Alameda Municipal Code § 21-30 Enforcement

a. The enforcement agency is authorized to conduct any inspections, remote monitoring, or other investigations as reasonable necessary to further the goals of this chapter, subject to applicable laws. The enforcement agency is specifically authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with the provisions of this chapter for which it has enforcement authority by organic waste generators, commercial businesses, multi-family residential dwellings, edible food generators, franchisees, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section is not intended to permit non-consensual entry in a private residential dwelling unit for inspection. For the purposes of inspecting commercial business containers for compliance with Section 21-2.9(b) of this chapter, the enforcement agency may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to Section 21-2.9(j) of this chapter, to the extent authorized by law.

b. To the extent authorized by law, a person subject to the requirements of this chapter shall provide or arrange for access during all inspections (with the exception of a private residential dwelling unit) and shall cooperate with the enforcement agency during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure to provide or arrange for: (i) access to the premises; (ii) installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or (iii) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in Section 21-30.2.

c. The enforcement agency for the provisions of this Section 21-30.1 is the City and any designee authorized by the City to enforce one (1) or more sections of this chapter.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

a. Any person or party who violates any provision of this chapter shall be guilty of an infraction, which shall be punished by a fine not exceeding two hundred fifty ($250.00) dollars.

b. Any person or party who violates any provision of this chapter may be issued an administrative citation pursuant to Chapter 1-7 of this Code.

c. Notwithstanding the standard fines set forth in Chapter 1-7, for violations of Sections 21-2.9, 21-2.10, 21-2.11, and 21-2.12 of this Code the penalty levels are as follows:

1. For a first violation, the amount of the penalty shall be fifty ($50.00) to one hundred ($100.00) dollars per violation.

2. For a second violation, the amount of the penalty shall be one hundred ($100.00) to two hundred ($200.00) dollars per violation.

3. For a third or subsequent violation, the amount of the penalty shall be two hundred and fifty ($250.00) to five hundred ($500.00) dollars per violation.

The enforcement agency of this chapter, including the City and the WMA, may establish regulations to guide the implementation of the citation process, including establishing factors for consideration of penalty ranges. Movement within the established penalty ranges shall be based on legitimate law enforcement considerations, such as the severity of the violation, prior notice, opportunity and timeliness of any subsequent curative actions, and impact of any violation on the public.

d. The City and the people of the State of California may enforce, and seek to enjoin the violation of, any provision of this chapter by means of a civil action. The burden of proof in such cases shall be preponderance of the evidence. As part of any civil action brought by the people of the State of California or City to enforce this article, a court may assess a civil penalty in an amount not to exceed two thousand five hundred ($2,500.00) dollars per violation per day.

e. The remedies provided herein are not exclusive, and nothing herein shall preclude any person from seeking any other remedies, penalties or procedures provided by law.

f. Enforcement Timelines.

1. The following provisions of this chapter may be enforced beginning on January 1, 2022: Section 21-2.9 concerning requirements for commercial business generators and multi-family Generators; Section 21-2.10 concerning waivers for commercial business generators and multi-family generators; Section 21-23.14 concerning requirements for franchisees and permittees; Section 21-4 concerning requirements for facility operators; Section 21-2.13 concerning requirements for self-haulers, and inspections related to compliance with those sections.

2. The following provisions of this chapter may be enforced beginning on January 1, 2024: Section 21-2.8 concerning requirements for single-family and multi-plex generators; Section 21-2.11 concerning requirements for commercial edible food generators; and Section 21-2.12 concerning requirements for food recovery organizations and services, and inspections related to compliance with those sections.

g. The enforcement agency for the provisions of this Section 21-30.2 is the City and, where authorized by the City, the WMA, and any other designee of the City.

(Ord. No. 3310 N.S., § 2, 11-16-2021; Ord. No. 3332 N.S., § 2, 11-15-2022)