Hemet Municipal Code Art. II Solid Waste Management

In order to protect the public health, safety and well-being, and to prevent the spread of vectors, the owner or other person in charge of a premises shall make arrangements with the city or the city's solid waste franchisee for solid waste handling services.

All premises in the city must have the applicable solid waste handling services required under this chapter.

A violation of this section is a misdemeanor and punishable as provided in article VII of this chapter.

(Ord. No. 1890, § 1(Exh. A), 7-8-14)

(a) Use. Every person in charge of a premises shall:

(1) Keep on the premises a sufficient number of containers that will hold all solid waste, recyclable materials, and organic waste that accumulates on the premises each week without spilling, leaking, or emitting odors.

(2) Deposit or cause to be deposited all solid waste, recyclable materials and organic waste generated or accumulated on the premises into containers meeting the requirements of section 62-11(a)(1).

(3) Use those containers:

a. Provided by the appropriate solid waste franchisee; or

b. Approved by the city under a valid self haul permit for the premises.

(b) Placement for collection. To minimize interference with public rights-of-way, no person shall place a container in a public right-of-way for collection by the appropriate solid waste franchisee more than 24 hours prior to the normal collection time. Containers placed in a public right-of-way for collection shall be removed from the right-of-way within 24 hours after collection.

(c) Storage. Except during the time a cart or bin is placed for collection, no cart or bin shall be visible from the public right-of-way. A debris box may be placed in a location that is visible from the public right-of-way at a single-family residential premises for up to 30 consecutive days and for no more than 60 total days during any 12-month period.

(Ord. No. 1890, § 1(Exh. A), 7-8-14; Ord. No. 1908, § 1(Exh. A), 10-27-15)

(a) Until solid waste, recyclable materials or organic waste has been picked up by the appropriate solid waste franchisee, or is self hauled in accordance with a valid self haul permit, each person in charge of a premises shall be responsible for the cleanup of any and all solid waste, recyclable material, or organic waste generated or accumulated on the premises that is spilled on, at, or in the premises. This cleanup responsibility includes the cleanup of solid waste, recyclable materials and organic waste spilled for any reason, including but not limited to human or animal interference with a container, wind or other natural forces, at any time during storage, collection, removal, or transfer of the materials.

(b) The city's solid waste franchisee(s) shall clean up any solid waste, recyclable material, or organic waste spilled during its collection, removal, or transfer, as soon as the spill occurs.

(Ord. No. 1890, § 1(Exh. A), 7-8-14; Ord. No. 1908, § 1(Exh. A), 10-27-15)

All solid waste accumulating upon a premises must be disposed of as frequently as required to avoid an accumulation of solid waste in violation of section 30-32 but in no case shall disposal occur less frequently than one time per week, except that less than weekly disposal is permitted during any period of time the premises is temporarily unoccupied and solid waste is not accumulating on the premises due to out-of-town travel or other similar situations.

(Ord. No. 1890, § 1(Exh. A), 7-8-14)

(a) Pursuant to Division 30, Part 2, Chapter 8 of the Public Resources Code Section 41900 et seq., the city may impose fees on premises in amounts sufficient to pay the costs of preparing, adopting, and implementing a countywide integrated waste management plan, including the costs of preparing, adopting and implementing the city's required source reduction and recycling element, household hazardous waste element, and non-disposal facility element, and the costs of setting and collecting the fees.

(b) Pursuant to Division 30, Chapter 12 of the Public Resource Code, Section 18981.1 through Section 18998.4, the city may impose such fees or penalties as may be necessary in order to implement the requirements of SB 1383, the "short lived climate pollutants" program as set forth herein; said fees and penalties shall be for all required monitoring, auditing, inspections, enforcement and reporting requirements, or other requirements as determined by the city as established herein chapter 62, or as required of the city by the Public Resources Code. Said fees and penalties shall be in addition to the solid waste collection fees established by the designee (solid waste franchisee).

