Oakland Municipal Code Art. VI Community Service

A. A dumping violator cited with an administrative citation or civil penalty pursuant to this Chapter may request to perform community service in lieu of payment of the civil penalty or administrative citation. A dumping violator may not use community service to offset actual costs of the City's addressing the illegal dumping incident. Community service must be performed in a program approved by the City Administrator.

1. A dumping violator cited with an administrative citation or civil penalty who requests permission to perform community service in lieu of payment of citation or penalty, as provided in this subsection A., must make the request in writing and file it with the City no later than 15 calendar days, excluding weekends and holidays, after service of the citation. All requests made pursuant to subsection A. must include the address of the responsible person(s) for the purpose of correspondence by the issuing department. A request to perform community service does not extend or toll the time the illegal dumper must appeal any charge or penalty.

2. The City shall notify the dumping violator by first class mail, postage prepaid, whether the request to perform community service has been approved, and if approved, shall identify the program(s) that the responsible person must complete, and the date by which such program shall be completed.

3. Eligibility for community service shall be based on factors including:

a. The number of incidents of illegal dumping the dumping violator has engaged in;

b. Whether the dumping violator previously participated in community service;

c. The cost of the illegal dumping damage; and

d. The dumping violator's ability to pay penalties.

4. Granting or denying request for community service.

a. The decision to grant or deny a community service request shall be in the sole discretion of the City Administrator;

b. In the event the request to perform community service is denied the administrative citation or civil penalty otherwise payable must be made by the date specified in the notice denying the request;

c. Even if the dumping violator performs community service the City may still pursue other recovery of fines or costs, taking into consideration dumping violator's participation in one of the programs.

5. Community service may include, but not be limited to, picking up litter or waste matter from public. The amount of community service shall be in proportion to the amount of administrative citation or civil penalty.

6. The obligation to pay the administrative citation or civil penalty otherwise required shall be suspended during the time period provided for completion of the approved program as set forth in the written notification approving the request sent by the issuing department under Subsection A.2., above.

7. The dumping violator must provide proof of completion of the approved program by submitting to the issuing department within five calendar days following the date by which the program was to be completed, a certificate of completion issued by the program provider. Failure to present such proof within the required time period shall result in the reinstatement of the administrative penalty otherwise due as stated in the administrative citation without further notification by the issuing department. Payment of the amount due shall be made within seven calendar days of the date by which the program was to be completed as specified in the notice provided under Subsection A.2., above.

B. In addition to any other remedy provided by law, if the illegal dumper fails to comply with the administrative citation or civil penalty, the City may use any other legal remedy available to gain compliance with the administrative citation or civil penalty.

C. Any notices of violations issued for circumstances for which community service is appropriate shall include language regarding the availability of community service

(Ord. No. 13195, § 1, 10-15-2013)