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.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)