(Ord. No. 1890, § 1(Exh. A), 7-8-14; Ord. No. 1986, § 6, 12-14-21)

Single-family organic waste generators, except single-family generators that meet all applicable self-hauler requirements in this chapter and the Hemet Municipal Code:

(a) Shall subscribe to the City of Hemet's three-container organic waste collection services. The City of Hemet shall have the right to review the number, size, and location of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, generator shall adjust its service level for its collection services as requested by the City of Hemet.

(b) Shall participate in the City of Hemet's three-container system for source separated recyclable materials, source separated green container organic materials, and gray container waste collection services. Generator participation in the collection programs requires that generators place only approved materials in the appropriate colored containers. Generators shall not place materials designated for the gray container into the green container or blue container.

Notwithstanding the above, and in accordance with the SB 1383 regulations, the City of Hemet is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this chapter and the regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Labels will be placed on the new containers indicating the primary materials accepted and the primary materials prohibited in the containers. Until SB 1383 compliant colored containers are provided (blue container, green container, and gray container), single-family waste generators shall comply with the container label requirements.

(c) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(Ord. No. 1986, § 7, 12-14-21)

Commercial businesses, which includes multi-family residential dwellings, shall:

(a) Subscribe to the City of Hemet's three-container organic waste collection services. The City of Hemet shall have the right to review the number, size, and location of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial business shall adjust its service level for its collection services as requested by the City of Hemet.

(b) Participate in and comply with the City of Hemet's three-container (blue container, green container, and gray container) collection service by placing designated materials in designated containers. Generator shall place only approved materials in the appropriate colored containers. Generators shall not place materials designated for the gray container into the green container or blue container.

Notwithstanding the above, and in accordance with the SB 1383 regulations, the City of Hemet is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this chapter and the regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Labels will be placed on the new containers indicating the primary materials accepted and the primary materials prohibited in the containers. Until SB 1383 compliant colored containers are provided (blue container, green container, and gray container), commercial businesses shall comply with the container label requirements.

(c) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections (d)(1) and (d)(2) below), for employees, contractors, tenants and customers, consistent with the City of Hemet's blue container, green container, and gray container collection service.

(d) Excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic waste, and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

(1) A body or lid that conforms with the container colors provided through the collection service provided by the City of Hemet, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

(2) Container labels that include language or graphic images or both indicating the primary material accepted and the primary materials prohibited in that container or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labels are required on new containers commencing January 1, 2022.

(e) Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement pursuant to 14 CCR Section 18984.9(b).

(f) To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the City of Hemet's blue container, green container, and gray container collection service.

(g) Excluding multi-family residential dwellings, periodically inspect blue container, green container, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

(h) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.

(i) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.

(j) Provide or arrange access for the City of Hemet or its agent to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.

(k) If implemented, accommodate and cooperate with the City of Hemet's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator's compliance with this chapter. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and/or gray containers.

(l) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(m) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements of this chapter.

(n) Effective January 1, 2028, all existing developments, except single-family or multi-family residential development projects that do not necessitate communal or shared trash and recycling areas/containers, must also comply with the provisions of this section and section 90-1428 (trash enclosure upgrade program) of chapter 90 (zoning), article XL (off-street parking). The regulations in this section and section 90-1428 apply to refuse and recycling areas not accessible to the public and used exclusively by the tenants/owners of the development site. The community development director, or their designee, shall have the discretion, as outlined in this section and section 90-1428, to provide adjustments or exceptions to assist existing businesses with compliance with the city's trash enclosure upgrade program.

(Ord. No. 1986, § 7, 12-14-21; Ord. No. 2031, § 3, 2-27-24; Ord. No. 2068, § 1, 12-9-25)

(a) De minimis waivers: The City of Hemet may, at its discretion, waive a commercial business' obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business:

(1) Submits an application specifying the services that they are requesting a waiver from; and

(2) Provides documentation that either:

a. The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business' total waste; or,

b. The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten gallons per week per applicable container of the business' total waste; and

(3) Notifies the City of Hemet if circumstances change such that commercial business's organic waste exceeds the threshold required for waiver, in which case waiver will be rescinded; and

(4) Provides written verification of eligibility for de minimis waiver every five years, if the City of Hemet has approved de minimis waiver.

