A. 
On or before January 1, 2022, the city shall have an inspection and enforcement program that is designed to ensure overall compliance with this chapter and that, at a minimum, includes the following requirements:
1. 
Beginning January 1, 2022, and at least annually thereafter, the city shall conduct the following:
(a) 
If the city is using the compliance method described in Section 14.06.03.020 (three-container) or 14.06.03.030 (two-container), the city shall complete a compliance review of all solid waste collection accounts for commercial businesses that are subject to the city's authority and that generate two cubic yards or more per week of solid waste, including organic waste.
(i) 
The city shall also determine compliance with organic waste generator requirements set forth in Section 14.06.03.100(A), and shall also determine compliance with self-haul requirements set forth in Section 14.06.07.030.
(ii) 
Beginning April 1, 2022, the city shall either:
(A) 
Conduct annual route reviews of commercial businesses and residential generators for compliance with organic waste generator requirements set forth in Section 14.06.03.100(A) and container contamination requirements set forth in Section 14.06.03.060; or
(B) 
Perform waste evaluations consistent with Section 14.06.03.060(C) to verify commercial businesses' and residential generators' compliance with the organic waste generator requirements set forth in Section 14.06.03.100(A).
(b) 
If the city is using the compliance method described in Section 14.06.03.040 (that is, a single-container system), the city shall conduct a compliance review of all solid waste collection accounts for commercial businesses that are subject to city authority and generate two cubic yards or more per week of solid waste, including organic waste. In doing so, the city shall determine compliance with:
(i) 
Organic waste generator requirements set forth in Section 14.06.03.100(A) and document whether the business is transporting the contents to a high diversion organic waste processing facility; or
(ii) 
Self-hauling requirements pursuant to Section 14.06.07.030, including whether a business is complying through back-hauling organic waste.
2. 
Beginning January 1, 2022, the city shall conduct inspections of tier one commercial edible food generators and food recovery organizations and services for compliance with this chapter. Beginning January 1, 2024, the city shall conduct inspections of tier two commercial edible food generators for compliance with Part 10 of this chapter.
3. 
Beginning January 1, 2022, the city shall investigate complaints as required under Section 14.06.14.030.
4. 
Beginning January 1, 2022, and until December 31, 2023, the city shall provide educational material describing the applicable requirements of this chapter in response to violations.
5. 
Beginning January 1, 2024, the city shall enforce this chapter pursuant to Sections 14.06.14.030 and 14.06.16.020 in response to violations.
6. 
At least every five years from the date of issuance, the city shall verify through inspection that commercial businesses are meeting de minimis and physical space waivers for compliance consistent with the requirements of Section 14.06.03.110.
B. 
The city shall conduct a sufficient number of route reviews and inspections of entities described in this section to adequately determine overall compliance with this chapter. The city may prioritize inspections of entities that the city determines are more likely to be out of compliance.
C. 
The city shall generate a written or electronic record for each inspection, route review, and compliance review conducted pursuant to this chapter. Each record shall include, at a minimum, the following information:
1. 
Identifying information for the subject or subjects of the inspection, route review, or compliance review, such as, but not limited to: (a) the name or account name of each person or entity; (b) a description of the hauler route and addresses covered by a route review; and (c) a list of accounts reviewed for each compliance review.
2. 
The date or dates the inspection, route review, or compliance review was conducted.
3. 
The person or persons who conducted the action.
4. 
The city's findings regarding compliance with this chapter, including any notices of violation or educational materials that were issued.
5. 
Any relevant evidence supporting the findings in subsection (C)(4) of this section, such as, but not limited to, photographs and account records.
6. 
Route review records shall also include a description of the locations of the route review(s) and the addresses where prohibited container contaminants are found, if any.
D. 
Documentation of route reviews, compliance reviews, and inspections, as well as all other records of enforcement conducted pursuant to this chapter, shall be maintained in the implementation record, including without limitation:
1. 
Copies of all documentation of route reviews, compliance reviews, and inspections.
2. 
Copies of all enforcement actions required by Section 14.06.14.040.
3. 
A list of the date(s) that the city determined an entity complied with a notice of violation and the evidence that supports that compliance determination.
4. 
Copies of notices and educational material provided as required by this section.
E. 
Consistent with Section 14.06.01.010(B), the city may have a designee conduct inspections required by this section.
F. 
