Mendocino County Municipal Code Ch. 9A.24 Administration and Enforcement

The administration and enforcement of this Title shall be the responsibility of the County and enforcement may be undertaken by the Director of the Department of Transportation or his or her designee.

(Ord. No. 4506, § 2, 6-7-2022)

(A) The Director, or his or her designee, is 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 Title by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This section does not allow the County to enter the interior of a private residential property for Inspection. If entry for an inspection is refused by an owner, occupant or agent, the County may still inspect the property after obtaining an inspection warrant.

(B) An entity regulated under this Title shall provide or arrange for access during all Inspections (with the exception of private residential property interiors) and shall cooperate with the Director or 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 Title described herein. Failure to provide or arrange for access to an entity's premises or access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties as described herein.

(C) 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.

(D) The Director or designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this Title, subject to applicable laws.

(E) Compliance Reviews. At least annually, the County and/or County Designee shall complete a compliance review of all solid waste collection accounts for commercial businesses that are subject to its authority and that generate two cubic yards or more per week of solid waste, including organic waste. The County and/or County Designee shall annually either conduct route reviews or waste evaluations consistent with Section 18984.5(c). The County and/or County Designee shall also determine compliance with organic waste generator requirements set forth in Section 18984.9(a) and self-haul requirements set forth in Section 18988.3.

(F) At least every five years from the date of issuance of a waiver pursuant to Section 9A.24.040, the County shall verify through inspection that commercial businesses are meeting de minimis and physical space waivers for compliance consistent with the requirements of Section 18984.11.

(Ord. No. 4506, § 2, 6-7-2022)

(A) The Director or designee will monitor compliance with the ordinance through Compliance Reviews, Route Reviews, investigation of complaints, and Inspections. Section 9A.24.020 establishes the County's right to conduct Inspections and investigations. Complaints regarding non-compliance with this Title may be submitted to the County anonymously.

(B) Upon discovery of a violation of this Title, the Director or designee shall first provide reasonable notice of and an opportunity to correct prior to imposing penalties. Notices may be provided via cart tag or other posting on the property in a conspicuous place.

(C) After notice and opportunity to correct, the Director or designee may issue citations and penalties pursuant to the provisions of Mendocino County Code Chapter 1.08 for uncorrected violations.

(D) For incidences of Prohibited Container Contaminants found in containers, the Director or designee, including a County Designee, may issue a warning or notice to any generators 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 one (1) day after determining that a violation has occurred, and pursuant to any additional applicable requirements of a franchise agreement. If the Director or designee observes Prohibited Container Contaminants in a generator's containers on more than one (1) occasion, the Director or designee may assess contamination processing fees or contamination penalties on the generator.

(E) With the exception of violations of generator contamination of container contents addressed in Subsection (C) above, the Director or designee shall issue a Notice of Violation requiring compliance within sixty (60) days of issuance of the notice. The Director or designee may extend the compliance deadline if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including but not limited to 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 County is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

(F) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, County may commence an action to impose penalties, via an administrative citation and fine, pursuant to Mendocino County Code Chapter 1.08 and the penalty amounts stated therein. The County'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 ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance. Notices shall be sent to the party responsible for paying the collection services, or, if no address is available, to the owner at the address of the dwelling or Commercial property or to the mailing address as shown in the County's last equalized property tax assessment roll, depending upon available information.

(G) Starting on the effective date of the ordinance amending this Title in its entirety and through December 31, 2023, the Director or designee shall provide educational material describing the applicable requirements of this chapter in response to violations and stating that compliance is required and that violations may be subject to administrative civil penalties starting on January 1, 2024.

(H) In addition to the remedies provided above, any person violating any provision of this Title is guilty of an infraction and subject to the penalties provided for by law for infractions unless declared to be a misdemeanor or felony under State law. In addition to the remedy available herein, the County may exercise any and all powers authorized by any other provision of law to enforce this Title including, but not limited to, the declaration of a public nuisance and the abatement thereof and injunctive remedies. The full costs of enforcement of this Title shall be recoverable by the County against persons who are in violation of provisions of this Title. County may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. County 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 County staff and resources.

