Kern County Municipal Code Ch. 8.28 Solid Waste

Unless otherwise stated, the provisions of this chapter shall be effective in the entire unincorporated area of the county.

(Ord. G-6530 § 3 (part), 1998)

For the purposes of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning:

A. "Appeal board" means the hearing board designated by the board of supervisors pursuant to Government Code Section 25845 to hear matters concerning the abatement of a nuisance by the county.

B. "Collect" or "collection" (or any variation thereof) means the act of collecting discarded materials at the place of generation in the county.

C. "Commercial business" or "commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6).

D. "Commercial edible food generator" means a tier one (1) commercial edible food generator or tier two (2) commercial edible food generator, or as otherwise defined in 14 CCR Section 18982(a)(7). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food Generators, or as otherwise specified by 14 CCR Section 18982(a)(7).

E. "Community composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet; or as otherwise defined in 14 CCR Section 18982(a)(8).

F. "Container" means any can, tank, bin, cart, receptacle or box used or intended to be used for the purpose of holding discarded materials (see also "one-container system," "two-container system" and "three-container system."

G. "County" means the county of Kern, California, a political subdivision of the state, acting through its board of supervisors.

H. "County resource management facility" means a facility that has been approved by the county to accept discarded materials from the county's recyclable materials collection program, organic materials collection program, or discarded materials collection program, including material from approved self-haulers; or is otherwise approved to accept discarded materials generated in the county. This may include, but is not limited to material recovery facilities, recycling centers, composting facilities, transfer stations, and approved disposal sites.

I. "Discarded materials" means any one (1) or combination of solid waste, recyclable materials, organic materials, or other material discarded by a generator.

J. "Edible food" means food intended for human consumption. For the purposes of this chapter, edible food is not discarded materials if it is recovered and not discarded. Nothing in this chapter requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

K. "Enforcement officer" means the director of the public works department or his/her designee. When enforcing the provisions of this chapter, the employees of the enforcement officer shall have the power to make arrests for violation of the provisions of this chapter which occur in their presence and to issue citations for such violation in accordance with Chapter 5 of Title 3 of Part 2 of the Penal Code of the State of California.

L. "Food recovery" means actions to collect and distribute food for human consumption which otherwise would be disposed; or as otherwise defined in 14 CCR Section 18982(a)(24).

M. "Food recovery organization" means an entity that primarily engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.

N. "Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery; or as otherwise defined in 14 CCR Section 18982(a)(26).

O. "Franchise agreement" means the agreement entered into between the county and the grantee under the provisions of chapter 5.36 which authorizes/requires the grantee to provide discarded materials handling services in a specified franchise zone.

P. "Franchise hauler" means any person who engages in the business of collecting and removing garbage and refuse and who has been awarded a franchise by the board of supervisors pursuant to the provisions of Chapter 5.36 of this code.

Q. "Generator" means any person whose act or process generates or produces discarded materials, or whose act first causes discarded materials to become subject to regulation under the county code or federal, state, or local regulations.

R. "Home generated sharps waste" means any home generated waste that was used in the treatment of human beings or animals and is either biohazardous or sharps (hypodermic needles, etc.) as defined in the Health and Safety Code.

S. "Multi-family dwelling" or "multi-family" means any residential premises with five (5) or more dwelling units, regardless of whether residence therein is temporary or permanent.

T. "One-container system" means a collection system in which the generator is not required to source separate discarded materials for collection. All discarded material is to be combined and placed into one (1) container.

U. "Organic materials" means any combination of food waste and green waste. Organic materials is a subset of organic waste.

V. "Organic waste" means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46).

W. "Owner" means the person holding the legal title or having a right to possession of the real property constituting the collection premises to which discarded materials collection service is provided or required to be provided hereunder.

X. "Person" means an individual, association, co-partnership, political subdivision, government agency, municipality, industry, public or private corporation, firm, organization, partnership, joint venture or any other entity whatsoever.

Y. "Premises" includes the property, easements abutting sidewalks, alleyways and the untraveled portion of an abutting public street.

Z. "Process" or "processing" refers to the controlled separation, recovery, volume reduction, conversion, or recycling of recyclable materials or organic waste prior to the delivery of such material to the county resource management facility. Processing activities may include, but are not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).

AA. "Public official" means the director of the public works department or their designees.

BB. "Recyclable materials" means newspaper, cardboard, mixed color paper, white paper, junk mail, magazines, telephone books, paper bags, cereal and food boxes, egg cartons, plastic bottles and containers labeled #1—7, plastic milk containers, plastic bags, detergent containers, clear, brown, and green food and beverage container glass, containers of aluminum, steel, tin, food cans, empty aerosol cans, pipe tins or other materials having economic value contained within a load of recyclable materials, and may also include any other type of recyclable waste material agreed on by the parties in the franchise agreement.

CC. "Recycle," "recycled," or "recycling" means the process of collecting, sorting, cleansing, treating, reconstituting, or otherwise processing materials that are or would otherwise become solid waste and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

DD. "Residential" means of, from, or pertaining to a single-family premises or multi-family premises, including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, cooperative apartments, or other premises that are or may be designated as residential by the county.

