Chapter 8.19

REQUIREMENTS FOR COLLECTION OF SOLID WASTE, RECYCLABLE MATERIAL, AND ORGANIC WASTE FOR ALL RESIDENTS

The purpose of this chapter is to regulate the storage, collection, processing, and disposal of solid waste, recyclable material and organic material in the city. The ordinance codified in this chapter is adopted pursuant to the authority contained in general statutes governing powers of municipalities and various federal and state statutes specifically regulating solid waste, recyclable materials, and organic material.

(Ord. 1094 § 1, 2005; Ord. 1374 § 1, 2022)

Words and phrases defined in Chapter 8.16 of this municipal code shall have the same meanings when used in this chapter.

(Ord. 1094 § 1, 2005; Ord. 1374 § 1, 2022)

• A. The franchise waste hauler shall provide for collection, processing, and disposal of discarded materials, in a three-container system, including solid waste, recyclable material, and organic material collection service when placed for collection pursuant to this chapter.

• B. Compliance with the requirements of this chapter is necessary to procure the collection and removal of all solid waste, recyclable material, and organic material from residential and commercial generators, and such compliance shall be a defense to any prosecution for failure to remove or dispose thereof.

• (Ord. 1094 § 1, 2005; Ord. 1374 § 1, 2022)

• A. Every person having charge or control of residential or commercial premises in the city where discarded material accumulates shall source separate and keep the solid waste, recyclable material, and organic material in the designated containers obtained exclusively through the franchise waste hauler for use in the franchise waste hauler's collection program. Containers assigned by or obtained from the franchise waste hauler shall remain at all times property of the franchise waste hauler. At no time and under no circumstances shall the container(s) be removed from the property to which it was assigned. Ordinary wear and tear to containers will be repaired and maintained by the franchise waste hauler at no additional cost; damage caused by generator abuse or negligence shall be charged to the generator, or as otherwise provided in the franchise agreement.

• B. Persons served by the collection program shall only use the approved containers to be obtained exclusively through the franchise waste hauler. No other containers are allowed.

• C. The franchise waste hauler shall replace existing containers with containers that meet state mandated color requirements, pursuant to 14 CCR Section 18984.9(b), if not already compliant, at the end of the useful life of those containers, or prior to January 1, 2036, whichever occurs first.

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City of Palm Desert, CA

HEALTH AND SAFETY

§ 8.19.040

§ 8.19.060

• D. Solid waste containers shall be gray or black.

  1. Recyclable material containers shall be blue.

  2. Organic material containers shall be green.

3. If applicable, source separated food waste containers shall be brown.

(Ord. 1094 § 1, 2005; Ord. 1374 § 1, 2022)

• A. Containers shall be placed at or as near to the curb or edge of road as possible, so as to be accessible to collection crews. Placement must be such that there is no interference with collection (e.g., too close to vehicles, other refuse containers, poles, fences, mailboxes, and other obstacles). containers must be placed at the designated pickup area by five-thirty a.m. on the scheduled day of collection. No container shall be placed curbside or adjacent to a street more than twelve hours prior to the normal collection time and shall be removed from curb or street location within twelve hours after collection.

• B. Toxic or hazardous materials, dead animals, building materials, large yard waste, and bulky items such as household furnishings or appliances are prohibited from being placed in containers.

• C. Use of paper or plastic bags for solid waste disposal is allowed. Bags are to be used in accordance with the franchise waste hauler's franchise agreement with the city.

• D. Exceptions to proper container placement due to terrain, disabilities, complexes with centralized disposal setups (e.g., apartments and condos with four or more units, two-story residential units) may be considered when such conditions exist that prevent automated service. Exemptions shall be made on a case-by-case basis by the city.

• (Ord. 1094 § 1, 2005; Ord. 1374 § 1, 2022)

Responsible parties of single-family premises shall comply with the following requirements:

• A. Subscribe to and pay for the franchise waste hauler's three-container system collection services for weekly collection of recyclable materials, organic materials, and solid waste generated by the single-family premises and comply with requirements of those services as described below in subsection B of this section. The city shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper source separation of materials and containment of materials. The responsible parties for single-family premises shall adjust their service level for the collection services as requested by the city. The responsible parties for singlefamily premises shall participate in the franchise waste hauler's discarded materials collection service(s) by placing source separated discarded materials in their appropriate containers.