(b) Physical space waivers: The City of Hemet may, at its discretion, waive a commercial business' or property owner's obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the City of Hemet has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the collection containers required for compliance with the organic waste collection requirements of this chapter.

A commercial business or property owner may request a physical space waiver through the following process:

(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

(2) Provide documentation that the premises lack adequate space for blue containers and/or green containers, including documentation from its hauler, licensed architect, or licensed engineer.

(3) Provide written verification to the City of Hemet that it is still eligible for physical space waiver every five years, if the City of Hemet has approved application for a physical space waiver.

(c) Collection frequency waiver: The City of Hemet, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the City of Hemet's three-container organic waste collection service to arrange for the collection of their blue container, gray container, or both once every 14 days, rather than once per week.

(Ord. No. 1986, § 7, 12-14-21)

(a) Tier one commercial edible food generators must comply with the below requirements commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

(b) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

(c) Commercial edible food generators shall comply with the following requirements:

(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed.

(2) Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or, (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

(3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

(4) Allow the City of Hemet's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

c. A record of the following information for each of those food recovery services or food recovery organizations:

1. The name, address and contact information of the food recovery service or food recovery organization.

2. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

3. The established frequency that food will be collected or self-hauled.

4. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

(6) Commencing no later than January 1, 2022, for tier one commercial edible food generators and January 1, 2024, for tier two commercial edible food generators, commercial edible food generators shall provide a quarterly food recovery report to the City of Hemet which includes the information required in 14 CCR Section 18991.4 "record keeping requirements for commercial edible food generators."

(d) Nothing in this section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. No. 1986, § 7, 12-14-21)

(a) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

(1) The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

(2) The quantity in pounds of edible food collected from each commercial edible food generator per month.

(3) the quantity in pounds of edible food transported to each food recovery organization per month.

(4) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

(b) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

(1) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

(2) The quantity in pounds of edible food received from each commercial edible food generator per month.

(3) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

(c) Commencing January 1, 2022, food recovery organizations and food recovery services that have their primary address physically located in the City of Hemet and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the City of Hemet the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b), as applicable.

(d) Food recovery capacity planning. In order to support edible food recovery capacity planning assessments or other studies conducted by the city that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the City of Hemet shall provide information and consultation to the City of Hemet, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City of Hemet and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City of Hemet shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City of Hemet.

(e) Commencing no later than January 1, 2022, food recovery services and organization shall provide a quarterly report to the City of Hemet which includes the information required in 14 CCR Section 18991.5 "food recovery services and organizations."

(Ord. No. 1986, § 7, 12-14-21)

(a) Requirements for haulers.

(1) The city's authorized hauler providing residential, commercial or industrial organic waste collection services to generators within the City of Hemet's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City of Hemet to collect organic waste:

a. Through written notice to the City of Hemet annually on or before July 1st, identify the facilities to which they will transport organic waste including the facilities for source separated recyclable materials and source separated green container organic waste, as applicable.

b. Transport source separated recyclable materials and source separated green container organic waste to a facility, operation, activity, or property that recovers organic waste, as defined in 14 CCR, Division 7, Chapter 12, Article 2.

c. Obtain approval from the City of Hemet to haul organic waste, unless it is transporting source separated organic waste to a community composting site [or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and the Hemet Municipal Code.

d. The city's authorized hauler shall comply with education, equipment, signage, container labelling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, as may be amended from time to time.

e. Notwithstanding any the foregoing, nothing in this chapter shall restrict or otherwise prohibit the city's authorized hauler from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 regulations, and/or any other applicable law, as may be amended from time to time.

(b) Requirements for facility operators and community composting operations.

(1) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the City of Hemet's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City of Hemet shall respond within 60 days.

(2) Community composting operators, upon City of Hemet request, shall provide information to the City of Hemet to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the City of Hemet shall respond within 60 days.

