Atherton Municipal Code Ch. 18.04 Inspections and Enforcement

Sections:

• 18.04.010 Inspections and investigations.

• 18.04.020 Inspections and investigations—Edible food recovery. 18.04.030 Violation—Penalty.

• 18.04.040 Violation—Penalty—Edible food recovery.

A. The town designee is authorized to conduct any inspections, remote monitoring, or other investigations, as reasonably necessary to further the goals of this title, subject to applicable laws. This may include inspections and investigations, at random or otherwise, of any collection container, collection vehicle load, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this title by organic waste generators, commercial businesses, property owners, commercial edible food generators, self-haulers, food recovery services, and food recovery organizations, to confirm compliance with this title, subject to applicable laws. This section does not allow entry to the interior of a private residential property for inspection. For the purposes of inspecting collection containers for compliance, the town or designee may conduct container inspections for prohibited container contaminants using remote monitoring, and generators shall accommodate and cooperate with the remote monitoring.

B. A person subject to the requirements of this title shall provide or arrange for access during all inspections (with the exception of the interior of a private residential property) and shall cooperate with the town or designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in collection 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 title. Failure to provide or arrange for: (1) access to the premises; (2) installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or (3) access to records for any inspection or investigation is a violation of this title and may result in penalties.

C. Any records obtained by the town or designee, during inspections, investigations, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code Section 6250 et seq. (Ord. 649 § 3, 2021)

A. Violation of any provision of this title shall constitute grounds for issuance of a notice of violation and assessment of a fine by a jurisdiction enforcement official, designee for edible food recovery, or representative. Enforcement actions under this title are issuance of an administrative citation and assessment of a fine. The jurisdiction’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this title and any rule or regulation adopted pursuant to this title, except as otherwise indicated in this title.

B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. Jurisdiction or designee for edible food recovery may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. Jurisdiction or designee for edible food recovery may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of jurisdiction or designee for edible food recovery staff and resources.

C. Responsible Entity for Enforcement.

1. Enforcement pursuant to this title may be undertaken by the jurisdiction enforcement official, which may be the city manager or their designated entity, legal counsel, designee for edible food recovery, or combination thereof.

2. Enforcement may also be undertaken by a regional agency enforcement official or designee for edible food recovery, designated by the jurisdiction, in consultation with jurisdiction enforcement official.

• a. Jurisdiction enforcement official(s) (and regional agency or designee for edible food recovery, if using) will interpret this title; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.

b. Jurisdiction enforcement official(s) (and regional agency enforcement official, if using or designee for edible food recovery) may issue notices of violation(s).

• D. Process for Enforcement.

1. Jurisdiction enforcement officials or regional enforcement officials and/or their designee for edible food recovery will monitor compliance with this title randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring). Section 18.04.010 establishes jurisdiction’s and designee for edible food recovery’s right to conduct inspections and investigations.

2. Jurisdiction or their designee for edible food recovery may issue an official notification to notify regulated entities of its obligations under this title.

3. The jurisdiction or its designee for edible food recovery will issue a notice of violation to any tier one or tier two commercial edible food generator found to have edible food in any waste container or to any food recovery organization or food recovery service found to have edible food recovered from a tier one or tier two edible food generator in a waste collection container which has not been documented by a notice of significant spoilage as required in this title. Such notice will be provided by email communication immediately upon identification of the violation or within three calendar days after determining that a violation has occurred. If the jurisdiction or its designee for edible food recovery observes edible food in a tier one or tier two commercial edible food generator, or food recovery organization, or food recovery service waste container on more than two consecutive occasion(s), the jurisdiction or its designee for edible food recovery may assess an administrative citation and fine, pursuant to the edible food recovery penalties provisions contained in this title, on the tier one or tier two commercial edible food generator, food recovery organization, or food recovery service.

E. Jurisdiction shall issue a notice of violation requiring compliance within sixty days of issuance of the notice. (Ord. 649 § 3, 2021)

A. A violation of any provision of this title shall constitute an infraction and will be grounds for issuance of a notice of violation and assessment of an administrative citation and penalty by the town or enforcement agency.

