San Jose Municipal Code Part 16 Enforcement

The director and the health officer shall have the authority to enforce the provisions of this chapter. This authority shall be in addition to the authority granted to police officers.

(Ord. 24315.)

The director shall have the power to establish rules and regulations consistent with the provisions of this chapter, such rules and regulations to have as their purpose the enforcement of the provisions of this chapter and the health and sanitary laws and ordinances of the city. Such rules and regulations shall have the effect of law.

(Ord. 24315.)

Notwithstanding any other provision of this Chapter, the Director, or the Director's designee, may require the Owner of a residential or Commercial Premises or the Generator of Solid Waste at such Premises to subscribe to and pay for Solid Waste collection services in such configuration as the Director determines is necessary for the preservation of the public health and/or public safety. Such requirements may include, but are not limited to, requiring Solid Waste containers in such sizes and numbers as needed to store all the Solid Waste generated at the Premises during the periods between collections, requiring the Owner or Generator to change the frequency of Solid Waste collections at the Premises, and requiring a change from residential to commercial collection service or from commercial to residential collection service.

(Ords. 26625, 30684.)

A. During any period of time for which the President of the United States, the Governor of the state of California or the Mayor of the City of San José has declared a state of emergency exists in the City of San José or any part thereof, the Director, in consultation with the Health Officer, may suspend any Solid Waste Handling requirements of this Chapter and may promulgate such alternative Solid Waste Handling requirements as the Director deems necessary for the protection and preservation of the health, safety and general welfare of the people of the City of San José.

B. The Director, in their sole discretion and in accordance with applicable law, may offer waivers, such as waivers permissible by 14 CCR Section 18984.11 or otherwise described in this Chapter, or other exemptions that may be granted to Generators on the basis of demonstrated extenuating circumstances for some of the requirements of this Chapter. Qualified and interested persons may apply for or be granted such waivers, in accordance with the administrative processes prescribed by the Director or their designee, and shall pay all relevant administrative fee(s), if enacted, in the amount specified in the schedule of fees adopted by resolution of the City Council for the City's administration of the waiver process.

C. In determining whether to grant the waiver or exemption, the Director shall evaluate all relevant factors including, but not limited to: type of Generator; physical space constraints; volume of discarded materials generated; collection frequency needs; occupancy or development of the Premises; demonstrated extenuating circumstances by the applicant; and other factors related to exemptions that may be available under applicable law, as amended. The Director may, in their sole discretion, add or remove factors considered in the criteria for waivers and exemptions granted under this Section.

D. Any person granted a waiver by the City shall follow all terms and conditions incorporated as part of the waiver, or otherwise prescribed by the Director or their designee, regardless of whether or not those terms have been specified in this Chapter or other sections of the City's municipal code. The City reserves the right to conduct inspections to verify compliance with the conditions of any waiver or exemption, or application therefore, both prior to granting of such waiver or exemption, and at subsequent times thereafter as determined appropriate by the Director.

(Ords. 24315, 30684.)

A. Whenever necessary to make an inspection of any building, structure or premises for the enforcement of this chapter, or whenever the director or the health officer has cause to believe that there exists any condition which endangers the public health, the director or the health officer is authorized to enter such building, structure or premises at all reasonable times to inspect the same and to exercise any power or authority or to perform any duty imposed upon the director or the health officer under this chapter.

B. The right of entry authorized by this section shall be subject to the following requirements:

1. If the building, structure or premises is occupied, the director or health officer shall first present proper credentials, explain the purpose for which entrance is desired, and demand entry.

2. If such property is unoccupied, the director or health officer shall first make a reasonable effort to locate the owner or other persons having charge or control of the property, present proper credentials, explain the purpose for which entrance is desired, and demand entry.

3. If the director or health officer is refused entrance to the property, or the director or health officer cannot locate the owner or other person having charge or control of the property, the director or health officer shall refrain from entering until authorized to do so by proper judicial authority.

(Ord. 24315.)

Violations of this Chapter may be prosecuted criminally, civilly, or administratively either undertaken separately or in conjunction with other remedies, at the sole discretion of the City. Nothing in this chapter shall be deemed to prevent the City from commencing any administrative or legal proceeding to enforce this Chapter, Code, or any law.

(Ord. 31220.)