(Ord. No. 1986, § 7, 12-14-21)

In addition to any other requirements for self-haulers as contained in chapter 62, article IV, the following shall apply:

(a) Authorized self-haulers shall source separate all recyclable materials and organic waste (materials that the City of Hemet otherwise requires generators to separate for collection in the City of Hemet's organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

(b) Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.

(c) Self-haulers that are commercial businesses (including multi-family residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the City of Hemet. The records shall include the following information:

(1) Delivery receipts and weight tickets from the entity accepting the waste.

(2) The amount of material in cubic yards or tons transported by the generator to each entity.

(3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

(Ord. No. 1986, § 7, 12-14-21)

As applicable, all persons and/or entities subject to California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, shall comply with the following provisions of CALGreen, as amended July 1, 2019 and effective January 1, 2020:

(1) Section 4.410.2 recycling by occupants residential and Section 5.410.1 recycling by occupants non-residential.

(2) For organic waste commingled with construction and demolition debris, Section 4.408.1 construction waste management residential and Section 5.408.1 construction waste management non-residential.

If, after the adoption of this chapter, Sections 4.408.1,4.410.2, 5.408.1, and 5.410.1 of CALGreen are amended in a manner that requires the City of Hemet to incorporate the requirements in an updated local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen shall be enforced.

(Ord. No. 1986, § 7, 12-14-21)

As applicable, all persons and/or entities subject to the MWELO shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G), as amended September 15, 2015. The MWELO compliance items listed herein are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined herein shall consult the full MWELO for all requirements.

If, after the adoption of this chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that requires the City of Hemet to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.

(Ord. No. 1986, § 7, 12-14-21)

(a) City of Hemet departments, and direct service providers to the City of Hemet, as applicable, must comply with the City of Hemet Recovered Organic Waste Product procurement policy and recycled-content paper procurement policy.

(b) All vendors providing paper products and printing and writing paper shall:

(1) If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items.

(2) Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.

(3) Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the City of Hemet. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

(4) Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the City of Hemet is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).

(5) Provide records to the City of Hemet or its designee, of all paper products and printing and writing paper purchases within 30 days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the City of Hemet. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in subsections (3) and (4) for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.

(Ord. No. 1986, § 7, 12-14-21)

(a) City of Hemet representatives and/or its designated entity, including designees 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 of Hemet 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 of Hemet 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) Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with City of Hemet employees or its designated entity/designee 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 (ii) 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 of Hemet 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 of Hemet representatives, its designated entity, and/or designee 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 of Hemet shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.

(Ord. No. 1986, § 7, 12-14-21)

(a) Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by an enforcement official or representative. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The City of Hemet'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 chapter and any rule or regulation adopted pursuant hereto, except as otherwise indicated.

(b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The City of Hemet may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City of Hemet 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 City of Hemet staff and resources.

(c) Enforcement pursuant to this chapter may be undertaken by the enforcement official, which may be the city manager or their designated entity, legal counsel, or combination thereof.

(d) Process for enforcement.

(1) Enforcement officials and/or their designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program, which may include remote monitoring.

(2) The City of Hemet may issue an official notification to notify regulated entities of its obligations under this chapter.

(3) For incidences of prohibited container contaminants found in containers, the jurisdiction will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within 30 days after determining that a violation has occurred. If the City of Hemet or its authorized designee observes prohibited container contaminants in a generator's containers on three consecutive occasions within a six-month time period, the City of Hemet may assess contamination processing fees or contamination penalties on the generator.

(4) With the exception of violations of generator contamination of container contents, the City of Hemet shall issue a notice of violation requiring compliance within 60 days of issuance of the notice.

(5) Absent compliance by the respondent within the deadline set forth in the notice of violation, the City of Hemet shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the Hemet Municipal Code.

Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the City of Hemet 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.

(e) Penalty amounts for types of violations.

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

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

(3) For a third or subsequent violation, the amount of the base penalty shall be $250.00 to $500.00 per violation.

(f) Factors considered in determining penalty amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:

(1) The nature, circumstances, and severity of the violation(s).

(2) The violator's ability to pay.

(3) The willfulness of the violator's misconduct.