• B. Participate in the franchise waste hauler's three-container system service(s) (recyclable materials container, organic materials container, and solid waste container) in the manner described below.

• C. Place and/or direct its generators to place source separated organic materials, including

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City of Palm Desert, CA

PALM DESERT CODE

§ 8.19.060

§ 8.19.070

food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container.

1. Refrain from placing and/or directing its generators to place Prohibited container Contaminants in collection containers, and shall not place materials designated for the organic materials container or recyclable materials container in the solid waste container.

2. City manager, or their designee, shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service, and for proper source separation and containment of discarded materials.

• D. If approved or directed by city, the franchise waste hauler shall have the right to assess a contamination processing fee and/or a contamination penalty when prohibited container contaminants is/are found in any containers.

• E. Nothing in this section prohibits a responsible party or generator of a single-family premises from preventing or reducing discarded materials generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

• F. It shall be the duty of every person occupying a residential dwelling within the city to keep the premises in their control in a "sanitary condition," which is hereby defined to mean that all parts thereof are free and clean of any accumulation of discarded materials.

• (Ord. 1094 § 1, 2005; Ord. 1374 § 1, 2022)

Responsible parties of multifamily premises (except responsible parties of multifamily premises that meet the self-hauler requirements in Section 8.16.060 of this title) shall:

• A. Subscribe to the franchise waste hauler's three-or three-plus-container system for all discarded materials generated. The city manager or their designee shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service; and multifamily premises shall adjust their service level for their collection services as requested by the city, if the city determines that inappropriate level of service results in generators' noncompliance with this section.

• B. Except multifamily premises that meet the self-hauler requirements in Section 8.16.060 of this title, participate in the three-or three-plus container system, dependent on the available program offered by the franchise waste hauler, for at least weekly collection of recyclable materials, organic materials, and solid waste in the manner described below.

  1. Shall subscribe to the three-or three-plus container collection service (recyclable materials container, organic materials container, and solid waste container, and if applicable, source separated food waste container)

     • a. Three-Container. Place and/or direct its generators to place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and

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City of Palm Desert, CA

HEALTH AND SAFETY

§ 8.19.070

§ 8.19.070

solid waste in the solid waste container.

• b. Three-Plus Container. Place and/or direct its generators to place source separated organic materials, except food waste, in the organic materials container; source separated food waste in the source separated food waste container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container.

2. Shall not place or direct its generators place prohibited container contaminants in collection containers, and shall not place organic materials or recyclable materials in the solid waste container.

3. If approved or directed by the city, the franchise waste hauler shall have the right to assess a contamination processing fee and/or a contamination penalty when prohibited container contaminants are found in any containers.

• C. Participate in the franchise waste hauler's discarded materials collection service(s) by source separated discarded materials into their respective containers.

• D. Supply and allow access to adequate number, size, and location of collection containers for employees, contractors, tenants, and customers, consistent with the city's approved container collection service.

• E. Annually provide to employees, contractors, tenants, and generators educational information about organic waste recovery requirements and about proper sorting of source separated organic material, source separated recyclable materials, and source separated food waste into their respective containers.

• F. The responsible party of a multifamily premises shall provide educational information to new tenants before or within fourteen days of their inhabitation of the multifamily dwelling unit. Educational information will describe requirements to keep source separated organic material and source separated recyclable materials separate from solid waste and the location of containers and the rules governing their use at each property.

• G. Provide or arrange access for city or its designee to their properties during all inspections conducted in accordance with Section 8.19.120 to confirm compliance with the requirements of this chapter.

• H. Nothing in this section prohibits a generator from preventing or reducing organic waste generation, managing organic material on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

• I. It shall be the duty of every person in possession, charge, or control of any multifamily premises within the city to keep the premises in their control in a "sanitary condition," which is hereby defined to mean that all parts thereof are free and clean of any accumulation of discarded material outside of a lawful container.

• J. Multifamily premises that generate two cubic yards or more of total solid waste, recyclable materials, or organic materials per week (or other threshold defined by the state) that arrange for gardening or landscaping services shall require that the contract or work agreement between the owner, occupant, or operator of a multifamily premises and a gardening or landscaping service specifies that the designated organic materials generated by those services be managed in compliance with this chapter.

