Vallejo Municipal Code Ch. 7.52 Enforcement

A. The city manager or designee, public works director or designee, the health department, or code enforcement officer shall undertake the enforcement of the provisions of this chapter and Chapters 7.40 through 7.48.

B. The city manager or designee shall enforce the provisions of this chapter and Chapters 7.40 through 7.48 relating to the performance of the franchisee's obligations under the franchise agreement.

C. The health department and public works director shall enforce the provisions of this chapter and Chapters 7.40 through 7.48 relating to collection and processing or disposal as it relates to the public health, safety, and welfare.

(Ord. 1595 N.C. (2d) § 4 (part), 2007.)

(Ord. No. 1849 N.C. (2d), § 41, 4-13-2021)

Nothing in this chapter and Chapters 7.40 through 7.48 and 7.53 shall be deemed to prohibit or prevent the emergency removal, disposal, and transportation of solid waste, recyclables and construction and demolition debris considered by the health department or public works director to be a health menace. Said emergency removal shall be authorized by the health department or public works director, and upon written authorization, persons other than the franchisee may promptly remove, transport, and dispose of the solid waste, recyclables and construction and demolition debris in the manner specified in Chapter 7.44.

(Ord. 1595 N.C. (2d) § 4 (part), 2007.)

It is unlawful for any person to interfere in any manner whatsoever with the collection, transportation and disposal of solid waste and recyclables by the franchisee authorized to collect, transport, and dispose of same.

(Ord. 1595 N.C. (2d) § 4 (part), 2007.)

In addition to those city employees authorized by administrative rule, pursuant to Section 1.14.010 of this code, officers of the health department customarily engaged in enforcement of Chapters 7.40 through 7.52 are authorized to make arrests under the conditions prescribed by Section 836.5 of the California Penal Code, and may issue written notices to appear as prescribed therein and in chapter 5C of Part 2, Title 3, commencing with Section 853.5 of the California Penal Code.

(Ord. 1595 N.C. (2d) § 4 (part), 2007.)

A. Criminal Penalties. Any person who violates any provision of Chapters 7.40 through 7.52 shall be guilty of either an infraction or misdemeanor as set forth in Section 1.12.010 of this code.

B. Civil Enforcement. Any violation of any provision of Chapters 7.40 through 7.52 may be enforced as set forth in Sections 1.12.020 and 1.12.030 of this code.

C. Administrative Citations. Any violation of any provision of Chapters 7.40 through 7.52 may be enforced by the issuance of an administrative citation as set forth in Chapter 1.15 of this code. Penalties imposed for violations shall not be less than the minimum penalty amounts prescribed under section 18997.2 of Title 14 of the California Code of Regulations or other applicable law or regulations, as may be amended.

D. Separate Violations. There shall be a separate violation of any provision of Chapters 7.40 through 7.52 for each day on which a violation occurs.

E. Cumulative Remedies. The foregoing remedies shall be deemed nonexclusive, cumulative and in addition to any other remedy the city may have at law or in equity, including but not limited to injunctive relief to prevent violations of Chapters 7.40 through 7.52.

F. Attorney Fees. In any civil enforcement action, administrative or judicial, the city shall be entitled to recover its attorney's fees and costs from any person who is determined by a court of competent jurisdiction to have violated any provision of Chapters 7.40 through 7.52.

G. Persons receiving an administrative citation may request a hearing to appeal the citation as prescribed in Section 1.15.090 and in accordance with the procedures set forth in Chapter 1.15 of this code.

(Ord. 1595 N.C. (2d) § 4 (part), 2007; Ord. No. 1849 N.C. (2d), § 42, 4-13-2021)