A. The enforcement officer or their designee shall be authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or the applicable approved facilities for materials collected from generators, or source separated materials to confirm compliance with Sections 8.32.140, 8.32.150, 8.32.160, 8.32.170, and 8.32.180 by commercial and residential generators, property owners, commercial edible food generators, collectors and self-haulers, and food recovery services and food recovery organizations, subject to applicable laws. Per Chapter 1.40 of this code, these powers include the power to issue administrative citations, the power to assess and collect civil fines and penalties as provided in this chapter. This section does not allow city staff to enter the interior of a private residential property for inspection, unless otherwise authorized by applicable law.
B. Regulated entities shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the enforcement officer or their designee during such inspections and investigations. The enforcement officer shall be authorized to enter upon any property or premises to ascertain whether there are violations of this code, and to make any inspections and investigations that may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter as may be necessary in the performance of the enforcement officer’s duties.
C. Failure to provide or arrange for access to an entity’s premises or access to records for any inspection or investigation is a violation of this chapter and may result in a determination that the generator is out of compliance with one or more requirements of this chapter.
If the property owner or other responsible person refuses permission to enter or inspect, the public official may seek an administrative inspection warrant pursuant to the California Code of Civil Procedure or as otherwise authorized by law. Following the obtaining of owner permission to inspect or a lawful inspection warrant, the public official is authorized to conduct examinations and surveys that may include, but are not limited to, the taking of photographs or video recordings and the taking of samples or other physical evidence or recordings. All inspections, entries, examinations, and surveys shall be done in a reasonable manner and shall at all times comply with constitutional and statutory requirements.
D. Beginning January 1, 2022, and through December 31, 2023, city or its designee will conduct inspections, route reviews or waste composition evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance with this chapter. If the city or its designee determines that the organic waste generator, self-hauler, collector, 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.
1. For incidents of prohibited container contaminants found in containers, the city or its designee will issue a notice of violation to any generator found to have prohibited container contaminants in their container.
E. Beginning January 1, 2024, if the city determines that an organic waste generator, self-hauler, collector, 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 and issue a notice of violation pursuant to Chapter 1.40 of this code and this chapter.
F. Any records obtained by the city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in California Government Code Section 6250 et seq.
G. The enforcement officer or their designee(s) are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
H. City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints.
I. Any person who violates any provisions of this code, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine or penalty up to the maximum amounts set forth in Chapter 1.40 of this code and this chapter.