EE. "Self-haul" or any variation thereof, means the removal and transport of discarded materials by any: i) commercial business owner, operator, property manager, or employee; ii) multi-family building owner, property manager, or employee; iii) residential generator; or, iv) any other generator type, to a county resource management facility or other expressly approved site, provided that they use their own vehicle and the discarded materials were generated in or on their own premises. Self-haul includes a generator who back-hauls waste, as defined in 14 CCR Section 18982(a)(66)(A). Self-haul does not include any contractors or other entities that receive compensation for discarded materials removal service.

FF. "Single-family dwelling" or "single-family" means any residential premises with less than five (5) dwelling units.

GG. "Solid waste" means, except as provided in subsection 5.36.020(M) or other then applicable law, all putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances (subject to salvage and other special handling requirements under then applicable law and regulation), dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.

1. "Solid waste" does not include hazardous waste and does not include radioactive waste regulated under the Radiation Control Law (Chapter 8, commencing with Section 114960) of Part 9 of Division 104 of the California Health and Safety Code);

2. "Solid waste" does not include medical waste (except treated medical waste) which is regulated pursuant to the Medical Waste Management Act (Chapter 6.1, commencing with Section 25015 of Division 20 of the California Health and Safety Code);

3. "Solid waste" does not include petroleum or a petroleum product or fraction thereof at reasonably detectable levels, asbestos and, with respect to a particular solid waste facility, any waste or material which a regulatory agency, the facility's solid waste facility permit or county policy, does not allow to be accepted for transfer, processing, composting, transformation or disposal at that facility; and

4. "Solid waste" does not include items which would be recyclable materials but for the fact that they are personally separated from other solid waste by the generator thereof and are donated or sold to third parties. For purposes of this chapter, no donation or sale shall be deemed to have occurred in any instance where a generator directly or indirectly pays the third party any sum (including, without limit, as a consulting fee, container rental or other fees or tangible consideration) either: (1) in lieu of being directly charged for collecting, transporting, processing or recycling such item; or (2) to offset the payment to the generator for the purported sale of such item to the third party. Nor shall the receipt of a discount of, or reduction in, the disposal service rate on unsegregated solid waste containing such an item be deemed to be the donation or sale of such an item to a third party.

5. "Solid waste" does not include items which would be organic materials, as defined in Section 8.28.020 of this code, but for the fact that they are personally separated from other solid waste by the generator.

HH. "Source separated" means the segregation, by the generator, of materials designated for separate collection for some form of recycling, composting, processing, recovery, or reuse.

II. "Two-container system" means a collection system in which generators may choose to separate discarded materials into two (2) streams; solid waste and one (1) of the following: source separated recyclable materials or source separated organic materials.

JJ. "Three-container system" means a collection system in which generators are required to source separate discarded materials into three (3) streams: solid waste, source separated recyclable materials and source separated organic materials for placement in containers specifically designated for those materials.

KK. "Tier one commercial edible food generator" means a commercial edible food generator as defined in 14 CCR Section 18982.

LL. "Tier two commercial edible food generator" means a commercial edible food generator as defined in 14 CCR Section 18982.

(Ord. G-7066 § 2, 2004: Ord. G-6530 § 3 (part), 1998)

(Ord. No. G-8035, § 23, 4-20-10; Ord. No. G-8909, § 2, 2-25-20; Ord. No. G-9091, § 14, 3-15-22)

A. It shall be the duty of all property owners to ensure that discarded material containers are available upon the premises of any property where discarded materials are generated.

1. Discarded material containers shall be constructed to be appropriate for discarded material types and provided with a tight-fitting cover and handles. Each container (including commercial type bins) shall be made of metal, plastic/resin or of such other materials, meet the color specifications outlined in the franchise agreement, include proper labeling and design as may be approved for such use by the public official. The cover shall not be removed except when necessary to place discarded materials therein or to remove discarded materials therefrom. Each container and its cover shall be kept clean and free from accumulating grease and decomposing material.

2. The number and size of containers shall be adequate to contain the discarded materials generated upon the premises. The county shall have the right to review the number and size of a generator's containers to evaluate the adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, generators shall adjust its service level for its collection services as requested by the county.

B. The franchise hauler shall furnish all discarded material containers to serve all customers in the county that subscribe to franchise hauler's collection services, unless fulfilling self-hauling requirements listed under Section 8.28.062.

C. The franchise hauler will provide customers with a one-container, two-container or three-container system as directed by the terms of the franchise agreement.

D. Commercial generators, and multi-family residential dwellings, subscribed to a three-container system shall:

1. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming to Section 8.28.061(B) below) for employees, contractors, tenants, and customers consistent with county's container requirements.

2. Periodically inspect source separated recyclable materials and organic materials 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).

E. A commercial business generator, excluding multi-family dwellings, subscribed to a three-container system shall:

1. Provide containers for the collection of source separated materials in all indoor and outdoor areas where discarded materials containers are provided for customers, for materials generated by that business, in accordance with the franchise hauler's three-container system as defined in the franchise agreement. 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 (1) 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:

a. A body or lid that conforms with the container colors provided through the collection service provided by franchise hauler, 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.

b. 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 labeling requirements are required on new containers commencing January 1, 2022.

2. Prohibit employees from placing materials in a container not designated for those materials per the franchise hauler's collection service system to the extent practical through education, training, inspection, and/or other measures.