(4) Whether the violator took measures to avoid or mitigate violations of this chapter.

(5) Evidence of any economic benefit resulting from the violation(s).

(6) The deterrent effect of the penalty on the violator.

(7) Whether the violation(s) were due to conditions outside the control of the violator.

(g) Compliance deadline extension considerations. The City of Hemet may extend the compliance deadlines set forth in a notice of violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters,

(2) Delays in obtaining discretionary permits or other government agency approvals; or,

(3) Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the City of Hemet is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

(h) Appeals process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with City of Hemet's procedures for appeals of administrative citations. Evidence may be presented at the hearing. The City of Hemet will appoint a hearing officer who shall conduct the hearing and issue a final written order.

(i) Education period for non-compliance. Beginning January 1, 2022 and through December 31, 2023, the City of Hemet will conduct inspections, remote monitoring, route reviews, waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if City of Hemet determines that organic waste generator, self-hauler, hauler, 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.

(j) Civil penalties for non-compliance. Beginning January 1, 2024, if the City of Hemet determines that an organic waste generator, self-hauler, hauler, tier one or tier two 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, issue a notice of violation, and take enforcement action pursuant to this chapter and state law, as needed.

(Ord. No. 1986, § 7, 12-14-21)

(a) A business that generates four cubic yards or more of commercial solid waste per week or is a multifamily residential dwelling of five units or more shall arrange for recycling services by subscribing to the [city's franchisee] for the pick-up of recyclable materials.

(b) A business subject to subsection (a) and that provides customers access to the business shall provide, on or before July 1, 2020, customers with a commercial solid waste recycling bin or container to collect material purchased on the premises and that fulfills all of the following requirements:

(1) Is adjacent to each bin or container for trash other than recyclable commercial solid waste, except in restrooms.

(2) Is visible and easily accessible.

(3) Is clearly marked with educational signage indicating what is appropriate to place in the commercial solid waste recycling bin or container in accordance with state law and the City of Hemet's solid waste ordinances and practices.

Full-service restaurants are exempt from the requirements of this subdivision if the full-service restaurant, on or before July 1, 2020, provides its employees a commercial solid waste recycling bin or container to collect material purchased on the premises and implements a program to collect recyclable commercial solid waste.

For a park that is subject to subsection (a), this subsection shall apply on and after January 1, 2022.

(c) The City of Hemet may charge and collect a fee from any business that fails to comply with this section in order to recover the costs incurred in enforcing compliance this section.

(Ord. No. 1986, § 7, 12-14-21)

(a) A business that generates two cubic yards or more of commercial solid waste per week, shall arrange for recycling services specifically for organic waste by subscribing to the [city's franchisee] for the pick-up of organic materials.

(b) A business subject to subsection (a) and that provides customers access to the business shall provide, on or before July 1, 2020, customers with an organic waste recycling bin or container to collect material purchased on the premises for immediate consumption and that fulfills all of the following requirements:

(1) Is adjacent to each bin or container for trash other than recyclable organic waste, except in restrooms.

(2) Is visible and easily accessible.

(3) Is clearly marked with educational signage indicating what is appropriate to place in the organic waste recycling bin or container in accordance with state law and the City of Hemet's solid waste ordinances and practices.

For a park that is subject to subsection (a), this subsection shall apply on and after January 1, 2022.

(c) When arranging for gardening or landscaping services, the contract or work agreement between a business subject to this section and a gardening or landscaping service shall require that the organic waste generated by those services be managed in compliance with this section.

(d) The City of Hemet may charge and collect a fee from any business that fails to comply with this section in order to recover the City of Hemet's costs incurred in enforcing compliance this section.

(e) A multifamily residential dwelling that consists of fewer than five units is not a business for purposes of this section.

(Ord. No. 1986, § 7, 12-14-21)

In the event state and/or federal law or regulations are implemented which are more stringent or comprehensive than the requirements of this chapter related to organic waste disposal and/or diversion, all residents and/or businesses, as applicable, shall be responsible for complying with those requirements.

(Ord. No. 1986, § 7, 12-14-21)