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 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 thirty (30) days and no more than sixty (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-inspection 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; SCC 1761, 8/5/2025)
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:
1. 
One thousand dollars for the first violation;
2. 
One thousand, five hundred dollars ($1,500.00) for the second violation of the same section within one year of the first citation;
3. 
Three thousand dollars for each additional violation of the same section within one year of the first citation.
(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:
a. 
Cessation of prohibited actions.
b. 
Correction of prohibited conditions.
c. 
A requirement for submittal of a written action plan for achieving and maintaining compliance with this chapter.
d. 
Reporting requirements to demonstrate ongoing compliance.
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.
7. 
Notification that the responsible person has a right to an appeal of the Administrative Enforcement Order according to the procedures set forth in Sections 6.20.755 through 6.20.760.
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:
a. 
Cessation of prohibited actions.
b. 
Correction of prohibited conditions.
c. 
A requirement for submittal of a written action plan for achieving and maintaining compliance with this chapter.
d. 
Reporting requirements to demonstrate ongoing compliance.
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 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 ten (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; SCC 1761, 8/5/2025)
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).
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 thirty (30) calendar days of the date of the notice of order. The Director shall conduct an informal hearing on the appeal within thirty (30) calendar 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 thirty (30) calendar 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 thirty (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 thirty (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 thirty (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; SCC 1761, 8/5/2025)
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 thirty (30) calendar 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; SCC 1761, 8/5/2025)
A. 
The administrative penalties described in Sections 6.20.770 through 6.20.785 shall be due and payable within thirty (30) calendar 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; SCC 1761, 8/5/2025)
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)
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 paying to the County's Solid Waste Enterprise Fund a C&D Shortfall Penalty. The penalty shall be set by the Board by Resolution.
(SCC 1672 § 7, 2021; SCC 1720 § 1, 2023; SCC 1761, 8/5/2025)
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)
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)
A. 
The following criminal penalties apply to violations of this chapter.
1. 
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.
2. 
The Sacramento County Sheriff's Office 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.
3. 
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 (6) months, or be fined not more than one thousand dollars ($1,000.00), 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.
4. 
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; SCC 1761, 8/5/2025)
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 thirty (30) calendar 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; SCC 1761, 8/5/2025)
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; SCC 1761, 8/5/2025)
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)