(Ord. G-6530 § 3 (part), 1998)

(Ord. No. G-8909, § 3, 2-25-20; Ord. No. G-9091, § 15, 3-15-22)

Containers intended for collection by a franchise hauler shall be placed at the curb, alley or other location accessible to the franchise hauler and as approved by the public official, at a time designated by the franchise hauler for collection. Following collection by the franchise hauler, containers shall be removed from any public right-of-way and returned to a storage location on the premises. Storage locations shall be behind the required front yard setback or in required enclosures.

(Ord. G-6530 § 3 (part), 1998)

(Ord. No. G-8909, § 4, 2-25-20)

Home generated sharps waste shall be placed into a puncture proof, rigid container or legal sharps container prior to disposal at an authorized home generated sharps consolidation point, authorized sharps mail-back program or other disposal location permitted by the Health and Safety Code.

(Ord. G-6530 § 3 (part), 1998)

(Ord. No. G-8909, § 5, 2-25-20)

No person, other than the owner of the solid waste, or his agents or employees, shall scavenge, tamper with or salvage from any container used for holding solid waste and source separated recyclable materials.

(Ord. G-6530 § 3 (part), 1998)

(Ord. No. G-8909, § 6, 2-25-20)

A. It shall be the duty of every person who is the owner of any single-family, multi-family, or commercial property or any temporary or mobile food facility within the County, to provide for themselves or obtain from a franchise hauler, and at all times to keep on the premises, portable discarded materials containers, that meet the specifications outlined in Section 8.28.030 of this code, for holding discarded materials as prescribed by the franchise hauler's one-container, two-container or three-container system. In the event that a conflict exists between the property owner and the person in charge or control of the property on a day to day basis, the property owner shall be responsible for compliance with this code.

B. It shall be the duty of every person who is the owner of any single-family, multi-family, or commercial property or mobile food facility within the county to make arrangements for the proper collection and disposal of discarded materials generated or accumulated on the premises in accordance with the franchise hauler's one-container system, two-container or three-container system.

1. It shall by the duty of every generator of discarded materials to participate in the franchise hauler's one-container system, two-container or three-container system, as defined in the franchise agreement, by placing designated materials in designated containers as described in the franchise agreement.

a. Generators may self-haul discarded materials if they meet the self-haul requirements prescribed in this chapter.

b. Generators may manage their source-separated organic waste by preventing or reducing their organic waste, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

C. All discarded materials shall be removed from the premises and transported and properly disposed at a county resource management facility, all in compliance with applicable sections of this code, at least once per week, or, unless otherwise determined by franchise hauler and approved by the public works director or his/her designee, whereupon notice in writing specifying the days of collection shall be given by the franchise hauler to all persons within the unincorporated areas of the county of whom the service is rendered.

1. Generators may apply for a collection frequency waiver as described in Section 8.28.063 of this code.

2. Except in any universal collection area, each person required by this section to arrange for, or participate in, discarded materials disposal shall either employ the services of a franchise hauler or provide such disposal services themselves by meeting the self-hauler requirements outlined in this chapter.

D. In addition to the requirements in subsection A, commercial generators, and multi-family residential dwellings, (except commercial generators that meet the self-hauler requirements in Section 8.28.062 of this code) shall:

1. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated recyclable materials and organic materials per the franchise hauler's one-container, two-container or three-container collection system.

2. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated organic waste and source separated recyclable materials separate from solid waste or discarded waste (when applicable) and the location of containers and the rules governing their use at each property. Provide or arrange access for county or its designee to their properties during all inspections conducted to confirm compliance with the requirements of this chapter. If a commercial business wants to self-haul, they must meet the self-hauler requirements in Section 8.28.062 of this chapter. 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).

E. Organic waste generators such as gardeners, landscapers, tree trimmers and other entities providing services on commercial and residential properties, are required to source-separate organic waste and transport to a solid waste facility, operation, activity or property that processes or recovers source-separated organic waste. Organic waste may be hauled to a high diversion organic waste processing facility. Organic waste generators shall keep a record of the amount of source separated organic waste delivered to each county resource management facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the county.

(Ord. G-6697 § 3, 2000: Ord. G-6530 § 3 (part), 1998)

(Ord. No. G-9091, § 16, 3-15-22)

A. Generators or other approved entities may opt to self-haul, as defined, their own discarded materials to a county resource management facility, with the approval of the public works director, or his/her designee, provided that their own vehicle is used and the discarded materials are generated in or on their own premises.

B. Self-haulers shall source separate all recyclable materials and organic waste materials (materials that the franchise hauler otherwise collects in their organics and recycling collection services) 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.

C. Self-haulers shall haul their source separated recyclable materials to a county resource management facility that recovers those materials; and haul their source separated organic waste to a county resource management 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.

1. Self-haulers must properly separate all materials and deposit materials in appropriate containers or designated areas at the county resource management facility and must follow all other applicable rules and regulations.

D. Self-haulers must dispose of discarded materials at intervals determined satisfactory by the public works director.

E. Self-haulers that are commercial businesses shall keep a record of the amount of source separated organic waste delivered to each county resource management facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the jurisdiction. 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, 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.

F. A residential organic waste generator that self-hauls source separated organic waste is not required to record or report information.

