Sacramento Municipal Code Art. IV Penalties for Violations

A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to chapter 1.28.

B. Violations of this chapter are a public nuisance.

C. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.

D. Unless stated elsewhere in this chapter, any person violating any provision of this chapter is guilty of a misdemeanor.

E. All remedies prescribed under this chapter are cumulative and the election of one or more remedies shall not bar the city from the pursuit of any other remedy to enforce this chapter. (Ord. 2021-0003 § 15)

The solid waste manager may issue a notice of violation to any person violating a provision of this chapter, including, but not limited to, any franchise requirement, permit, information request, reporting requirement, or rule or regulation that the solid waste manager is authorized to enforce pursuant to this chapter. (Ord. 2023-0024 § 76; Ord. 2021-0003 § 15)

A. The notice of violation shall contain the following:

1. A statement that indicates a violation has occurred.

2. A reference to the section(s) being violated or any regulation, franchise agreement, franchise requirement, order, or other requirement that has been violated.

3. A date by which the person must be in compliance with this chapter.

4. Notification that continued non-compliance may result in additional enforcement action being taken.

B. The notice of violation may also establish required corrective actions to be taken, including the following:

1. Terms, conditions, and requirements reasonably related to the provisions of this chapter:

a. Ceasing any prohibited actions;

b. Correcting any prohibited actions;

c. Requiring the submission of a written action plan for achieving compliance with the provisions of this chapter;

d. Reporting requirements to demonstrate continued compliance; or

e. The person receiving the notice of violation shall submit written certification to the solid waste manager that the requested corrective actions have been implemented or completed.

2. Any other terms or conditions reasonably calculated to prevent additional or future violations. (Ord. 2023-0024 § 77; Ord. 2021-0003 § 15)

A. The solid waste manager may issue an administrative enforcement order to any person violating a provision of this chapter, including but not limited to, any franchise requirement, permit, information request, reporting requirement, or rule or regulation that the solid waste manager is authorized to enforce pursuant to this chapter.

B. The solid waste manager may issue an administrative enforcement order either after issuing a notice of violation or in combination with a notice of violation. (Ord. 2023-0024 § 78; Ord. 2021-0003 § 15)

A. The notice of administrative enforcement order shall contain the following:

1. A statement that a violation has occurred.

2. A reference to the section(s), regulation, franchise agreement, franchise requirement, order, or other requirement that has been violated.

3. A date by which the person must be in compliance with this chapter.

4. Notification that continued non-compliance may result in additional enforcement action being taken.

5. Notification that the city may recover costs incurred by the city as a result of the violation.

6. Notification that the person has the right to appeal the administrative enforcement order and information about how to request an appeal.

B. The administrative enforcement order may also establish required corrective actions to be taken, including the following:

1. Terms, conditions, and requirements reasonably related to the provisions of this chapter:

a. Ceasing any prohibited actions;

b. Correcting any prohibited actions;

c. Requiring the submission of a written action plan for achieving compliance with the provisions of this chapter; or

d. Reporting requirements to demonstrate continued compliance.

2. The person receiving the administrative enforcement order shall submit written certification to the solid waste manager that the requested corrective actions have been implemented or completed.

3. Any other terms or conditions reasonably calculated to prevent additional or future violations. (Ord. 2023-0024 § 79)

Whenever a notice of administrative enforcement order is given under this chapter, the notice shall be served as provided in section 1.04.100. (Ord. 2023-0024 § 80)

A. A person may appeal a notice of an administrative enforcement order by submitting a written appeal to the solid waste manager within 10 calendar days from the date of service of the notice of an administrative enforcement order. The written appeal must be accompanied by a nonrefundable appeal fee in an amount established by city council resolution. The written appeal shall contain:

1. A brief and concise statement explaining why the notice of administrative enforcement order is being contested and any material facts supporting the contentions of the appellant;

2. A brief and concise statement of the reasons why the notice of administrative enforcement order should be reversed or set aside;

3. The signatures of all parties named as appellants and their official mailing addresses; and

4. A declaration under penalty of perjury by at least one appellant as to the truth of the matters stated in the notice of appeal.

B. The appeal hearing shall be conducted by a hearing examiner appointed pursuant to section 1.24.050.

C. Upon receipt of any appeal filed pursuant to this section, the solid waste manager shall transmit the appeal to the secretary of the hearing examiner who shall set it for hearing as follows:

1. If the appeal is received by the solid waste manager at least 15 days prior to the next regularly scheduled appeal hearing date, it shall be set for hearing on that date.

2. If the appeal is received by the solid waste manager less than 15 days prior to the next regularly scheduled appeal hearing date, it shall be set for hearing on the next subsequent appeal hearing date.

D. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the secretary of the hearing examiner either by causing a copy of the notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.

