that documentation of
diversion, as reported by franchisees, is inadequate. When necessary,
DWMR will retain the services of an independent consultant to verify
performance and conduct any necessary diversion audits.
D.
Recycling
Shortfall Penalties shall be deposited in the County Solid Waste Enterprise
Fund to be used by DWMR to promote commercial recyclable material
and organic material collection program efforts.
(SCC 1672 § 7, 2021; SCC
1720 § 1, 2023)
A first violation of Section 6.20.160 shall constitute an infraction, punishable by a fine not exceeding $250. A second or subsequent violation committed within six months of the previous violation shall be punishable as a misdemeanor as provided in Section 1.01.190 of this code. Scavenging penalties shall be deposited in the County Solid Waste Enterprise Fund to be used by DWMR to reduce or remediate illegal dumping.
(SCC 1672 § 7, 2021; SCC
1720 § 1, 2023)
Administrative penalties and/or re-inspection fees described in Section 6.20.700 shall be established by Board resolution, but at minimum shall be those amounts set forth established in Section 18997.2 of Title 14 of the CCR.
(SCC 1672 § 7, 2021; SCC
1720 § 1, 2023)
The Director or Hearing Officer may modify an administrative penalty imposed pursuant to this chapter by issuing a written notice stating the justifications therefor and that the proposed modification includes a deadline to appeal the penalty, and serving same together with a copy of the provisions of this chapter, upon the responsible person. The modification shall become effective upon the execution by the responsible person of a settlement agreement with the Director. If settlement is not agreed to in writing between the Director and the responsible person within 30 days of service of the proposed settlement, the responsible person may pursue an appeal as described in Sections 6.20.755 through 6.20.760.
(SCC 1672 § 7, 2021; SCC
1720 § 1, 2023)
The following criminal penalties apply to violations of this
chapter.
A.
Violation
as Misdemeanor. Unless otherwise specified by this chapter, violations
of the provisions of this chapter or failure to comply with any of
its requirements, including violations of terms and conditions established
in connection with franchises issued pursuant to this chapter, shall
constitute a misdemeanor.
B.
The
Sacramento County Sheriff's Department and/or any other law enforcement
agencies located within the County may issue a Notice to Appear Citation
for any misdemeanor pursuant to Penal Code Section 853.6 for any violation
of this chapter.
C.
Penalty
for Misdemeanor. Unless otherwise specified in this chapter, any person
found to be in violation of any provision of this chapter or fails
to comply with any of its requirements shall upon conviction thereof
be punished by imprisonment in the County Jail for not more than six
months, or be fined not more than $1,000, or both. Each day that such
violation continues shall be considered a separate offense. Such penalties
shall be in addition to any late fees, civil penalties, or other charges
payable to the County by any responsible person, including a Franchisee,
for the same period of time or for the same violations.
D.
Each
civil, criminal, or administrative penalty imposed pursuant to this
chapter for any separate violation shall be separate, and in addition
to, any other provision of law and does not supersede or limit any
and all other legal remedies and penalties, civil, administrative
or criminal which may be applicable under other laws.
(SCC 1672 § 7, 2021; SCC
1720 § 1, 2023)
This chapter does not do any of the following:
A.
Otherwise
affect the authority of the Director to take any other action authorized
by any other provision of law.
B.
Restrict
the power of a city attorney, district attorney, or the Attorney General
to bring, in the name of the people of California, any criminal proceeding
otherwise authorized by law.
C.
Prevent
the Director from cooperating with, or participating in, any proceeding
specified in this article.
(SCC 1672 § 7, 2021; SCC
1720 § 1, 2023)
If any assessment is not paid in full within 30 days after receipt
of a notice, order, or decision by the Hearing Officer, the Director
may record in the office of the County Recorder a statement of the
total balance due and a legal description of the property. From the
date of such recording, the balance due shall be a special assessment
against the described property.
(SCC 1672 § 7, 2021; SCC
1720 § 1, 2023)
The assessment shall be collected at the same time and in the
same manner as ordinary ad valorem County taxes are collected, and
shall be subject to the penalties and the same procedure and sale
in case of delinquency as provided for County ad valorem taxes. All
laws applicable to the levy, collection, enforcement and penalties
of County ad valorem taxes shall be applicable to such assessment,
fine, or penalty.
(SCC 1672 § 7, 2021; SCC
1720 § 1, 2023)
Any activity or operation contrary to the provisions of this chapter, or of a franchise or the terms or conditions imposed therein, or of a rule promulgated pursuant to Section 6.20.035 of this chapter, is unlawful and a public nuisance. The Director is authorized to commence, in the name of the County, actions or proceedings for the abatement and removal and enjoining thereof in the manner provided by law, and shall take such other steps, and shall apply to such court or courts as may have jurisdiction to grant such relief, to abate and remove such operation and restrain and/or enjoin any person, firm, or corporation from so operating.
(SCC 517 § 2, 1982; SCC
1044 § 2, 1996; SCC 1322 § 3,
2006; SCC 1618 § 61, 2018; SCC 1654 § 9, 2019; SCC 1672 § 7,
2021; SCC 1720 § 1, 2023)