(Ord. No. 4506, § 2, 6-7-2022)

(A) General Exceptions and/or Exemptions. Exceptions and/or exemptions from the regulations noted herein may be granted by the Board. A request for such exception and/or exemption must be in writing and submitted to the Board, in form and content as determined by the Board and is based upon a finding that such exception or exemption is in the public interest.

(B) Waivers for Generators subject to SB 1383.

(1) Nothing in this section allows the County to exempt a business subject to the requirements of Section 42649.81 of the Public Resources Code from compliance with that section.

(2) At least every five (5) years from the date of issuance, the Director or designee shall verify through inspection that commercial businesses that are meeting de minimis and physical space waivers for compliance consistent with the requirements of 14 CCR Section 18984.11.

(3) Nothing in this section precludes the County from charging a fee for reviewing and issuing waivers as described in this section.

(4) De Minimis Waiver. Pursuant to 14 CCR Section 18984.11(a)(1), the County may waive a Commercial Business' obligation (including Multi-Family Residential Dwellings) to comply with some of all of the organic waste requirements of this Title if the commercial business provides documentation or the County has evidence demonstrating that:

(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 as specified in Section 18984.1(a) comprises less than twenty (20) gallons per week per applicable container of the business' total waste.

(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 blue container or a green container as specified in Section 18984.1(a) comprises less than ten (10) gallons per week per applicable container of the business' total waste.

(5) Physical Space Waiver. Pursuant to 14 CCR Section 18984.11(a)(2), the County may waive a Commercial Business' or property owner's obligation to comply with some or all of the organic waste collection service requirements of this Title if the Commercial Business or property owners provides documentation, or the County has evidence from its staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for any of the organic waste container configurations allowed under this ordinance.

(6) Collection Frequency Waiver. Pursuant to 14 CCR Section 18984.11(a)(3), the County may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to a three-container organic waste collection service to arrange for the collection of solid waste once every fourteen (14) days provided that:

(a) The County, or its authorized hauler, demonstrates to the enforcement agency, as defined in Public Resources Code 40130 that less frequent collection than required by 14 CCR Section 17331 will not cause receiving solid waste facilities, operations, or both to be in violation of applicable state minimum standards described in 14 CCR Section 20510 et seq. or Title 14 CCR Section 17200 et seq.

(Ord. No. 4506, § 2, 6-7-2022)

The County is authorized and empowered to require the owner of any private property within the County to remove and to properly dispose of refuse located on such property, having determined that the accumulation of such refuse or improper disposal of such refuse is dangerous or injurious to public health and safety. The County is authorized and empowered to utilize all the provisions contained in the Mendocino County Code and State law to enforce the provisions of this Title.

(Ord. No. 4506, § 2, 6-7-2022)

No person other than the owner, the owner's agent, an employee of the County or an employee of the franchised collector shall tamper with any refuse or recyclable container or the contents thereof.

(Ord. No. 4506, § 2, 6-7-2022)

No person other than the owner may place any refuse in a refuse container, bin or drop box without expressed permission of the owner.

(Ord. No. 4506, § 2, 6-7-2022)

No person shall by any means hinder, obstruct or interfere with the removal or transportation of refuse or recyclables by a franchised collector.

(Ord. No. 4506, § 2, 6-7-2022)

No person shall place refuse generated in a residential unit or commercial premises in a street side litter container. Street side litter container means a container placed near or in the right-of-way for the public's convenient disposal of incidental refuse.

(Ord. No. 4506, § 2, 6-7-2022)

(A) Franchise—Revocation—Equipment Use By County. In the event of suspension or revocation of a franchise, the County shall have the right forthwith to take possession of all trucks and other equipment of the franchisee for the purpose of collecting and disposing of the refuse and performing all other duties which the franchisee is obligated to perform. The County shall have the right to retain possession of such trucks and equipment until other suitable trucks and equipment can be purchased or otherwise acquired by the County for such purpose. The County shall pay the franchisee a reasonable rental for the use of such trucks and equipment.

