Beaumont Municipal Code Art. VII Inspections and Enforcement

A. The City Manager, the City's solid waste franchisee, or designee is authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws. This may include inspections and investigations, at random or otherwise, of any container, collection vehicle load, or transfer, processing, or disposal facility to confirm compliance with this chapter, subject to applicable laws. This section does not allow entry in a private residential dwelling unit for inspection. For the purposes of inspecting collection containers for compliance, the City Manager or the City's solid waste franchisee 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 chapter shall provide or arrange for access during all inspections (with the exception of a private residential dwelling unit) and shall cooperate with the City Manager or the City's solid waste franchisee 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.

C. Any records obtained by the City Manager, the City's solid waste franchisee, 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.

D. The City, the City's solid waste franchisee or designee shall accept written complaints from persons regarding an entity that may be potentially non-compliant with this chapter.

(Ord. No. 1143, § 2(Exh. A), 11-16-2021, eff. 1-1-2022)

A. Pursuant to California Penal Code Section 836.5, any City code enforcement officer is authorized to enforce the provisions of this Chapter and as well as those of California Penal Code Sections 374, 374a, 374.2, 374.3, 374.4, 374d, 374.7, and 375; California Government Code Section 68055 et seq.; and California Vehicle Code Sections 23111 and 23112.

B. Any violation of this Chapter may be enforced in any manner authorized by law, including but not limited to, any enforcement mechanism set forth in the Act, a criminal citation, a civil citation, and/or administrative citation, or nuisance abatement action as authorized by the City's Municipal Code. The City may simultaneously pursue more than one method of enforcement for any violation of this Chapter.

(Ord. No. 1143, § 2(Exh. A), 11-16-2021, eff. 1-1-2022)

Except as otherwise provided in this Chapter, violations of this Chapter are punishable as set out in Chapter 1-17 of this Code.

(Ord. No. 1143, § 2(Exh. A), 11-16-2021, eff. 1-1-2022)

The City Council may, by resolution, establish fines and penalties for the violation of this Chapter and the Act.

(Ord. No. 1143, § 2(Exh. A), 11-16-2021, eff. 1-1-2022)

Violation of this Chapter shall be a misdemeanor. The City may cite violations as infractions where an appropriate downgrade is approved by the City Prosecutor or City Attorney.

(Ord. No. 1143, § 2(Exh. A), 11-16-2021, eff. 1-1-2022)

In any action or proceeding brought to enforce a violation of this Chapter, including but not limited to a nuisance abatement action and an action to foreclose on a special assessment, the prevailing party shall recover its reasonable attorney's fees and costs.

(Ord. No. 1143, § 2(Exh. A), 11-16-2021, eff. 1-1-2022)

A. Containers Subject to Impounding. Any container within the City that is not provided by the appropriate solid waste franchisee or approved by the City pursuant to an approved self-haul permit may be impounded in accordance with this Section. Containers used for composting at single-family residential premises, as allowed by Section 8.12.500(C) of this Code, shall not be subject to impounding pursuant to this section.

B. Notice to Remove. The public works director may cause a notice to remove to be posted on the illegal container. The notice to remove shall state that the Container must be removed from the premises within three calendar days from the date the notice is posted on the container or it will be removed and stored by the City and the contents disposed of at the expense of the owner of the container. The posting of the notice to remove constitutes constructive notice to the owner of the container and the person in charge of the premises that the container must be removed from the premises.

C. Removal of Containers. If the container is not removed within three calendar days of the notice to remove, the public works director may direct the removal and storage of the container and the disposal of its contents. The City may employ the services of its solid waste franchisee(s) or any other contractor to remove said containers. Any person whose duty it is to remove and store containers may enter upon private property with the consent of the owner or other person in charge of the premises, or by authority of a warrant, or without consent or a warrant if exigent circumstances exist.

D. Storage of Containers. After a container is removed and placed in storage, the director shall mail to the owner of the container a notice to claim the stored container, if the identity of the owner of the container is known. The director shall make reasonable efforts to identify the owner of a stored container. If the container is not claimed within 30 calendar days after notice to the owner is mailed, or 30 days after the container is removed if the owner is not known, the Container shall be deemed abandoned property and may be disposed of accordingly.

E. Release of Container. No container shall be released to its owner unless the owner has paid the City for the actual costs of the removal, storage and disposal of contents, plus any administrative and ancillary fees, fines or penalties established by resolution of City Council. All amounts due to the City shall constitute a civil debt owed to the City by the owner of the container.

(Ord. No. 1143, § 2(Exh. A), 11-16-2021, eff. 1-1-2022)