(Ord. No. G-9091, § 17, 3-15-22)

Commercial businesses, and multi-family dwellings, that participate in a franchise hauler's three-container system in a universal collection area or a franchise zone, may apply for waivers where practical difficulties make it impossible or extremely difficult to carry out the strict letter of this chapter with respect to any particular premises or where unnecessary hardship will be caused by complying with this chapter with respect to any particular premises. Under these circumstances, the public works director or his/her designee may issue special written permits (waivers) authorizing variations from the provisions of this chapter, subject to such terms and conditions as may deemed necessary to protect the public health and safety of the county. Special written permits include:

A. De Minimis Waivers. The County may waive a commercial business's obligation (and multi-family residential dwelling's obligations) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in Section 8.28.063(b) below. Commercial businesses requesting a de minimis waiver shall:

1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 8.28.063(b) below.

2. Provide documentation that either:

a. The commercial business's total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a blue or green container comprises less than twenty (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 (2) cubic yards per week and organic waste subject to collection in a blue or green container comprises less than ten (10) gallons per week per applicable container of the business' total waste.

c. The commercial business is located in a geographic area of the unincorporated County covered by low-population waivers issued by the state pursuant to California Code of Regulations, Title 14, Section 18984.12(a) and the commercial business' total solid waste collection service is less than two (2) cubic yards per week.

3. Notify jurisdiction if circumstances change such that commercial business's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

4. Provide written verification of eligibility for de minimis waiver every five (5) years, if jurisdiction has approved de minimis waiver.

B. Physical Space Waivers. The county may waive a commercial business' or property owner's obligations (and multi-family residential dwellings ) to comply with some or all of the organic waste collection service requirements if the jurisdiction has evidence from its own staff, a hauler, licensed architect, or licensed engineer, demonstrating that the premises lack adequate space for compliance with the organic waste collection requirements of this chapter.

A physical space waiver may also be requested if a commercial business or property owner documents that the premises lacks adequate space for source separated organic waste and recyclables containers.

Commercial business, business owner, or property owner requesting a physical space waiver shall:

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

a. Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.

b. Provide written verification to jurisdiction that it is still eligible for physical space waiver every five (5) years, if jurisdiction has approved application for a physical space waiver.

2. Collection Frequency Waivers. The county, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the organic waste generator including owner or tenant of any residence, premises, business establishment or industry that subscribes to the jurisdiction's three-container waste collection service to arrange for the collection of their recyclable materials container, solid waste container, or both once every fourteen (14) days, rather than once per week.

(Ord. No. G-9091, § 17, 3-15-22)

A. Tier one commercial edible food generators must comply with the requirements of this section 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. 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 jurisdiction's designated 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:

i. The name, address and contact information of the service or organization.

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

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

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

C. 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.

D. Nothing in this chapter 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. G-9091, § 17, 3-15-22)

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 that the service collects edible food from.

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 that the organization receives edible food from.

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. Food recovery organizations and food recovery services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement with them.

D. Food recovery organizations and food recovery services that have their primary address physically located in the jurisdiction and contract with or have written agreements with one (1) or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the jurisdiction 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 CRR Section 18991.3(b) no later than February 1 of each year

E. Food recovery services and food recovery organizations operating in the county shall provide information and consultation to the county, upon request, to support edible food recovery capacity planning assessments or other studies that are conducted by the county or its designated entity. A food recovery service or food recovery organization shall respond to request for information within sixty (60) days unless another timeframe is specified by the county.

(Ord. No. G-9091, § 17, 3-15-22)

A. It is unlawful for any person to transport in or upon any vehicle, over any public thoroughfare within the unincorporated area of the county, any solid waste, unless the solid waste is completely covered or secured in a manner preventing it from falling or blowing away from the transporting vehicle.

B. It is unlawful for any person that owns a vehicle to knowingly permit any other person to transport solid waste in or upon that vehicle, over any public thoroughfare within the unincorporated area of the county, unless the solid waste is completely covered or secured in a manner preventing it from falling or blowing away from the transporting vehicle.

C. Any person who violates this section is subject to an administrative penalty under Chapter 8.54 of this code.

(Ord. G-6530 § 3 (part), 1998)

(Ord. No. G-8985, § 2, 1-5-21)

A. Any person who:

1. Fails to arrange for the disposal of discarded materials generated on property which that person owns, occupies or is the person responsible for day-to-day operations thereof; or

2. Causes, maintains or permits discarded materials to be deposited within the county in any manner that violates the provisions of this chapter; or

3. Causes or permits the deposit of discarded materials on the right-of-way of any public highway, street, easement or thoroughfare, or upon any camping place or public grounds, or on any premises, or in any container, without the permission of the owner thereof, or into any stream or dry watercourse, within the county of Kern, state of California, and outside of the incorporated cities; or

4. Causes, maintains or permits the accumulation of discarded materials which creates an unsanitary condition or permits or encourages the accumulation or breeding of vectors, or causes, maintains or permits discarded materials to be placed in a container other than provided in this chapter, may be charged with a misdemeanor punishable as provided in Section 1.12.030 of this code. Any person who violates this section is also subject to an administrative penalty under Chapter 8.54 of this code, in the amount of one thousand dollars ($1,000.00) for the first violation and one thousand five hundred dollars ($1,500.00) for any subsequent violation within one (1) year from the date of the first violation.

