Yucca Valley Municipal Code Part VII Enforcement

A. Town employees, designee, and/or its solid waste franchisee 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 Chapter, subject to applicable laws. This Section does not allow the Town to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with this Chapter, the Town may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring, where applicable.

B. Persons in charge shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with Town employees, designee, and/or its solid waste franchisee 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 Chapter described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of remote monitoring equipment, where required; or (ii) access to records for any inspection or investigation is a violation of this Chapter and may result in penalties described.

C. Any records obtained by a Town during its 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. Town employees, designee, and/or its solid waste franchisee are authorized to conduct any inspections, remote monitoring or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.

E. The Town shall receive written complaints from persons regarding an entity that may be potentially non-compliant with this Chapter, including receipt of anonymous complaints. (Ord. 301, 6-7-2022)

A. Pursuant to California Penal Code section 836.5, any Town Code enforcement officer is authorized to enforce the provisions of this Chapter and as well as those of California Penal Code sections 374, 374a, 374.2, 374.3, 374.4, 374d, 374.7, and 375; California Government Code sections 68055 et seq.; and California Vehicle Code sections 23111 and 23112.

B. Any violation of this Chapter may be enforced in any manner authorized by law, including, but not limited to, an administrative citation, criminal citation, nuisance abatement action, or civil action. (Ord. 289, 5-19-2020; amd. Ord. 301, 6-7-2022)

Except as otherwise provided in this Chapter, violations of this Chapter are punishable as set out in Title 13 of the Town of Yucca Valley Municipal Code. (Ord. 289, 5-19-2020; amd. Ord. 301, 6-7-2022)

Violation of this Chapter shall be a misdemeanor. (Ord. 289, 5-19-2020; amd. Ord. 301, 6-7-2022)

In any action or proceeding brought to enforce a violation of this Chapter, including, but not limited to, a nuisance abatement action and an action to foreclose on a special assessment, the prevailing party shall recover its reasonable attorney's fees and costs. (Ord. 289, 5-19-2020; amd. Ord. 301, 6-7-2022)

A. Containers Subject To Impounding: Any container within the Town that is not provided by the appropriate solid waste franchisee or approved by the Town pursuant to an approved self-haul permit may be impounded in accordance with this Section. Containers used for composting at single-family premises, as allowed by this Chapter, shall not be subject to impounding pursuant to this Section.

B. Notice To Remove: The Town Manager may cause a notice to remove to be posted on the illegal container. The notice to remove shall state that the container must be removed from the premises within three (3) calendar days from the date the notice is posted on the container or it will be removed and stored by the Town and the contents disposed of at the expense of the owner of the container. The posting of the notice to remove constitutes constructive notice to the owner of the container and the person in charge of the premises that the container must be removed from the premises.

C. Removal Of Containers: If the container is not removed within three (3) calendar days of the notice to remove, the Town Manager may direct the removal and storage of the container and the disposal of its contents. The Town may employ the services of its solid waste franchisee(s) or any other contractor to remove said containers. Any person whose duty it is to remove and store containers may enter upon private property with the consent of the owner or other person in charge of the premises, or by authority of a warrant, or without consent or a warrant if exigent circumstances exist.

D. Storage Of Containers: After a container is removed and placed in storage, the Town Manager shall mail to the owner of the container a notice to claim the stored container, if the identity of the owner of the container is known. The Town Manager shall make reasonable efforts to identify the owner of a stored container. If the container is not claimed within thirty (30) calendar days after notice to the owner is mailed, or thirty (30) days after the container is removed if the owner is not known, the container shall be deemed abandoned property and may be disposed of accordingly.

E. Release Of Container: No container shall be released to its owner unless the owner has paid the Town for the actual costs of the removal, storage and disposal of contents, plus any administrative and ancillary fees, fines or penalties established by resolution of Town Council. All amounts due to the Town shall constitute a civil debt owed to the Town by the owner of the container. (Ord. 289, 5-19-2020; amd. Ord. 301, 6-7-2022)