The text
(a)
Violation of any provision of this Chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by an enforcement officer. Enforcement actions under this Chapter are issuance of an administrative citation and assessment of a fine. The procedures in this Chapter shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter, except as otherwise indicated in this Chapter.
(b)
Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.
(c)
Penalty Amounts for Types of Violations.
The penalty levels are as follows: (1)
For a first violation, the amount of the base penalty shall be fifty dollars to one hundred dollars per violation.
(2)
For a second violation, the amount of the base penalty shall be one hundred dollars to two hundred dollars per violation.
(3)
For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty dollars to five hundred dollars per violation.
(d)
Factors Considered in Determining Penalty Amount.
The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range: (1)
The nature, circumstances, and severity of the violation(s).
(2)
The violator's ability to pay.
(3)
The willfulness of the violator's misconduct.
(4)
Whether the violator took measures to avoid or mitigate violations of this Chapter.
(5)
Evidence of any economic benefit resulting from the violation(s).
(6)
The deterrent effect of the penalty on the violator.
(e)
Appeals Process.
Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to Section 6.11.100.
(f)
Education Period for Non-Compliance.
Beginning January 1, 2022 and through December 31, 2023, the city will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the city determines that organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
(g)
Civil Penalties for Non-Compliance.
Beginning January 1, 2024, if the city determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this Chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this Chapter.
(h)
Civil Penalties for Non-Compliance.
This Chapter shall be interpreted consistent with the city's regulatory authority and shall only apply to local education agencies and other state or federal entities to the extent permitted by law, including SB 1383 regulations.
(Ord. No. 781, § 1, 12-7-2021)