Moorpark Municipal Code Art. VIII Enforcement

Pursuant to California Penal Code Section 836.5, the city manager or the city manager's designee(s) is authorized to enforce the provisions of this chapter as well as those of California Penal Code Sections 374, 374a, 374.2, 374.3, 374.4, 374d, and 375; California Government Code Sections 60855 et seq.; and the California Vehicle Code Sections 23111 and 23112, as they may be amended from time to time. This authority shall be in addition to the authority granted to law enforcement personnel pursuant to this municipal code, including, but not limited to, the authority to seize bins as evidence of criminal violations, when appropriate.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)

Wherever in this chapter enforcement authority is given to any city employee or officer, such authority may be exercised by designees of those employees and officers.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)

A. City representatives and/or its designated agents, including the franchised waste hauler, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multifamily 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 city, its designees or agents to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with 8.36.090(B) of this chapter, city may conduct container inspections for prohibited container contaminants.

B. Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for:

1. Access to an entity's premises;

2. Installation and operation of remote monitoring equipment (if applicable); or

3. Access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

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

D. City representatives, its designees and agents are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

E. City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints in accordance with by 14 CCR Section 18995.3.

(Ord. 495 § 1, 2021)

Except as otherwise provided by this chapter, violations of this chapter are punishable as set out in Chapters 1.10 through 1.16 of the code and/or by fine in the following amounts:

1. For a first violation, the amount of the base penalty shall be $50 to $100 per violation.

2. For a second violation, the amount of the base penalty shall be $100 to $200 per violation.

3. For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)