Chapter 15.51 — WestHollywood Municipal Code

§ 15.51.010. Inspections and Investigations.¶

a. City representatives and/or its designated entity, including designees 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 article by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, self-haulers, hauler, food recovery service, and food recovery organizations, subject to applicable laws.
b. The regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's employee or its designated entity/designee 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 described herein. Failure to provide or arrange for: (1) access to an entity's premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in Section 15.51.020.
c. Any records obtained by the city during its inspections, 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. City representatives, its designated entity, and/or designee are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this article, subject to applicable laws.
e. City shall receive complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints.
(Ord. 21-1169 § 2, 2021)

§ 15.51.020. Enforcement.¶

a. Violation of any provision of this article shall constitute grounds for issuance of a notice of violation and an administrative citation by an Enforcement Officer following the administrative penalty procedures set forth in Chapter 1.08 of this code, except as otherwise indicated in this article.
b. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.
c. Education Period for Noncompliance. Beginning January 1, 2022, and through December 31, 2023, the city will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the city determines that organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this article and a notice that compliance is required by

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City of West Hollywood, CA

ENVIRONMENTAL PROTECTION, POLLUTION AND

§ 15.51.020

January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

d. Civil Penalties for Noncompliance. Beginning January 1, 2024, if the city determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this article, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this article.
e. Civil Penalties for Noncompliance. This article shall be interpreted consistent with the city's regulatory authority and shall only apply to local education agencies and other state or federal entities to the extent permitted by law, including SB 1383 regulations.
(Ord. 21-1169 § 2, 2021)

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City of West Hollywood, CA § 15.52.010

ENVIRONMENTAL PROTECTION, POLLUTION AND

§ 15.52.030