Sonoma County Municipal Code § 22-22 Enforcement officers

The director of transportation and public works or designee shall be the enforcing officer for the purposes of this chapter, and pursuant to Chapter 1 of the Sonoma County Code regarding administrative citations and code enforcement. In addition, the director may designate the director of environmental health, of the department of health services to enforce specified portions of this chapter on behalf of the county. Nothing in this section shall be construed to limit the county's right to contract with the Sonoma County Waste Management Agency and/or county franchisees to perform inspections, monitor compliance with this chapter, and investigate complaints, on behalf of the county.

(Ord. No. 6361, § II(Exh. A), 11-16-2021)

(a) Authority to Conduct. County staff, local enforcement agency staff, the Sonoma County waste management agency, and/or, their respective designees, which may include county franchisees, 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, or source separated materials to confirm compliance with this ordinance by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow inspectors to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with Sections 22-3, 22-4, 22-15 or 22-16 of this chapter, representatives of entities authorized pursuant to this subsection may conduct container inspections for prohibited container contaminants using remote monitoring.

(b) Cooperation with Inspectors Required. Generators shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the county's staff or its designees during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of remote monitoring equipment; or (iii) access to records for any inspection or investigation is a violation of this ordinance and may result in penalties described.

(c) Public Records. Any records obtained during inspections, remote monitoring, 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) Complaints. Written complaints from persons regarding an entity that may be potentially non-compliant with this chapter, including anonymous complaints, may be directed to the department and/or its designee.

(Ord. No. 6361, § II(Exh. A), 11-16-2021)

(a) Citations, Generally. Violation of any provision of this ordinance shall constitute grounds for issuance of an administrative citation and assessment of a fine by county staff and/or local enforcement agency staff, with consent of the director of transportation and public works. Chapter 1 of the Sonoma County Code of Ordinances establishing procedures for the imposition of administrative fines is hereby incorporated in its entirety, as it may be modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance, except as otherwise indicated in this Chapter 22.

(b) Alternative Remedies Reserved. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction, subject to the maximum fine or penalty amounts for infractions set forth in Government Code Section 25132 and Section 36900(b).

(c) Unpaid Citations. Designated enforcing officers may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. Enforcing officers 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 county staff and resources.

(d) Responsible Entity for Enforcement.

(1) County enforcing officers, in consultation with county counsel as needed, will interpret this ordinance; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.

(2) County enforcing officers may issue notices of violation(s).

(e) Process for Enforcement.

(1) For the first violation, the enforcing officer, or his or her designee, upon determination that a violation of this chapter has occurred, shall issue a written warning notice to the responsible party specifying that a violation of this chapter has occurred, along with the appropriate penalties in the event of future violations.

(2) For any subsequent violation, a notice of violation shall be issued, which shall require compliance within sixty (60) days of issuance of the notice.

(3) Absent compliance by the respondent within the deadline set forth in the notice of violation, county shall commence an action to impose penalties as allowed by this Chapter 22 and pursuant to Chapter 1 of the Sonoma County Code.

(f) Penalty Amounts for Types of Violations. Penalties shall be assessed as follows, except as larger sums may be allowable by state laws, as they may be amended from time to time:

(1) For a first violation, a fine of one hundred dollars ($100.00) per violation.

(2) For a second violation, a fine of two hundred dollars ($200.00) per violation.

(3) For a third or subsequent violation, a fine of five hundred dollars ($500.00) per violation.

(g) Compliance Deadline Extension Considerations. The enforcing officer may extend the compliance deadlines set forth in a notice of violation issued in accordance with this Section 22-24 upon finding that there are extenuating circumstances beyond the control of the responsible party 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 county is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

(h) Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to the procedures described in Chapter 1, Section 1-7.3 of this code.

(Ord. No. 6361, § II(Exh. A), 11-16-2021)

Nothing in this chapter shall be interpreted or applied so as to create any requirement, power or duty in conflict with any federal or state law.

(Ord. No. 6361, § II(Exh. A), 11-16-2021)