B. Enforcement actions under this title are issuance of an administrative citation and assessment of a fine. The town’s procedures on imposition of administrative citations and fines as contained in Title 1 are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations and fines issued to enforce this title and any rule or regulation adopted pursuant to this title, except as otherwise indicated in this title. Enforcement action pursuant to this title may be undertaken by the town, enforcement agency, or combination thereof.

C. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The town may pursue civil actions in the California courts to seek recovery of unpaid administrative citations, and fines. The town may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of town staff and resources. (Ord. 649 § 3, 2021)

A. Absent compliance by the respondent within the deadline set forth in the notice of violation, the town shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the jurisdiction’s policy/ordinance/guidelines or requirements contained in Chapter 1.21, Administrative Citations.

B. For the purposes of edible food recovery, the designee for edible food recovery shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the edible food recovery penalties provisions contained in this title.

C. Notices shall be sent to owner at the official address of the owner maintained by the tax collector for the jurisdiction 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, depending upon available information.

• D. Penalty Amounts for Edible Food Recovery 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. (Ord. 649 § 3, 2021)

The Atherton Municipal Code is current through Ordinance 679, passed May 20, 2026.

Disclaimer: The town clerk’s office has the official version of the Atherton Municipal Code. Users should contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above.

Town Website: www.ci.atherton.ca.us

Hosted by General Code.

Statutory References State Code Citation Table Ordinance List and Disposition Table

Statutory References

for California Cities

The statutory references listed below refer the code user to state statutes applicable to California cities. They are current through June 2023.

Note: The list of references includes references applicable to cities, generally; certain references may be applicable solely to chartered cities and others may not be applicable to chartered cities.

Accessory dwelling units. Gov’t Code § 65852.150 et seq.

Administrative fines and penalties. Gov’t Code § 53069.4

Alternative forms of government. Gov’t Code § 34851 et seq.

Authority to adopt, amend, revise or repeal city charters. Cal. Const. Art. XI, § 3 et seq.

Citations for infractions and misdemeanors. Penal Code §§ 853.5 – 853.85

Classifications of cities. Gov’t Code §§ 34100 – 34102

Code adoption. Gov’t Code §§ 50022.1 – 50022.10

Conflict of interest code. Gov’t Code § 87100 et seq.

Elections. Gov’t Code §§ 34050 and 36503 and Elec. Code §§ 1301, 9200 et seq., and 10100 et seq.

Expedited judicial review of First Amendment cases. Civ. Proc. Code § 1094.8

False petitions. Gov’t Code § 34093

General powers. Gov’t Code § 37100 et seq. and Cal. Const. Art. XI, § 7

Imprisonment. Gov’t Code §§ 36901 and 36903 – 36904

Initiative and referendum. Cal. Const. Art. XI, § 7.5 and Elec. Code §§ 9200 et seq. and 9235 et seq.

Judicial review of city decisions. Civ. Proc. Code § 1094.6

Ordinances. Gov’t Code § 36900 et seq.

Penalties for ordinance violations. Gov’t Code § 36900 et seq.

Police power. Cal. Const. Art. XI, § 7

Procedure for enactment or revision of city charters. Gov’t Code § 34450 et seq.

California Emergency Services Act. Gov’t Code § 8550 et seq.

Chief of police. Gov’t Code § 41601 et seq.

City assessor. Gov’t Code § 41201 et seq.

City attorney. Gov’t Code § 41801 et seq. City clerk. Gov’t Code § 40801 et seq. City manager. Gov’t Code §§ 34851 – 34859 City officers generally. Gov’t Code § 36501 City records. Gov’t Code §§ 34090 – 34090.7 City treasurer. Gov’t Code § 41001 et seq.

Election of legislative body by districts. Gov’t Code § 34870 et seq.

Elective mayor. Gov’t Code §§ 34900 – 34906

Fire department. Gov’t Code § 38611

Legislative body. Gov’t Code § 36801 et seq.