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City of Palm Desert, CA

PALM DESERT CODE

§ 8.19.070

§ 8.19.080

• K. If the responsible party of a multifamily premises wants to self-haul, they must meet the self-hauler requirements of Section 8.16.060 of this title.

• (Ord. 1374 § 1, 2022)

Responsible parties of commercial businesses (which does not include multifamily premises) shall:

• A. Subscribe to the franchise waste hauler's three-container system for all discarded materials generated. The city or its designee shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service; and commercial businesses shall adjust their service level for their collection services as requested by the city.

• B. Participate in the franchise waste hauler's discarded materials collection service(s) by placing source separated discarded materials into their respective containers.

• C. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections (E)(1) and (E)(2) below) for employees, contractors, Tenants, and generators, consistent with city's discarded materials collection service.

• D. Except commercial businesses that meet the self-hauler requirements of Section 8.16.060 of this title, participate in the city's three-or three-plus container system, dependent on which program is currently available by franchise waste hauler, for at least weekly collection of recyclable materials, organic materials, and solid waste in the manner described below:

  1. Shall subscribe to the three-or three-plus container collection service.

     • a. Three-Container. Place and/or direct its generators to place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container.

     • b. Three-Plus Container. Place and/or direct its generators to place source separated organic materials, except food waste, in the organic materials container; source separated food waste in the source separated food waste container, source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container.

  2. Shall not place or direct its generators place prohibited container contaminants in collection containers, and shall not place organic materials or recyclable materials in the solid waste container.

  3. If approved or directed by the city, the franchise waste hauler shall have the right to assess a contamination processing fee and/or a contamination penalty when prohibited container contaminants are found in any container.

• E. Provide containers for the collection of discarded materials in all indoor and outdoor areas where containers are provided for generators for all discarded materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial

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City of Palm Desert, CA

HEALTH AND SAFETY

§ 8.19.080

§ 8.19.080

business does not generate any of the materials that would be collected in any one type of container, then that business does not have to provide that particular container in all areas where disposal containers are provided for generators. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

1. A body or lid that conforms with the container colors provided through the collection service provided by city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements as detailed in Section 8.19.040. 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 this subsection to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

2. 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.

• F. Prohibit employees from placing materials in a container not designated for those materials to the extent practical through education, training, inspection, and/or other measures.

• G. Annually inspect recyclable material, organic material, and solid waste 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).

• H. Annually provide information to employees, contractors, tenants, and generators about organic material recovery requirements and about proper sorting of source separated organic material and source separated recyclable materials into their respective containers.

• I. Provide educational information before or within fourteen days of occupation of the premises to new tenants that describes requirements to keep source separated organic material and source separated recyclable materials separate from solid waste and the location of containers and the rules governing their use on the premise.

• J. Provide or arrange access for the city or its designee to their properties during all inspections conducted in accordance with Section 8.19.120 to confirm compliance with the requirements of this chapter.

• K. Meet the self-hauler requirements in Section 8.16.060 if a commercial business wants to self-haul.

• L. Not prohibit a generator from preventing or reducing organic waste generation, managing organic material on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

• M. It is the duty of every person in possession, charge, or control of any boarding home, restaurant, hotel, apartment, commercial occupancy, industrial occupancy, eating house, or vacant lot within the city to keep the premises in their control in a "sanitary condition,"

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City of Palm Desert, CA

PALM DESERT CODE

§ 8.19.080

§ 8.19.090

which is hereby defined to mean that all parts thereof are free and clean of any accumulation of discarded material outside of a lawful container.

• N. If approved or directed by city, the franchise waste hauler shall have the right to assess a contamination processing fee and/or a contamination penalty when prohibited container contaminants are found in any of the discarded material containers.

• O. If a commercial business is a tier one or tier two commercial edible food generators, with food recovery requirements pursuant to Section 8.19.100.

• (Ord. 1374 § 1, 2022)

Commercial businesses, including multifamily premises, 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. Under these circumstances, the city manager or their 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 city. Special written permits only include de minimis waivers and physical space waivers, as described below.