Any records obtained by the city though its implementation and enforcement of the requirements of this chapter 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.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18995.1.
A. 
The city shall maintain all records required by this chapter in the implementation record.
B. 
The implementation record shall be stored in one central location, physical or electronic, that can be readily assessed by CalRecycle.
C. 
Upon CalRecycle's request, the city shall provide access to the implementation record within ten business days.
D. 
All records and information shall be included in the implementation record within sixty days of the creation of the records or information.
E. 
All records shall be retained by the city for five years.
F. 
At a minimum, the following shall be included in the implementation record:
1. 
A copy of all ordinances or other similarly enforceable mechanisms, contracts, and agreements, as required by this chapter.
2. 
A written description of the city's inspection and enforcement program that the city uses to comply with Section 14.06.14.010 and this section.
3. 
All organic waste collection service records required by Section 14.06.03.050.
4. 
All contamination minimization records required by Section 14.06.03.060.
5. 
All waiver and exemption records required by Section 14.06.03.150.
6. 
All education and outreach records required by Section 14.06.04.030.
7. 
All hauler program records required by Section 14.06.07.040.
8. 
All edible food recovery program records required by Section 14.06.10.020.
9. 
All recovered organic waste procurement target records required by Section 14.06.12.020.
10. 
All recycled content paper procurement records required by Section 14.06.12.040.
11. 
All inspection, route review, and compliance review documents generated pursuant to the requirements of Section 14.06.14.010.
12. 
All records of enforcement actions undertaken pursuant to this chapter.
13. 
All records of complaints and investigations of complaints required by Section 14.06.14.030 and compliance with the city's inspection and enforcement requirements of Section 14.06.14.010.
14. 
All records required by Section 14.06.17.040 if the city is implementing a performance-based source separated organic waste collection service under Part 17 of this chapter.
G. 
All records maintained in the implementation record 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.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18995.2.
A. 
The city shall provide a procedure for the receipt and investigation of written complaints of alleged violations of this chapter. The city shall allow for the submission of anonymous complaints.
B. 
The procedure shall provide that complaints be in writing and include the following information:
1. 
If the complaint is not anonymous, the name and contact information of the complainant.
2. 
The identity of the alleged violator, if known.
3. 
A description of the alleged violation, including location(s) and all other relevant facts known to the complainant.
4. 
Any relevant photographic or documentary evidence to support the allegations in the complaint.
5. 
The identity of any witnesses, if known.
C. 
The city shall commence an investigation within ninety days of receiving a complaint that meets the requirements of subsection B of this section if the city determines that the allegations, if true, would constitute a violation of this chapter. The city may decline to investigate a complaint if, in its judgment, investigation is unwarranted because the allegations are contrary to facts known to the city.
D. 
The city shall provide a procedure to notify a complainant of the results of the complaint if the identity and contact information of the complainant are known.
E. 
The city shall maintain in the implementation record records of all complaints and responses made pursuant to this section. The records shall include the complaint as received and the city's determination of compliance or notice of violations issued.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and CCR § 18995.3.
A. 
With the exception of violations of the prohibited container contaminants provisions in Section 14.06.03.060(A), which the city shall enforce through the notice provisions of Section 14.06.14.060(B), for violations of this chapter occurring on or after January 1, 2024, the city shall take enforcement action as set forth in this section.
1. 
The city shall issue a notice of violation requiring compliance within sixty days of the issuance of that notice.
2. 
Absent compliance by the respondent within the deadline set forth in the notice of violation, the city shall commence an action to impose penalties pursuant to Part 16 of this chapter.
B. 
The city may extend the compliance deadlines set forth in a notice of violation issued pursuant to subsection A of this section if the city finds that extenuating circumstances beyond the control of the respondent make compliance with the deadlines impracticable. For purposes of this section, extenuating circumstances are:
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; and
3. 
Deficiencies in organic waste recycling capacity infrastructure or edible food recovery capacity, and the relevant jurisdiction is under a corrective action plan pursuant to Section 14.06.15.020 due to those deficiencies.
C. 
A notice of violation shall include the following information:
1. 
The name(s), or account name(s) if different, of each person or entity to whom it is directed.
2. 
A factual description of the violations of this chapter, including the sections being violated.
3. 
A compliance date by which the operator is to take specified action(s).
4. 
The penalty for not complying within the specified compliance date.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18995.4.