Local emergencies. Gov’t Code §§ 8630 – 8634

Local planning agencies. Gov’t Code § 65100 et seq.

Mayor. Gov’t Code §§ 36801 – 36803 and 40601 et seq.

Meetings (“Ralph M. Brown Act”). Gov’t Code § 54950 et seq.

Peace officer standards and training. Penal Code § 13500 et seq.

Personnel system. Gov’t Code § 45000 et seq.

Retirement systems. Gov’t Code § 45300 et seq. and 53060.1

Bradley-Burns Bill of Rights. Rev. & Tax. Code §§ 7221 – 7226

Bradley-Burns Uniform Local Sales and Use Tax Law. Rev. & Tax. Code § 7200 et seq. and Gov’t Code § 37101

Chartered city special assessment procedure. Gov’t Code § 43240

Claims against public entities. Gov’t Code § 900 et seq.

Contracting by local agencies (“Local Agency Public Construction Act”). Pub. Cont. Code § 20100 et seq.

Development fees. Gov’t Code § 66000 et seq.

Documentary Transfer Tax Act. Rev. & Tax. Code § 11901 et seq.

Financial powers. Gov’t Code § 37200 et seq.

Fiscal year in chartered cities. Gov’t Code §§ 43120 and 43122

Graffiti prevention tax. Rev. & Tax. Code §§ 7287 – 7287.10

Local agency service fees and charges. Gov’t Code § 66012 et seq.

Property tax assessment, levy and collection. Gov’t Code § 43000 et seq.

Public works and public purchases. Gov’t Code § 4000 et seq.

Special gas tax street improvement fund. Sts. & High. Code § 2113

Transfer of tax function to county. Gov’t Code § 51500 et seq.

Transient occupancy tax. Rev. & Tax. Code §§ 7280 – 7283.51

Unclaimed property. Civ. Code § 2080 et seq.

Uniform Public Construction Cost Accounting Act. Pub. Cont. Code § 22000 et seq.

Alcoholic beverages – Local authority. Bus. & Prof. Code §§ 23790 – 23791

Authority to license businesses. Gov’t Code § 37101 and Bus. & Prof. Code § 16000 et seq.

Automatic checkout systems. Civ. Code § 7100 et seq.

Bingo. Penal Code §§ 326.4 and 326.5

Charitable solicitations. Bus. & Prof. Code § 17510 et seq.

Commercial filming. Gov’t Code § 65850.1

Community antenna television systems. Gov’t Code § 53066 et seq.

Gambling Control Act. Bus. & Prof. Code § 19800 et seq.

Massage parlors. Gov’t Code § 51030 et seq.

Pet boarding facilities. Health & Safety Code § 122380 et seq.

Private Investigator Act. Bus. & Prof. Code § 7512 et seq.

Taxicabs and vehicles for hire. Veh. Code §§ 16500 et seq., 21100(b), and 21112 and Gov’t Code § 53075 et seq.

generally._ Food & Agric. Code § 16301 et seq.

Cruelty to animals. Penal Code § 596 et seq.

Dangerous and vicious dogs. Food & Agric. Code § 31601 et seq.

Dogs and dog licenses. Gov’t Code § 38792 and Food & Agric. Code § 30501 et seq.

Rabies control. Health & Safety Code § 121575 et seq.

Health and Safety

Delinquent garbage fees. Gov’t Code §§ 38790.1 and 25831

Fire prevention. Health & Safety Code § 13000 et seq.

Fireworks (permits). Health & Safety Code § 12640 et seq.

Fireworks (State Fireworks Law). Health & Safety Code §§ 12500 et seq.

Garbage and refuse collection and disposal. Pub. Res. Code § 49000 et seq. and Gov’t Code § 38790

Graffiti abatement. Gov’t Code §§ 38772 and 53069.3

Hospitals. Gov’t Code § 37600 et seq.

Littering. Penal Code § 374 et seq.

Local control of cannabis. Bus. & Prof. Code § 26200 et seq.