B. Any of the acts set forth in subsection (A) of this section shall also be deemed to be a "public nuisance" subject to the abatement procedures set forth in Chapter 8.44 of this code.

C. For purposes of subsection (A) of this section, the presence of at least two (2) pieces of addressed mail or other identifying information in the dumped material shall be deemed to create a rebuttable presumption that the person so identified is responsible for the dumped material and is subject to the penalties and remedies provided for in this section.

(Ord. G-6697 § 4, 2000: Ord. G-6530 § 3 (part), 1998)

(Ord. No. G-8985, § 3, 1-5-21; Ord. No. G-9091, § 18, 3-15-22)

The board of supervisors may, by resolution, establish universal collection areas for the disposal of discarded materials. The boundaries of such areas shall be reviewed periodically and amended as necessary to provide universal discarded material collection service to areas deemed by the board of supervisors, in its discretion, to require such service. Some universal collection areas may be established to provide transfer station services for the disposal of discarded materials. Such areas will be referred to as alternate universal collection areas.

(Ord. G-6697 § 5, 2000)

(Ord. No. G-8129, § 2, 3-15-11; Ord. No. G-9091, § 19, 3-15-22)

A. Within any universal collection area established by the board of supervisors pursuant to this chapter, and except as provided in subsection (B) herein below and permitted by Section 8.28.083, the owner of each premises used as an occupied residence, place of business, or other building or place where persons reside, congregate or are employed, shall subscribe to, pay for and thereafter use regularly scheduled one-container, two-container or three-container collection service from a franchise hauler. Discarded material collection and related services will be provided by the franchise hauler as required by the then current franchise agreement with that franchise hauler.

B. Within any alternate universal collection area established by the board of supervisors pursuant to this chapter and except as permitted by Section 8.28.083, the owner of each premises used as an occupied residence, or other building or place where persons reside, shall subscribe to, pay for and thereafter use one-container, two container or three-container or use disposal services provided by a county resource management facility.

(Ord. G-6697 § 6, 2000)

(Ord. No. G-8129, § 2, 3-15-11; Ord. No. G-9091, § 20, 3-15-22)

A. Undeveloped property within a universal collection area shall be exempt from the requirements of Section 8.28.082.

B. Developed property which is within a universal collection area for which the property owner can demonstrate has been vacant and does not require discarded materials collection service for at least ninety (90) days may be subject to a pro rata rebate of the collection charges for the period of vacancy upon application to the county public works department and submission of adequate evidence to substantiate the vacancy. Such evidence must include verification the property was without utility service (e.g., water or electricity) for the period for which a rebate is requested. No more than one (1) application for a rebate may be filed each year for any parcel of property. Any decision of the public works department may be appealed to the board of supervisors, whose decision shall be final.

C. Developed property which is within an alternate universal collection area for which the property owner chooses to, and meets the requirements for, self-hauling waste directly to a county landfill or subscribes to one-container, two-container or three-container discarded materials collection services from the franchise hauler, if service is feasible, may request reimbursement of alternate universal collection service charges upon submission to the county public works department of satisfactory proof of either:

1. Participating in one-container, two-container or three-container collection service by an authorized franchise hauler for the twelve-month period ending June 30th; or

2. Self-hauling discarded materials on a regular basis for the twelve-month period ending June 30th and meeting self-hauling requirements outlined in this chapter.

D. Some census tracts within the county may qualify for low population area waivers as defined in 14 CCR Section 18984.12(a). Changes to collection service in qualifying areas are subject to the franchise agreement designated for affected universal collection areas.

(Ord. G-6697 § 7, 2000)

(Ord. No. G-8129, § 3, 3-15-11; Ord. No. G-9091, § 21, 3-15-22)

A. Each year a service charge shall be assessed against each parcel of residential property subject to universal collection which is equal to the rate for basic service for that classification of property set by the board of supervisors for the franchise hauler serving that property. In alternate universal collection areas, all residential properties are subject to the universal collection service charges as stated in subsections (B) through (I) of this section.

B. The board of supervisors may elect, by ordinance approved by a two-thirds (⅔) vote of its members, to have such universal collection service charges, together with any costs for collection on the tax roll, for specified classifications of property the forthcoming fiscal year collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes. In this event, the board of supervisors shall cause a written report to be prepared and filed with the clerk of the board of supervisors which shall contain a description of each parcel of real property to be receiving discarded material collection services and the amount of the service charge for each parcel for the year. Each parcel of real property may be described in the report by reference to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the assessor of the county or by reference to plats or maps on file in the office of the clerk of the board of supervisors and/or in the county public works department.

C. The clerk of the board of supervisors shall cause a written notice of the filing of the report and the proposal to have such charges for the forthcoming fiscal year collected on the tax roll and of the time and place of hearing thereon to be mailed to each person to whom any parcel of parcels of real property described in the report is assessed in the last equalized assessment roll available on the date the report is prepared, at the address shown on said assessment roll or as known to the clerk. This mailed notice procedure shall only be performed the first time the service charges are collected on the tax roll; thereafter, the clerk shall give notice of the filing of said report and of a time and place of hearing thereon by publication pursuant to Section 6066 of the Government Code prior to the date set for hearing in a newspaper of general circulation printed and published within Kern County.

