Tracy Municipal Code Art. 11 Compliance Inspections, Enforcement, and Penalties

(a) The City or its designee will conduct inspections, route reviews, and compliance reviews to determine compliance with this chapter. If the City or its designee determines that a waste generator, self-hauler, hauler, or commercial edible food generator or other entity is not in compliance with this chapter, the City or its designee shall provide educational materials to the entity describing its obligations under this chapter, and a notice that compliance is required. This section does not allow the City or its designee to enter the interior of a private residential property for inspection.

(b) If the City or its designee determines that a waste generator, self-hauler, hauler, or commercial edible food generator or other entity is not in compliance with this chapter, it shall document the noncompliance or violation and take enforcement action as described in Sections 5.20.260.

(Ord. No. 1324, § 1(Exh. A), 12-21-2021)

(a) The City reserves the right to impose penalties and fees at its sole discretion in response to violations or instances of noncompliance with this chapter. Violation of any provision of this chapter shall constitute grounds for assessment of a notice of violation, administrative citation, and fine by a City Enforcement Official or representative. The City's procedures on imposition of administrative fines are set forth in Chapter 1.28 of this Code and are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection and review of administrative citations issued to enforce this chapter.

(b) Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The City may pursue civil action in the California courts to seek recovery of unpaid administrative fines. The City 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 City staff and resources.

(c) Process for Enforcement.

(1) Enforcement Officials will investigate and monitor compliance with this chapter randomly and through compliance reviews, route reviews, complaint follow-up, and an inspection program.

(2) The City may issue an official notification to inform the regulated waste generator of its obligations under this chapter.

(3) The City may issue a Notice of Violation requiring compliance within sixty (60) days of issuance of the Notice. A Notice of Violation shall include the following information:

(i) the name(s) of each person or entity to whom it is directed;

(ii) a description of the violation(s), including the relevant section(s) of this Code;

(iii) the compliance date by which the person or entity is to correct the violation(s);

(iv) the penalty for not complying within the specified compliance date.

Notices shall be hand delivered or mailed to the owner, manager, and/or tenant of the business or residence that is not in compliance.

(4) If a person or entity fails to comply with the deadline set forth in the Notice of Violation, the City may issue an administrative citation and impose fines, pursuant to Chapter 1.28 of this Code.

(5) The fine amounts shall be as set forth in Section 1.28.050 of this Code, subject to any minimum or maximum penalty amounts imposed by State law.

(Ord. No. 1324, § 1(Exh. A), 12-21-2021)

Persons or entities receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to Sections 1.28.070 through 1.28.110 of this Code.

(Ord. No. 1324, § 1(Exh. A), 12-21-2021)

The City may use its discretion in, but is not obligated to, granting extensions to the compliance deadlines set forth in this Chapter if it finds that extenuating circumstances beyond the control of the respondent make compliance within the deadlines impracticable. These include the following:

(a) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

(b) Delays in obtaining discretionary permits or other government agency approvals; or

(c) Deficiencies in organic waste recycling capacity infrastructure or edible food recovery capacity.

(Ord. No. 1324, § 1(Exh. A), 12-21-2021)