Eastvale Municipal Code Art. VIII Enforcement

(a) City employees, designee, and/or its solid waste franchisee are 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 this chapter, subject to applicable laws. This section does not allow the city to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with this chapter, the city may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring, where applicable.

(b) Persons in charge shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with city employees, designee, and/or its solid waste franchisee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of remote monitoring equipment, where required; or (iii) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

(c) Any records obtained by a city during its inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

(d) City employees, designee, and/or its solid waste franchisee are authorized to conduct any inspections, remote monitoring or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

(e) The city shall receive written complaints from persons regarding an entity that may be potentially non-compliant with this chapter, including receipt of anonymous complaints.

(Ord. No. 22-02, § 2(Exh. A), 2-9-2022)

(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 an administrative citation, criminal citation, nuisance abatement action, or civil action.

(Ord. No. 22-02, § 2(Exh. A), 2-9-2022)

Except as otherwise provided in this chapter, violations of this chapter are punishable as set out in chapters 1.01 and 8.17 of this Code.

(Ord. No. 22-02, § 2(Exh. A), 2-9-2022)

Violation of this chapter shall be a misdemeanor.

(Ord. No. 22-02, § 2(Exh. A), 2-9-2022)

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. 22-02, § 2(Exh. A), 2-9-2022)