D. At the time stated in the notice, the board of supervisors shall hear and consider all objections or protests, if any, to the report and may continue the hearing from time to time. If the board of supervisors finds that protest is made by the owners of a majority of separate parcels of property described in the report, then the report shall not be adopted and the charge shall be collected separately from the tax roll and shall be billed directly by the franchise hauler. The board of supervisors may consider the collection of delinquent charges billed by franchise haulers on the tax roll under the provisions of Health and Safety Code Section 5473a.

E. Upon conclusion of the hearing, the board of supervisors may adopt, revise, change, reduce or modify any charge or overrule any or all objections and shall make its determination upon the charges described in the report, which determination shall be final.

F. On or before July 1 of each year following the final determination by the board of supervisors, the clerk of the board shall file with the auditor of Kern County a copy of the report with a statement endorsed on the report over his or her signature that the report has been finally adopted by the board of supervisors and the auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll.

G. Except as provided in Section 8.28.083(A), the amount of the charge shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of noon on the first Monday in January immediately preceding the date the board of supervisors makes its determination upon the charges described in the report.

H. The tax collector of the county shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land. The amount of the charges shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the county and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties. All laws applicable to the levy, collection and enforcement of general taxes of the county are applicable to such charges, except that if any real property to which such charges relate has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attached thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed shall not attach to such real property and the charges relating to such property shall be transferred to the unsecured roll for collection.

I. Nothing in this section is intended to prevent an arrangement or the continuance of an existing arrangement whereby the level of service to the property is greater than that provided for by the basic service level. In such event the owner of the property is responsible for paying for those additional services directly to the franchise hauler.

(Ord. G-6697 § 8, 2000)

(Ord. No. G-8129, § 4, 3-15-11; Ord. No. G-8721, § 2, 6-20-17; Ord. No. G-9091, § 22, 3-15-22)

It is unlawful for any person to place, deposit or dump or cause to be placed, deposited or dumped any material at any county resource management facility:

A. Without first paying the fees prescribed by the board of supervisors.

B. In violation of the rules and regulations prescribed by the board of supervisors for the operation of the county resource management facility. A copy of the fee schedule and the rules and regulations governing the county resource management facility shall be on file at the public works department and the clerk of the board and shall be open to inspection by the public. The director of the public works department may preclude use of a facility by member(s) of the public for violation of the rules and regulations prescribed by the board of supervisors for the operation of that county resource management facility.

(Ord. G-7066 § 3, 2004: Ord. G-6530 § 3 (part), 1998)

(Ord. No. G-9091, § 23, 3-15-22)

Franchise haulers, as defined in this code, non-franchise haulers, and any other commercial hauler of solid waste operating within the county are prohibited from operating any class or type of solid waste handling facility that is owned by the county of Kern and located within the county.

(Ord. No. G-8890, § 5, 12-17-19)

It is unlawful for any person to salvage, remove, or to attempt to salvage or remove any material from any county waste facility without written permission of the county.

(Ord. G-6530 § 3 (part), 1998)

Every person in possession, charge or control of any structure, property or other premises shall keep it free and clear of all accumulations of discarded materials which may produce odor, attract or harbor insects or rodents or provide a breeding place for them, be offensive to the senses, invites plundering, promotes blight and deterioration, creates a fire hazard or otherwise be or become a hazard to health, safety and welfare of the public. Any structure, property or premises not kept free of such accumulations is a public nuisance and is subject to the abatement procedures set forth in this chapter.

(Ord. G-7066 § 4, 2004: Ord. G-6530 § 3 (part), 1998)

(Ord. No. G-9091, § 24, 3-15-22)

A. Authority. County representatives and/or its designee 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 Sections 8.28.060, 8.28.062, 8.28.063, 8.28.064, and 8.28.065 of this code by organic waste generators, commercial businesses, multi-family residential dwellings property owners, commercial edible food generators, haulers and self-haulers, and food recovery services and food recovery organizations, subject to applicable laws.

1. Per Section 1.12.020 of this code, these powers include the power to issue notices of violation, the power to assess and collect civil fines and penalties as provided in this chapter, and the power to enter and inspect public and private property as permitted by law. This section does not allow county staff to enter the interior of a private residential property for inspection.

B. Regulated entities shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the enforcement officer or its designated entity/designee during such inspections and investigations. The enforcement officer is authorized to enter upon any property or premises to ascertain whether there are violations of this code, and to make any inspections and investigations that may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein as may be necessary in the performance of his or her duties.

C. Failure to provide or arrange for:

1. Access to an entity's premises; or

2. Access to records for any inspection or investigation is a violation of this chapter and may result in a determination that the generator is out of compliance with one (1) or more requirements of this chapter.

3. If the property owner or other responsible person refuses permission to enter or inspect, the public official may seek an administrative inspection warrant pursuant to the California Code of Civil Procedure or as otherwise authorized by law. Following the obtaining of owner permission to inspect or a lawful inspection warrant, the public official is authorized to conduct examinations and surveys that may include, but are not limited to, the taking of photographs or video recordings and the taking of samples or other physical evidence or recordings. All inspections, entries, examinations and surveys shall be done in a reasonable manner and shall at all times comply with constitutional and statutory requirements.