(B) Franchise Revocation—Grounds. The County may suspend, amend or revoke any franchise granted by the Board if it finds that the franchisee has demonstrated an inability to properly perform the franchised activity, failed to comply with one (1) or more of the terms or conditions of the franchise agreement, failed to comply with any material Federal, State or local laws, ordinances, rules or regulations pertaining to the franchised activity, or when the franchised activity has become a nuisance or is detrimental to the public health, safety or welfare. If franchisee does not perform franchise services for a period in excess of ninety (90) days, the franchise may be revoked by the County.

Prior to suspending, amending or revoking a franchise granted by the Board, the County shall provide the franchisee with written notice of the proposed action and the reasons for it. The notice shall state that prior to the suspension, amendment or revocation, the franchisee is entitled to a hearing before the County if the franchisee requests such a hearing in writing and the request is received by the County not more than ten (10) days after notice of the proposed action has been mailed to the franchisee.

If the County does not receive a written request for a hearing within the time period prescribed above, the franchisee is deemed to have waived the right to a hearing and the County may immediately suspend, amend or revoke the franchise on the terms specified in the notice.

In the event of a serious violation, as determined by the Department, or in the event of repeated violations of this Chapter, a franchise shall be revoked by the Board.

(C) Disclosure Statement. A responsible party who currently holds or applies for a franchise from the County shall file a Disclosure Statement which contains the following information:

(1) A listing of all responsible parties to the franchise agreement. (If a responsible party is a natural person, the disclosure statement shall include the name, address, and social security or tax identification number (optional) of the responsible party);

(2) A listing of all felony convictions or pleas of nolo contendere of the responsible party by final judgement in any State or Federal court within the preceding three (3) years;

(3) A listing of any instances in which a permit or contract held by the responsible party was revoked by a final judgement in any State or Federal court within the preceding three (3) years;

(4) A listing of all final adjudications finding any responsible party in contempt of any State or Federal court order enforcing any State and Federal law within the preceding three (3) years;

(5) A listing of all final convictions or pleas of nolo contendere of the responsible party, under State or local laws governing safety of operations, compliance with environmental and other franchise requirements in the County, whether misdemeanors or infractions.

If a responsible party is a chartered lending institution or a publicly held company or a wholly-owned subsidiary of such a company required to file annual or quarterly reports under the Securities Exchange Act of 1934 or the chartering body, as may be the case, an applicant/grantee may provide the above required information by submitting quarterly or annual reports for the preceding three (3) years. If these reports are incomplete or if they fail to contain the information requested in Subsection (C)(1) through (5) of this Section, the applicant/grantee shall make such information available to County. The County may also require, at applicant/grantees' expense, preparation and submittal of a Dunn and Bradstreet report.

A responsible party who holds a current franchise from the County for which a disclosure statement was submitted, shall file a supplemental disclosure statement only to the extent that the responsible parties or the status or events differ from those covered by the original disclosure statement.

(D) General Standards of Responsibility.

(1) The Board may refuse to issue or renew a franchise, or refuse to approve the transfer of such a franchise, if the Board finds by a preponderance of evidence that the responsible party has:

(a) Intentionally misrepresented or concealed any material fact in the disclosure statement;

(b) Obtained a license, permit, contract or franchise from the County by intentional misrepresentation or concealment of a material fact;

(c) Been convicted of a felony or pleaded guilty or nolo contendere to a felony involving the laws of any State or the Federal government within the three (3) years preceding the issuance of the license or permit, or execution of the contract or franchise agreement;

(d) Been adjudicated in contempt of an order of any court enforcing laws of this State or the Federal government within three (3) years preceding the issuance of the license or permit, or execution of the contract or franchise agreement; or

(e) Disregarded the public safety, as evidenced by convictions or pleas of nolo contendere to the violation of State and local law governing safety of operations, compliance with environmental and other franchise requirements within the County.

