§ 26-48. Enforcement. [Added 3-21-2022 by Ord. No. 1280]

• (a) Violation of any provision of this article shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a City Enforcement Official or representative. Enforcement actions under this article are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines and administrative citations as contained in Articles V and VI of Chapter 19 of the Oakdale Municipal Code 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 article and any rule or regulation adopted pursuant to this article, except as otherwise indicated in this article.

• (b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.

• (c) Responsible Entity for Enforcement.

  • (1) Enforcement pursuant to this article may be undertaken by the City Manager or their designee or their designated entity, legal counsel, or combination thereof.

  • (2) Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the City, in consultation with City's Enforcement Official.

    • a. City Enforcement Official(s) (and Regional or County Agency Enforcement Official, if using) will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.

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City of Oakdale, CA § 26-48

REFUSE, GARBAGE AND WEEDS

§ 26-48

• b. City Enforcement Official(s) (and Regional or County Agency Enforcement Official, if using) may issue Notices of Violation(s).

• (d) Process for Enforcement.

  • (1) City Enforcement Officials or Regional or County Enforcement Officials and/or their designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an inspection program. Section 26-47 establishes City's right to conduct inspections and investigations.

  • (2) The City may issue an official notification to notify regulated entities of its obligations under the ordinance.

• (3) For incidences of Prohibited Container Contaminants found in containers, the City or its designee will issue a Notice of Violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within three days after determining that a violation has occurred. If the City observes prohibited container contaminants in a generator's containers on more than two consecutive occasion(s), the City may assess contamination processing fees or contamination penalties on the generator.

  • (4) With the exception of violations of generator contamination of container contents addressed under Section 26-48(d)(3), the City shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.

  • (5) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the City shall commence an action to impose penalties, via an administrative citation and fine as set forth in this Section 26-48 and in Articles V and VI of Chapter 19 of the Oakdale Municipal Code.

Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information.

• (e) Penalty Amounts for Types of Violations.

The penalty levels are as follows:

• (1) For a first violation, the amount of the base penalty shall be $25 per violation.

• (2) For a second violation of the same provision of this Code within any 12 consecutive month period, the amount of the base penalty shall be $50 per violation.

• (3) For a third or subsequent violation of the same provision of this code within any 12 consecutivemonth period, the amount of the base penalty shall be $100 per violation. Any citation issued after the issuance of a third citation or violation of the same provision of this code within any 12 consecutive-month period may be charged so each day that a violation of this code continues shall constitute a separate and distinct offense.

• (f) Compliance Deadline Extension Considerations.

The City may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 26-48 if it finds that there are extenuating circumstances beyond the control of the

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City of Oakdale, CA § 26-48

OAKDALE CITY CODE

§ 26-48

respondent that make compliance within the deadlines impracticable, including the following:

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

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

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

• (g) Appeals Process.

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

• (h) Education Period for Non-Compliance.

Beginning January 1, 2022 and through December 31, 2023, the City will conduct Inspections, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if the City determines that organic waste Generator, self-hauler, hauler, Tier One Commercial Edible Food Generator, food recovery organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this article and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

• (i) Civil Penalties for Non-Compliance.

Beginning January 1, 2024, if the City 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 article, it shall document the noncompliance or violation, issue a Notice of Violation, and take enforcement action pursuant to Section 26-48, as needed.

• (j) Enforcement Table.

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Table 1. List of Violations
Requirement Description of Violation
Commercial Business and Commercial Business fails to provide or arrange for
Commercial Business Owner organic waste collection services consistent with City's
Responsibility Requirement Sections requirements and as outlined in this article, for employees,
26-39 and 26-40 contractors, tenants, and customers, including supplying
and allowing access to adequate numbers, size, and
location of containers and sufficient signage and container
color.
Organic Waste Generator Organic Waste Generator fails to comply with
Requirement Section 26-37, 26-38, requirements adopted pursuant to this article for the
26-39 and 26-40 collection and recovery of organic waste.
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Table 1. List of Violations
Requirement Description of Violation
Hauler Requirement Section, Section A hauler providing residential, commercial or industrial
26-42 organic waste collection service fails to transport organic
waste to a facility, operation, activity, or property that
recovers organic waste, as prescribed by this article.
Hauler Requirement Section 26-42 A hauler providing residential, commercial, or industrial
organic waste collection service fails to obtain applicable
approval issued by the City to haul organic waste as
prescribed by this article.
Hauler Requirement Section 26-42 A hauler fails to keep a record of the applicable
documentation of its approval by the City, as prescribed
by this article.
Self-Hauler Requirement Section A generator who is a self-hauler fails to comply with the
26-43 requirements of 14 CCR Section 18988.3(b).
Commercial Edible Food Generator Tier One Commercial Edible Food Generator fails to
Requirement Section 26-40 arrange to recover the maximum amount of its edible food
that would otherwise be disposed by establishing a
contract or written agreement with a food recovery
organization or Food Recovery Service and comply with
this Section commencing Jan. 1, 2022.
Commercial Edible Food Generator Tier Two Commercial Edible Food Generator fails to
Requirement Section 26-40 arrange to recover the maximum amount of its edible food
that would otherwise be disposed by establishing a
contract or written agreement with a food recovery
organization or Food Recovery Service and comply with
this Section commencing Jan. 1, 2024.
Commercial Edible Food Generator Tier One or Tier Two Commercial Edible Food Generator
Requirement Section 26-40 intentionally spoils edible food that is capable of being
recovered by a food recovery organization or Food
Recovery Service.
Organic Waste Generator, Failure to provide or arrange for access to an entity's
Commercial Business Owner, premises for any Inspection or investigation.
Commercial Edible Food Generator,
Food Recovery Organization or Food
Recovery Service Sections 26-37,
26-38, 26-39 and 26-40
Recordkeeping Requirements for Tier One or Tier Two Commercial Edible Food Generator
Commercial Edible Food Generator fails to keep records, as prescribed by Section 9.
Section 26-40
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Table 1. List of Violations
Requirement Description of Violation
Recordkeeping Requirements for A Food Recovery Organization or Food Recovery Service
Food Recovery Services and Food that has established a contract or written agreement to
Recovery Organizations Section collect or receive edible food directly from a Commercial
26-41 Edible Food Generator pursuant to 14 CCR Section
18991.3(b) fails to keep records, as prescribed by Section
10.
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City of Oakdale, CA