D. Beginning January 1, 2022 and through December 31, 2024, county or the franchise hauler will conduct inspections, route reviews or waste composition evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if county or the franchise hauler 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 if required in franchise agreement(s) describing its obligations under this chapter and a notice that compliance is required and that violations may be subject to administrative civil penalties starting on January 1, 2024.

1. For incidences of prohibited container contaminants found in containers, the franchise hauler will issue a notice and order to correct to any generator found to have prohibited container contaminants in their container as described in Chapter 8.54 of this county code.

E. Beginning January 1, 2024, if the jurisdiction 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 and issue a notice of violation pursuant to Chapter 1.12 and Chapter 8.54 of this code.

F. Any records obtained by the county during its inspections, 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.

G. County representatives and/or its designated entity/designee are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

H. County shall receive complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.

I. Any person who violates any provisions of this code, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine or penalty up to the maximum amounts set forth in Chapter 1.12 and Chapter 8.54 of this code.

(Ord. No. G-9091, § 25, 3-15-22)

Whenever any public nuisance exists as defined in Sections 8.28.080 or 8.28.110 of this chapter, the enforcement officer may:

A. Issue an administrative order directing any responsible person to undertake partial or comprehensive abatement actions so as to provide adequate protection of the public health, welfare, the environment or natural resources; or

B. If, in the opinion of the enforcement officer, the nuisance constitutes an immediate threat to public health or safety, summarily abate the nuisance; or

C. Request that the district attorney or county counsel immediately seek relief as may be necessary or appropriate from a court of competent jurisdiction, which court, upon finding that there is, or that the conditions complained of may present an endangerment to the public health, welfare, the environment or natural resources arising out of or resulting from, in whole or in part, such nuisance, shall grant relief to abate the nuisance as is consistent with the relevant requirements of this chapter and the public interest to secure adequate protection of the public health, welfare, the environment or natural resources.

At their discretion, the enforcement officer may both issue an administrative order and request that the district attorney or county counsel seek such relief as may be necessary or appropriate from a court of competent jurisdiction pursuant to this section.

Any such administrative order shall be served by personal service, registered mail, or certified mail with return receipt requested addressed to the person subject to the order. The administrative order issued by the enforcement officer pursuant to this section shall include a statement of the factual and legal grounds upon which the order is issued, a schedule for completion of specific actions and describe the civil penalties for failure to comply. Such order shall also specifically advise the person(s) to whom it is issued of the right to contest the order and request a hearing as provided for in Section 8.28.130. Such order shall also conspicuously advise the person(s) to whom it is directed that failure to request the hearing within the time and in the manner provided in Section 8.28.130 will result in the order becoming final and binding.

(Ord. G-7066 § 6, 2004; Ord. No. G-9091, § 26, 3-15-22)

A. Administrative Review. Any person who has been named in an order issued by the enforcement officer pursuant to this chapter, may file an objection to such an order. An objection must be in writing and filed with the enforcement officer on or before the seventh day following service of the enforcement officer's order. Any objection must state both the legal and factual bases in support thereof, and must include at a minimum, the requested modification(s), if any, of the order together with a summary of the issues, facts, and legal authorities to be raised at the hearing. The time requirement for filing any objection shall be deemed jurisdictional and may not be waived. In the absence of a timely appeal, the findings of the enforcement officer contained in the administrative order shall be deemed true and correct.

B. Upon timely receipt of an objection which complies with the requirements of this section, the enforcement officer shall refer the matter to the hearing board to conduct a hearing. Notice of the hearing shall be sent by first class mail postage prepaid to the persons filing the request. The notice shall state the date, time and place of the hearing (which in no event shall be sooner than seven (7) days from the date of mailing, unless otherwise agreed to by the responsible party and the enforcement officer.)

C. The hearing board shall issue a written decision which shall include findings to support the decision and making a recommendation to the board of supervisors. Written notice of the decision shall be given by mail within seven (7) calendar days after the date of the decision to the person subject to the order and any person filing a written request for notice of the decision and to the board of supervisors. The board of supervisors may adopt the recommendation without further notice of hearing or may set the matter for a de novo hearing.

D. Request for De Novo Hearing. Any decision of the hearing board made pursuant to this section may be considered de novo by the board of supervisors. Any person aggrieved by the decision may request that such decision be heard de novo by the board of supervisors by filing a written notice of appeal with the clerk of the board of supervisors within seven (7) calendar days from the service of the written notice of decision of the hearing board. Should the board of supervisors determine it will consider the matter, it may reverse, affirm wholly or partly, or modify the decision. The decision of the board of supervisors on any such appeal shall be final on adoption of an order or resolution containing its determination. Notice of the final decision shall be served by certified or registered mail on the affected persons.

E. Judicial Review. Pursuant to Section 1085 of the Code of Civil Procedure, any person who has been named in an order issued by the enforcement officer pursuant to this chapter, may, following exhaustion of administrative remedies, seek judicial review of the order by filing a petition for writ of mandate within ninety (90) days after the order becomes final and binding pursuant to this chapter. Notwithstanding the provisions of Section 1094.5 or 1094.6 of the Code of Civil Procedure, any person who contests the final administrative order issued under this chapter regarding the imposition, enforcement of collection of the administrative fines or penalties imposed, may seek judicial review of the order by filing an appeal with the superior court within twenty (20) days after service of the order in accordance with Section 53069.4 of the Government Code. Any other person who has the right to seek judicial review of the order by filing a petition for writ of mandate pursuant to Section 1085 of the Code of Civil Procedure shall do so within one hundred eighty (180) days after the order has become final and binding pursuant to this chapter. The filing of a petition for writ of mandate to review the order shall not stay any action specified in the order.