Medical cannabis ordinances. Health & Safety Code § 11362.83

Military equipment. Gov’t Code § 7070 et seq.

Noise control. Health & Safety Code § 46000 et seq. and Gov’t Code § 65302(f)

Nuisance abatement. Gov’t Code § 38771 et seq. and Penal Code §§ 370, 372, and 373a

Single-user restrooms. Health & Safety Code § 118600

Weed and rubbish abatement. Gov’t Code § 39501 et seq.

Crimes against property. Penal Code § 450 et seq.

Crimes against public health and safety. Penal Code § 369a et seq.

Crimes against public justice. Penal Code § 92 et seq.

Crimes against the person. Penal Code § 187 et seq.

Crimes against the public peace. Penal Code § 403 et seq.

Crimes involving sexual assault and against public decency. Penal Code § 261 et seq.

Criminal storage of firearms. Penal Code 25100 et seq.

Minors. Penal Code §§ 853.6a and 858(b) and Welf. & Inst. Code §§ 100 et seq. and 742.10 et seq. (graffiti) Weapons. Penal Code §§ 12001 et seq., 16000 et seq., 17500 et seq., and 19910 et seq.

Autonomous vehicles. Veh. Code §§ 38750 – 38755

Bicycles, electric bicycles, pedicabs (definitions). Veh. Code § 231 et seq., 21100(h), 21206, and 39000 et seq. Bicycles. Veh. Code §§ 21100 et seq., 21200 et seq., and 39000 et seq.

Curb markings. Veh. Code § 21458

Establishments of crosswalks. Veh. Code § 21106

Local traffic rules and regulations. Veh. Code § 21100 et seq.

One-way street designations. Veh. Code § 21657

Pedestrian rights and duties. Veh. Code § 21949 et seq.

Penalties. Veh. Code § 40000.1 et seq.

Speed limits. Veh. Code § 22348 et seq.

Stopping, standing, and parking. Veh. Code § 22500 et seq.

Through highways. Veh. Code §§ 21101(b), 21353, and 21354

Traffic control devices. Veh. Code § 21350 et seq.

Traffic signs, signals and markings. Veh. Code § 21350 et seq.

Turning movements. Veh. Code § 22100 et seq.

Vehicle weight limits. Veh. Code § 35700 et seq.

Violations. Veh. Code § 40000.1 et seq.

Advertising displays; signs. Gov’t Code §§ 38774 and 65850(b) and Bus. & Prof. Code § 5200 et seq.

Constructions of sidewalks and curbs. Sts. & High. Code § 5870 et seq.

Improvement Act of 1911. Sts. & High. Code § 5000 et seq.

Landscaping and Lighting Act of 1972. Sts. & High. Code § 22500 et seq.

Municipal parks. Pub. Res. Code § 5181 et seq.

Obstructions and encroachments of public ways. Gov’t Code § 38775

Tree Planting Act of 1931. Sts. & High. Code § 22000 et seq.

Underground utility districts. Sts. & High. Code § 5896.1 et seq. and Gov’t Code § 38793

Connection fees. Gov’t Code § 66013

Inventory of known lead user service lines. Health & Safety Code § 116885

Municipal sewers. Gov’t Code § 38900 et seq. and Health & Safety Code § 5470 et seq.

Municipal water systems. Gov’t Code § 38730 et seq.

Water wells. Water Code § 13700 et seq.

Buildings and Construction

Adoption of construction codes. Health & Safety Code §§ 17922, 17958, and 17958.5

Authority to regulate buildings and construction. Gov’t Code §§ 38601(b) and 38660

Inspection warrants. Civ. Proc. Code § 1822.50 et seq.

Manufactured housing and mobilehomes. Health & Safety Code §§ 18000 et seq. and 18200 et seq.

Signs. Gov’t Code §§ 38774 and 65850(b) and Bus. & Prof. Code § 5200 et seq.

State Housing Law. Health & Safety Code § 17910 et seq.

Subdivision Map Act. Gov’t Code § 66410 et seq.

