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A. Violation of any requirement of this chapter shall be subject to enforcement and penalties specified in this section, Chapters 1.10 through 1.16, and any other applicable laws or regulations. In the sole discretion of the city and city enforcement officials acting on behalf of the city, violations of this chapter may be enforced administratively, or by civil or criminal enforcement action, in accordance with Chapters 1.10 through 1.16.

B. Enforcement of Prohibited Container Contaminant Violations. City enforcement officials may issue a notice to any generator found to have prohibited container contaminants in a container in violation of this chapter. Such notice will be provided via a cart tag or other communication upon identification of the prohibited container contaminants after determining that a violation has occurred. Upon the third notice to a generator of prohibited container contaminants in a generator’s containers within a three-month period, the city enforcement official may issue the generator a notice of violation in accordance with Section 1.14.020 or seek other remedies for such violations in accordance with Chapters 1.10 through 1.16 or other applicable laws or regulations.

C. Enforcement of Other Violations. Regarding violations of the requirements of this chapter other than prohibited container contaminant violations, city enforcement officials may issue a notice of violation requiring compliance within the time stated in the notice of violation in accordance with Section 1.14.020 or seek other remedies for such violations in accordance with Chapters 1.10 through 1.16 or other applicable laws or regulations.

Absent compliance within the deadline set forth in the notice of violation, city enforcement officials may commence an action to impose penalties, via an administrative citation and fine, pursuant to Chapters 1.10 through 1.16. Notices of violation shall be sent to single-family generators, commercial business generators, organic waste generators, self-haulers, haulers, tier one commercial edible food generators, food recovery organizations, food recovery services, or other entities subject to this chapter at the official address maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services at the dwelling or commercial property.

D. Penalty Amounts for Violations. The amounts of the penalties for code violations imposed pursuant to this chapter shall be set forth in a schedule of penalties established by resolution of the city council in accordance with Section 1.16.030.

E. Compliance Deadline Extension Considerations. The city enforcement official may in the official’s sole discretion extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if he or she finds that there are extenuating circumstances beyond the control of the generator named in the notice that make compliance within the deadlines impracticable, which circumstances may include but are not limited to the following:

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; or

3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

F. Hearings and Appeals. Hearings and appeals concerning notices of violation and other enforcement actions brought for violations of this chapter shall be in accordance with the provisions of Chapters 1.10 through 1.16, as applicable.

G. Grace Period. Notwithstanding any other provision of this chapter to the contrary, beginning January 1, 2022, and continuing through December 31, 2023, city enforcement officials will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the city determines that a single-family or commercial business 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 with the requirements of this chapter, city enforcement officials shall provide educational materials to the entity in violation describing its obligations under this chapter and a notice that compliance is required, and that violations may be subject to administrative civil penalties and/or other enforcement beginning on January 1, 2024.

(Ord. 2800 NCS §3 (Exh. A), 2021.)