The enforcement of this chapter is essential to the public health, safety and well-being. The importance of the policies which the chapter seeks to effectuate makes necessary a range of flexible enforcement mechanisms. The remedies provided in this article shall be available without prior recourse, if applicable, to the permit revocation procedures provided in Article VI of this chapter. Each of the remedies provided in this article shall be available in accordance with the terms of its respective section without regard for the availability, potential availability, or use of another remedy or of permit revocation. The Director and the Alameda County Health Officer may utilize other remedies not set forth in this article.
(Ord. 2-86 § 2 (5-500); Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))
The Director or the Alameda County Health Officer shall enforce and administer all provisions of this chapter falling under their respective jurisdictions, and for such purpose each shall have the powers of peace officer.
(Ord. 2-86 § 2 (5-501); Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))
The Director or the Alameda County Health Officer is authorized to seek civil injunctive relief in any court of competent jurisdiction against any violation or threatened violation of this chapter.
(Ord. 2-86 § 2 (5-502); Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))
To the extent that any violation of this chapter has resulted in any loss of revenues to the discarded materials management system, the city may sue in any court of competent jurisdiction to recover said revenues. "Loss of revenues" means and includes the loss of the contribution of revenues to the regulated rate structure of the franchised solid waste collector.
(Ord. 2-86 § 2 (5-503); Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))
The Director is authorized to make such inspections and to take such actions as may be required to enforce the provisions of this chapter. Specifically, the collector, as well as any recycling transporter or the operator of any solid waste disposal facility, processing facility, or recycling facility, must, upon demand by the Director, permit such inspection of records, operations, facilities or other matters as may be necessary to ensure compliance with this chapter.
(Ord. 2-86 § 2 (5-504); Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))
A. 
Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Director has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the Director may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the Director by this chapter; provided, that (1) if such building or premises be occupied, he shall first present proper credentials and demand entry; and (2) if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is denied, or if the owner or individual in charge of the premises cannot be located, the Director shall have recourse to every remedy provided by law to secure entry, including but not limited to the provisions of Code of Civil Procedure Section 1822.50 et seq.
B. 
No owner or occupant or any other person having charge, care or control of any building or premises shall fail or refuse, after proper demand made as herein provided, promptly to permit entry therein by the Director for the purpose of inspection and examination pursuant to this chapter.
(Ord. 2-86 § 2 (5-505); Ord. 9-91 § 3; Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))
The violation of any of the provisions of this chapter shall also be deemed a nuisance, and a civil action may be brought to abate, enjoin or otherwise compel the cessation of such nuisance.
(Ord. 2-86 § 2 (5-506); Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))
Any person who shall violate any of the provisions of Section 5.32.050, Sections 5.32.130 and 5.32.150, Section 5.32.160 or 5.32.240 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000) for each violation, or by imprisonment in the County Jail for not more than six (6) months, or both. Any person who shall violate any of the provisions of Section 5.32.060, 5.32.070, 5.32.080 or 5.32.286 shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Government Code Section 36900. The Director and/or Alameda County Health Officer are designated as the enforcement authority for the enforcement of those provisions which are designated as infractions.
(Ord. 4-90 § 6; Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))
A. 
No Unauthorized Containers. Except as expressly authorized by this chapter, no person other than a franchisee may place a container within the city for collection of discarded materials.
B. 
Notice – Violation. The city shall notify, in writing, any person who violates this section that the prompt and permanent removal of the container from the premises is required. Notice should be delivered by prominently posting on the container. The notice shall state the time within which the container must be removed, which time shall be not less than twenty-four (24) hours and not more than seventy-two (72) hours after posting of the notice. If the container is identified with the name and telephone number of the solid waste or recycling enterprise, the city shall also attempt to contact the enterprise by phone. Failure to notify the owner telephonically shall not invalidate the posted notice. Once the city posts a written notice of violation on the unauthorized container, the customer using the unauthorized container shall immediately cease placing solid waste or recyclable materials in it.
C. 
Remedies. The city may impound or cause to be impounded any such container if it is not permanently removed from the premises within the time set forth in the notice.
A person who violates this section is liable to the city for all fines and charges levied in connection with the collection, transportation, storage and handling of the container by the city. The container's owner or his or her representative shall retrieve the container immediately after all applicable fines and charges have been paid. The Director, or his or her designee, has the authority to impound unauthorized containers and to collect the fines and charges levied by the city. If the unauthorized container is not retrieved by the hauler within fourteen (14) days of being impounded, it shall become the property of the city.
D. 
Enforcement. Violation of this section shall constitute an infraction punishable by a fine not to exceed one hundred dollars ($100) for the first violation, a fine not to exceed two hundred dollars ($200) for the second violation within one (1) year, and a fine not to exceed five hundred dollars ($500) for each additional violation within one (1) year. There shall be a separate infraction for each day on which a violation occurs. The city shall recover costs and attorney's fees incurred in connection with enforcement of this chapter.
(Ord. 17-14 § 3; Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))