Zoning

Family day care homes. Health & Safety Code § 1597.30 et seq.

Local authority to regulate land use. Gov’t Code § 65850

Local planning generally (“Planning and Zoning Law”). Gov’t Code § 65000 et seq.

Local zoning administration. Gov’t Code § 65900 et seq.

Open-space zoning. Gov’t Code § 65910 et seq.

Zoning fees and charges. Gov’t Code § 66014

California Environmental Quality Act. Pub. Res. Code § 21000 et seq.

California Noise Control Act of 1973. Health & Safety Code § 46000 et seq. and Gov’t Code § 65302(f) Drought tolerant landscaping. Gov’t Code § 53087.7

Online resource center – Municipal stormwater permit compliance. Water Code § 13383.9

Short-lived climate pollutants. Health & Safety Code § 39730.5 et seq. and Pub. Res. Code § 42652 et seq. Wildfire mitigation (electric utilities and electrical cooperatives). Pub. Util. Code § 8387

This table lists California state code sections that are cited in the Atherton Municipal Code.

Ordinance Number Description

• 1 Procedures for adopting ordinances (Repealed by 148) 2 Meetings of board of trustees (Repealed by 16) 3 Election Precinct No. 1 (Repealed by 416) 4 City seal adopted (1.12) 5 Establishes offices of health officer, attorney, building inspector and engineer (2.24) 6 Authorizes appointment of deputy marshals (Repealed by 309) 7 Prohibits discharge of firearms and explosives (Repealed by 210) 8 Prohibits camping and picnicking on public streets (12.16) 9 Establishes office of town electrician; adopts National Electrical Code (Repealed by 180)

• 10 Nuisances (8.20) 11 Adopts State Housing Act (Repealed by 25)

• 128 Defense council established (Repealed by 163) 129 Repeals Ord. 127 and reinstates § 5 of Ord. 95, zoning (Repealed by 146) 130 Taxation of property for 1941-1942 (Special) 131 Adds paragraph to § 10; changes the phrase “Map Act of 1929” to be “Subdivision Map Act throughout Ord. 94, subdivisions (Repealed by 152)

• 132 Culvert construction (12.12) 133 Regulates division of real property which does not constitute a “subdivision” (Repealed by 152)

• 134 Air raid regulations (Repealed by 416) 135 Taxation of property for 1942-1943 (Special) 136 Adopts Public Proclamation No. 10, as amended, restricted lighting during war emergency (Repealed by 308)

• 137 Amends § 4 of Ord. 134, air raid regulations (Repealed by 416) 138 Taxation of property for 1943-1944 (Special) 139 Amends Ord. 128 by changing the name of and the term of “Defense Council” to be “War Council” (Repealed by 163)

• 140 Compensation of judge; repeals Ord. 98 (Repealed by 308) 141 Sale of property to Southern Pacific Company (Special) 142 Planning commission created; repeals Ord. 62 (Repealed by 416) 143 Taxation of property for 1944-1945 (Special) 144 Contract for participation in California State Employees’ Retirement System (2.60) 145 Taxation of property for 1945-1946 (Special) 146 Zoning regulations; repeals Ords. 28, 29, 38, 95, 108, 111, 112, 115, 120, 124 and 125 (Repealed by 277)

• 147 Planning commission created (2.36) 148 Regulates the passing and posting of ordinances; repeals Ord. 1 (2.08) 149 Repeals Ord. 64 (Repealer) 150 Taxation of property for 1946-1947 (Special) 151 Amends §§ 1-1, 5-2, 7-3, 12, 13, 14 and 17 of Ord. 146, zoning (Repealed by 277) 152 Subdivision regulations; repeals Ords. 94 and 133 (Repealed by 441) 153 Street construction (Repealed by 235) 154 Taxation of property for 1947-1948 (Special)

The Atherton Municipal Code is current through Ordinance 679, passed May 20, 2026.

Disclaimer: The town clerk’s office has the official version of the Atherton Municipal Code. Users should contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above.

Town Website: www.ci.atherton.ca.us

Hosted by General Code.