• A. De Minimis Waivers. The city may waive a commercial business's obligation (including multifamily premises' obligations) to comply with some or all of the organic material requirements of this chapter if the commercial business provides documentation, or if the city has enough evidence demonstrating, that the business generates below a certain amount of organic material as described in this chapter. If the city has sufficient evidence demonstrating that a commercial business generates below a certain amount of organic waste as described in subsection (A)(2) below, it may verify that the commercial business's organic waste generation complies with the threshold without the receipt of a waiver application as described in subsection (A)(1). As part of the organic waste generation verification process, the city shall request documentation from the commercial business as described 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 below.

2. Provide documentation that either:

   • a. The commercial business's total collection of discarded materials is two cubic yards or more per week and recyclable materials and organic materials subject to collection in recyclable materials container(s) or organic materials container(s) comprises less than twenty gallons per week per applicable container of the commercial business's total waste (i.e., recyclable materials in the recyclable materials stream are less than twenty gallons per week or organic materials in the organic materials stream are less than twenty gallons per week); or

   • b. The commercial business's total collection of discarded materials is less than two cubic yards per week and recyclable materials and organic materials subject to collection in a recyclable materials container(s) or organic materials

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City of Palm Desert, CA

HEALTH AND SAFETY

§ 8.19.090

§ 8.19.090

container(s) comprises less than ten gallons per week per applicable container of the business's total waste (i.e., recyclable materials in the recyclable materials stream are less than ten gallons per week or organic materials in the organic materials stream are less than ten gallons per week).

• c. For the purposes of subsections (2)(a) and (b) above, total collection of discarded materials shall be the sum of weekly container capacity measured in cubic yards for solid waste, recyclable materials, and organic materials collection service excluding discarded materials managed on-site, such as onsite composters and self-hauled discarded materials in accordance with Section 8.16.060.

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

  4. Provide written verification of eligibility for de minimis waiver every five years, when there is a change in business or tenant, or when a conditional use permit is issued, whichever is sooner, if city has approved the de minimis waiver.

• B. Physical Space Waivers. The city may waive a commercial business's or property owner's obligations to comply with some or all of the organic material collection service requirements if the city has evidence from its own staff, the franchise waste hauler, a licensed architect, or a licensed engineer that the premises lacks adequate space for compliance with the organic material collection requirements below. A physical space waiver may also be requested if a commercial business or property owner documents that the premises lacks adequate space for organic material container and recyclable material containers.

The responsible party of a commercial business may request a physical space waiver through the following process:

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

2. Provide documentation that the premises lacks adequate space for recyclable material containers and/or organic material containers including documentation from its franchise waste hauler, licensed architect, or licensed engineer.

3. Provide written verification to city that it is still eligible for physical space waiver every five years or when a conditional use permit is issued, whichever is sooner, if city has approved application for a physical space waiver.

• C. Review and Approval of Waivers by City. Commercial businesses or property owners shall:

  1. Apply to city for a de minimis or physical space waiver if one is required or desired. Waivers are valid for five years.

  2. Any waiver holder must cooperate with the city, its designee, and/or the franchise waste hauler for compliance inspections and enforcement as stated in Section 8.19.120.

  3. Waiver holder must reapply to the city manager or their designee for a waiver upon

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City of Palm Desert, CA § 8.19.090

PALM DESERT CODE

§ 8.19.100

the expiration of the waiver period, and shall submit any required documentation and/ or fees/payments as required by the city. Failure to submit a completed application shall equate to an automatic denial of said application.

4. City manager or their designee may revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable.

(Ord. 1374 § 1, 2022)

Tier one commercial edible food generators must comply with the requirements of this chapter commencing January 1, 2022, And tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3 or as specified in other applicable law.

• A. Commercial edible food generators shall comply with the following requirements:

  1. Arrange to recover the maximum amount of edible food that would otherwise be collected as organic waste

  2. Contract or enter into a written agreement with food recovery organizations and/or food recovery services either for:

     • a. The collection of edible food for food recovery.

     • b. Acceptance of the edible food that the commercial edible food generator selfhauls to the food recovery organization or food recovery service for food recovery.

     • c. Shall not intentionally spoil edible food capable of being recovered by a food recovery organization or food recovery service.