E. Failure of any person to file a timely appeal in accordance with the provisions of this section constitutes an irrevocable waiver of the right to an administrative hearing and the notice of administrative enforcement order shall be final.

F. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered in the appeal hearing. (Ord. 2023-0024 § 81; Ord. 2021-0003 § 15)

A. At the time set for hearing, the hearing examiner must hear the testimony of city personnel, the appellant, and other competent persons, including members of the public, respecting those matters or issues specifically listed by the appellant in the notice of appeal.

B. The proceedings at the hearing must be electronically recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense.

C. The hearing examiner may, upon his or her own accord or upon request of the appellant or the department, for good cause shown, grant continuances.

D. The hearing examiner may upon his or her own accord or upon request of the appellant or the department, inspect the appellant's premises prior to, during, or after the hearing, provided that:

1. Notice of the inspection must be given to the parties before the inspection is made; and

2. The parties' consent and are given an opportunity to be present during the inspection.

E. Failure of any person to file a timely appeal in accordance with the provisions of this section constitutes an irrevocable waiver of the right to an administrative hearing and the notice of administrative enforcement order shall be final.

F. Each party may rebut or explain the matters so stated by the hearing examiner either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.

G. Notice to the parties, or the owner(s)' consent to inspect the property is not required if the property can be inspected from areas to which the general public has access or with permission of other persons authorized to provide access to the property or buildings located on the property.

H. In any proceedings under this chapter, the hearing examiner may administer oaths and affirmations and certify official acts. (Ord. 2023-0024 § 81; Ord. 2021-0003 § 15)

A. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. Subsections (a), (b), and (c) of California Government Code section 11513 apply to hearings under this chapter.

B. Oral evidence must be taken only upon oath or affirmation.

C. Irrelevant and unduly repetitious evidence must be excluded.

D. Each party must have these rights, among others:

1. To call and examine witnesses on any matter relevant to the issues of the hearing;

2. To introduce documentary and physical evidence;

3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

4. To impeach any witness regardless of which party first called the witness to testify;

5. To rebut the evidence presented against the party; and

6. To represent himself, herself, or itself, or to be represented by anyone of his, her, or its choice who is lawfully permitted to do so.

E. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact that may be judicially noticed by the courts of this state or that may appear in any of the official records of the city. (Ord. 2021-0003 § 15)

A. If it is shown, by a preponderance of the evidence, that one or more reasons for issuance of the notice of administrative enforcement order under any of the grounds specified in this chapter exist, the hearing examiner shall affirm the notice of administrative enforcement order. The decision of the hearing examiner shall be in writing and contain findings of fact and a determination of the issues presented.

B. The decision shall inform the parties that the decision is final and that the time for judicial review is governed by California Code of Civil Procedure sections 1094.5 and 1094.6. Copies of the decision shall be delivered to the parties personally or sent by certified mail to the address shown on the appeal. The decision is final when signed by the hearing examiner and served as provided in this section. (Ord. 2023-0024 § 82; Ord. 2021-0003 § 15)

A. The solid waste manager is authorized to inspect waste material collection areas on any property within the city for compliance with this chapter.

B. When a violation occurs for non-compliance with solid waste or recycling mandates in this chapter, the solid waste manager may issue a notice of violation, administrative enforcement order, administrative penalty, or any combination thereof, and schedule a re-inspection.

C. When a violation continues to exist following the first inspection and according to the timeframe for mandatory correction established by the notice of non-compliance, there shall be, upon re-inspection, a re-inspection fee imposed against the responsible person. Should a violation continue following the re-inspection, additional re-inspections shall be conducted and applicable re-inspection fees may be imposed. (Ord. 2026-0003 § 23; Ord. 2023-0024 § 83; Ord. 2021-0003 § 15)

A. Any franchisee not diverting the required percentage, by weight, of the waste materials under its collection shall pay a recycling shortfall penalty for the tonnage shortfall that would be needed for the franchisee to be diverting waste in compliance with section 13.24.310 of this chapter and any resolution adopted by the city council. The tonnage shortfall shall be based on quarterly reports and documented diversion reported by the franchisee, as determined by the city. The amount of the recycling shortfall penalty will be set by resolution of the city council or defined in the franchise agreement.

B. The implementation of the recycling shortfall penalty does not relieve franchisee from the obligation of complying with the diversion requirements of section 13.24.310. Failure to pay any recycling shortfall penalty shall constitute grounds for the immediate suspension of the franchise, without advance notice or hearing, pending compliance by the franchisee with the requirements of this chapter.

C. Franchisees are responsible for reimbursement of costs incurred by the city, including staff time and any other city or consultant services, to perform detailed audits where the city determines that documentation of diversion, as reported by franchisees, is inadequate. Where necessary, the city will retain the services of an independent consultant to verify performance and conduct any necessary diversion audits. (Ord. 2023-0024 § 84; Ord. 2021-0003 § 15)13.24.760