(2) In deciding whether to issue, renew or allow transfer of a franchise, the Board shall consider the facts and mitigating factors surrounding the foregoing including:

(a) The relevance of the offense to the business for which the license, permit, contract or franchise is issued;

(b) The nature and seriousness of the offense;

(c) The circumstances under which the offense occurred;

(d) The date of the offense; and

(e) The ownership and management structure in place at the time of the offense.

The Department shall recommend to the Board whether the responsible party is fit to obtain the franchise from the County within sixty (60) days following the responsible party's submittal of the disclosure form, in the case of transfer or renewal of a franchise, thirty (30) days prior to the expiration of an existing franchise agreement, whichever is earlier. Failure by the Department to make a recommendation regarding responsible party's fitness for renewal or transfer, within the time frame indicated above, shall in no case result in the revocation of the franchise, an order to cease operations, or a termination of the franchise agreement.

[(E)]

Opportunity to Demonstrate Rehabilitation. In determining whether to recommend approval to the Board of a franchise or allow a renewal or transfer of a franchise agreement, the Department shall first allow the responsible party to submit evidence of rehabilitation and shall consider the responsible party's efforts to prevent recurrence of unlawful activity. Items to be considered by the Department shall include:

(1) The responsible party's record and history of implementing successful corrective actions undertaken to prevent or minimize the likelihood of recurrence of the offense;

(2) Whether the offense was an isolated incident or a series of related incidents;

(3) Whether the responsible party cooperated with government bodies during investigations;

(4) The number and types of permits, contracts or franchises held by the responsible party;

(5) Implementation by the responsible party of formal policies, training programs and management controls to substantially minimize or prevent the occurrence of future violations or unlawful activities;

(6) Implementation by the responsible party of an environmental compliance auditing program to assess and monitor the adequacy of the internal systems to ensure compliance with environmental laws, regulations and conditions set forth in the franchise agreement;

(7) The responsible party's discharge of individuals, or severance of the interest of or affiliation with responsible parties, which would otherwise cause the County to deny the renewal, transfer or refuse to enter into the franchise agreement; and

(8) Consideration of the need for the franchise agreement in advancing the County's welfare, health and prosperity.

Where the Department determines that pursuant to the above, mitigating factors exist, or, pursuant to this Section, that the responsible party has demonstrated rehabilitation, the Department shall recommend to the Board issuance, renewal or transfer of the franchise agreement.

(Ord. No. 4506, § 2, 6-7-2022)

Unless otherwise provided for by law, any person who is dissatisfied with any decision or ruling of the Department on or with the directives or decisions of the Department may appeal to the Board, which shall have the power to hear and determine such appeal. Said appeal shall be taken by filing with the Clerk of the Board a Notice of Appeal within ten (10) days after the date of such decision or ruling. The notice shall be signed by the appellant or his/her attorney and shall be sufficient if it states in substance that the appellant appeals from a specified decision or ruling. A notice of appeal shall be liberally construed in favor of its sufficiency. No later than thirty (30) days after receipt of said notice of appeal, the Board shall set the matter for public hearing and shall cause public notice of such public hearing to be published once in a newspaper of general circulation in the County at least ten (10) days before the date of said hearing stating the time and place of hearing, the decision or ruling appealed from and the name of the appellant or appellants. At said hearing the appellant shall present a statement of the grounds for appeal and evidence in support of the appeal in such form as the Board may require. Appeals filed pursuant to this Section shall be accomplished by a fee in the amount set by resolution of the Board.

(Ord. No. 4506, § 2, 6-7-2022)

(A) This Title is not intended to preempt any provisions of State or Federal law governing the same subject. It is the intent of the Board to harmonize these requirements with State or Federal law.

(B) If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Title or any part thereof is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Title or any part thereof. The Board declares that it would have passed each section, subsection, subdivision, paragraph, sentences, clauses or phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional.

(Ord. No. 4506, § 2, 6-7-2022)