(Ord. G-7066 § 7, 2004)

A. Any administrative hearing conducted under Section 8.28.130 need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The presiding officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.

B. For purposes of conducting any administrative hearing under this chapter, the presence of at least two (2) pieces of addressed mail or other identifying information in the dumped material shall be deemed to create a rebuttable presumption that the person so identified is responsible for the dumped material and is subject to the penalties and remedies provided for in this chapter.

(Ord. G-7066 § 8, 2004)

A. In any action to abate a nuisance as defined in Section 8.28.080 or Section 8.28.110, whether by administrative proceedings, judicial proceedings or summary abatement, the person who creates or has created the nuisance shall be liable for all abatement action costs incurred by the county, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible party to undertake, any abatement action in compliance with the requirements of this chapter, whether those costs are incurred prior to, during or following enactment of this section;

B. In any action by the county to abate a nuisance under this chapter, whether by administrative proceedings, judicial proceedings, or summary abatement, the prevailing party shall be entitled to a recovery of the reasonable attorneys' fees incurred. Recovery of attorneys' fees under this section shall be limited to those actions or proceedings in which the county elects, at the initiation of that action or proceeding, to seek recovery of its own attorneys' fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the county in the action or proceeding.

C. Unless otherwise expressly indicated, the standard of liability imposed by this chapter is strict liability, without regard to any element of mens rea, fault, negligence or other wrongdoing.

D. The scope of liability in this chapter is joint and several for any person who has caused, created, contributed to, a nuisance as defined in Sections 8.28.080 or 8.28.110 is joint and several. Any person seeking to apportion the harm must demonstrate by clear and convincing evidence that the component of harm which is sought to be apportioned is scientifically and technologically susceptible to apportionment, that there is a reasonable and practicable basis for apportioning the harm, and that the separate abatement activity proposed for that harm is as practicable, safe, efficient, reliable and cost-effective in providing the degree of protection of the public health, welfare and the environment as the abatement activity or activities, if any, proposed by the enforcement officer.

(Ord. G-7066 § 9, 2004)

In addition to the costs of abatement as provided in Section 8.28.150 any person who violates the provisions of this chapter or any final order issued pursuant to this chapter, is liable to the county for civil penalties in an amount of two hundred and fifty dollars ($250.00) per day, or such other amount set by the board of supervisors at a noticed hearing in accordance with Section 8.28.165, for each violation from the date set for compliance in the administrative order until the order is complied with.

Liability under this section may be imposed in a civil action or liability may be imposed administratively pursuant to this section. Any such civil action may be joined with an action for any other remedy, including injunctive relief, available pursuant to state law or pursuant to this code. Nothing in this section in any way limits, conditions or affects liability of any responsible party to the county for abatement action costs or for any other legal or equitable remedy. Nothing in this section shall affect or modify in any way the obligations or liabilities of any person under any other provision of state, federal or local law, including common law, for damages, injury, loss, or for liability for nuisance abatement and nuisance abatement costs incurred by the county which results from a nuisance in the county.

(Ord. G-7066 § 10, 2004)

A. The public official may request a hearing before the board of supervisors to consider imposing a civil penalty in an amount or at a time different than provided for in Section 8.28.160.

B. The public official shall schedule a hearing before the board of supervisors. Notice of the hearing shall be sent by first class mail postage prepaid to the persons to whom the penalty is to be imposed against.

C. The notice shall state the date, time and place of the hearing (which in no event shall be sooner than ten (10) days from the date of mailing and posting such notice unless mutually agreed to by the property owner or responsible party and the public official), the specific violations, conditions, or uses which constitute on which the penalty is based.

D. The failure of any property owner, responsible party, mortgagee, trust deed beneficiary or other person to receive any notice required to be given or posted pursuant to the provisions of this chapter shall not affect in any manner the validity of any proceedings taken hereunder.

E. At the time fixed in the notice, the board of supervisors shall proceed to hear testimony from any interested person regarding the specified violation, condition or use deemed by the public official to be the basis for the proposed civil penalty, and any other matter which the board of supervisors may deem pertinent thereto.

F. Upon the conclusion of the hearing, the board of supervisors will make a determination based on the evidence presented at the hearing and may impose a civil penalty without regard to the limits in Section 8.28.160, which shall thereafter be collected pursuant to this chapter.

(Ord. G-7066 § 11, 2004)

In the event the person who is the subject of a final abatement order fails to pay the costs of abatement upon demand by the county, the county may:

A. Proceed under the authority of Section 25845 of the Government Code to have the costs specially assessed against any parcel of property owned by the responsible party; or

B. Commence a civil action to recover such costs from any responsible party.

Any civil action for the recovery of the costs of abatement and civil penalties may be joined with an action for any other relief, including mandatory or prohibitory injunctive relief or for damages to which the county may be entitled.

(Ord. G-7066 § 12, 2004)