  3. 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 food recovery service or food recovery organization.

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

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

       • iv. The quantity of edible food, measured in pounds recovered per month,

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City of Palm Desert, CA

HEALTH AND SAFETY

§ 8.19.100

§ 8.19.110

collected or self-hauled to a food recovery service or food recovery organization for food recovery.

• B. Large venues or large event operators not providing food service, 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.

Nothing in this section 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 requirements contained in food share donation regulations for schools 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. 1374 § 1, 2022)

• A. Food recovery services collecting or receiving edible food directly from commercial edible food generators via a contract or written agreement shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

  1. The name, address, phone number, email, and contact information of each commercial edible food generator that from which the service collects edible food.

  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, phone number, email, and other contact information for each food recovery organization for which the food recovery service transports edible food for food recovery.

• B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators or food recovery services via a contract or written agreement, shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

  1. The name, address, phone number, email, and other contact information for each commercial edible food generator from which the organization receives edible food.

  2. The quantity in pounds of edible food received from each commercial edible food generator per month.

  3. The name, address, phone number, email, and other contact information for each food recovery service from which the organization received edible food for food recovery.

• C. Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with commercial edible food generators shall maintain records as detailed in subsections A and B, respectively, and shall provide such records to the city upon request.

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City of Palm Desert, CA

PALM DESERT CODE

§ 8.19.110

§ 8.19.120

• D. 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.

• E. When the city, its franchise waste hauler, or designee performs food recovery outreach they will include information on the Good Samaritan Food Donation Act.

• F. The city shall provide a list of food recovery organizations located within the city to county upon request.

• (Ord. 1374 § 1, 2022)

• A. Authority. City manager, environmental services manager, or their 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, to confirm compliance with this chapter by organic material generators, commercial businesses' property owners, multifamily dwelling unit owners, single family dwelling owners, commercial edible food generators, permitted self-haulers, and food recovery services and food recovery organizations, subject to applicable laws.

  1. Per Section 1.08.010 and Chapter 8.80 of the Municipal Code, these powers include the power to issue notices of violation, the power to assess and collect civil fines and penalties or file criminal complaints as provided in this chapter, and the power to enter and inspect public and private property as permitted by law. This chapter does not allow the city to enter the interior of a private residential dwelling 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 city or its designee during such inspections and investigations. As per Section 1.08.010 and in accordance with the requirements of this chapter, the city manager or their designee is authorized to enter upon any nonresidential 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 their duties.

  1. The city reserves the right to implement and use a remote monitoring system to monitor prohibited container contaminants.

  2. Failure to provide or arrange for: (a) access to an entity's premises; or (b) 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 or more requirements of this chapter.

  3. If the property owner or other responsible party refuses permission to enter or inspect, the city manager or their designee 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 city manager or their designee 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

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City of Palm Desert, CA § 8.19.120

HEALTH AND SAFETY

§ 8.19.130

inspections, entries, examinations and surveys shall be done in a reasonable manner and shall at all times comply with constitutional and statutory requirements.

• C. Any records obtained by a city 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. City representatives and/or its designee are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

• E. The city shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints. The franchise waste hauler shall relay to the city in writing all written complaints it receives concerning acts or omissions of itself or another entity that is potentially noncompliant with SB 1383 regulations, including anonymous complaints.

• F. 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 of this code and Section 8.19.130.

• (Ord. 1374 § 1, 2022)

Pursuant to 14 CCR Section 18995.4(a)(1) the city shall begin issuing citations for enforcement of this Chapter 8.19 on or before January 1, 2024. If the city determines that a generator, responsible party, 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 8.19, it shall document the noncompliance or violation and, with the exception of violations of the prohibited container contaminants provisions of this Municipal Code, take enforcement action, including, but not limited to, the issuance of administrative citations and fines, pursuant to Titles 1 and 8 of this code. This chapter shall only apply to non-local entities to the extent permitted by applicable law.

(Ord. 1374 § 1, 2022)

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City of Palm Desert, CA

HEALTH AND SAFETY

§ 8.20.010

§ 8.20.015

CHAPTER 8.20 PUBLIC NUISANCES

Note: Prior ordinance history: Ords. 541, 598, 638 and 1243.