“Garbage” means all kitchen and table leavings or waste, offal, swill, all discarded accumulations of animal, vegetable or other matter resulting from the preparation or consumption of food or foodstuffs, or the storage of, or business of dealing in, any of the same, and all abandoned dead animals.

“Refuse” includes debris, garbage and rubbish as defined in this section, discarded or abandoned used clothing, bedding, mattresses, carpets, linoleum or oil cloth, sweepings or cleanings from buildings, yards, lawns, or gardens, empty bottles, tin cans or containers, broken crockery and glassware, old metals, wires, packing or wrapping materials, ashes or broken bricks, or any other discarded, abandoned or useless matter which, by its presence or accumulation may injuriously affect the health, comfort, safety or convenience of any portion of the community by increasing the danger of disease, injury or damage to person or property, or hazard by fire; and shall include all other organic or inorganic matter rejected, abandoned or discarded by the owners or producers thereof as useless or offensive.

“Rubbish” means all classes of refuse not herein classified as garbage. (Ord. No. 428, § 2; Ord. No. 568, § 1)

12.2 Right of entry of city officials for inspection, etc.

To facilitate the enforcement of this article and to carry out the true intent thereof, it shall be lawful for the city health officer, fire chief or any peace officer of the city to enter any hotel, restaurant or public place or any yard or out buildings of any public place or private residence for the purpose of ascertaining the sanitary condition thereof, and the removal of unlawful or dangerous accumulations of refuse therein or thereon. The fire chief, the members of the police department and health officer of the city are hereby authorized and directed to enforce the provisions of this section, and any person denying or obstructing such entry or inspection shall be guilty of a misdemeanor and subject to the punishment provided by section 1.7. (Ord. No. 428, § 16)

12.3 Depositing carcasses, garbage, etc., on one’s own premises.

It is hereby declared to be a nuisance and it shall be unlawful for any person to cause, suffer or permit the carcass of any animal to remain upon any lot, premises or place owned, controlled or occupied by him in the city, for a period of twenty-four hours, or to cause, suffer or permit any animal or vegetable matter, garbage, filth, night soil, slops, swill, suds, stagnant water or other offensive matter liable to become putrid, to collect or be deposited upon any lot, premises or place owned, controlled or occupied by him, except as otherwise provided by sections of this Code which regulate the accumulation and removal of garbage. (Ord. No. 314, § 9)

12.4 Dumping garbage, etc., on another’s premises.

It shall be unlawful for any person to trespass or go upon the land or property of any other person for the purpose of dumping, or to dump upon the land or property of any other person, any garbage, refuse, junk or any waste or discarded matter of any kind. (Ord. No. 314, § 10)

12.5 Depositing garbage, etc., on streets, alleys and public grounds.

It shall be unlawful for any person to place, throw, deposit, dump or stand any paper, cans, bottles, broken glass, ash tray accumulations, refuse, trash, rubbish or garbage in or upon any public or private alley or street or public grounds within the city or cause the same to be so done; except that garden refuse may be deposited in proper containers or properly bundled for the purpose of having the same collected by trash or refuse or garbage collectors employed by or under contract with the city in accordance with this Code. (Ord. No. 267, § 1; Ord. No. 618, § 1)

State law references—Deposit of offensive matter on roads or private property, Pen. C. § 374b.

12.6 Use of premises as dumping grounds.

It is hereby declared to be a nuisance and it shall be unlawful for any person to use or suffer or permit to be used any premises owned, occupied or controlled by him or her in the city, for the throwing, dumping or depositing of table refuse, offal, swill, accumulation of animal, vegetable or other matter that attends the preparation, consumption, decay or dealing in or storage of meats, fish, fowl, fruits or vegetables, or animals, or any garbage or offal, ashes, tin cans or rubbish. (Ord. No. 314, § 11; Ord. No. 86-19, § 47, 10-6-86)

12.6-1—12.6-4 Reserved.

Editor’s note—Ord. No. 86-19, § 48, adopted October 6, 1986, repealed §§ 12.6-1—12.6-4 in their entirety. Former §§ 12.6-1—12.6-4 were concerned with the city dump, and derived from Ord. No. 817, §§ 1—4, adopted April 15, 1968.

DIVISION 2. COLLECTION GENERALLY

12.7 Exclusive right of city to collect.

The city, in order to more effectually promote and protect the public health and safety and reduce the danger and hazards of fire and conflagration, reserves unto itself the exclusive right to collect, transport and dispose of, or cause to be collected, transported and disposed of, all offal, refuse, garbage and debris produced or found within the city. It is hereby declared to be unlawful for any person, except as provided in this chapter, to collect, transport or dispose of any offal, refuse, garbage or debris within the city, except as provided in this chapter. (Ord. No. 428, § 1)

12.8 Limitations on burning offal, etc.

It is hereby declared to be a nuisance and it shall be unlawful for any person to burn or suffer or permit to be burned, upon any premises owned, occupied or controlled by him in the city, any bone, feathers, offal, flesh, hair or other substance in such a manner as to cause odors or gas therefrom to taint the air and render it unwholesome or injurious to the health, or offensive to the senses of the inhabitants of the city or any number thereof. (Ord. No. 314, § 4)

12.9 Contract and permit for person to collect—Required; surety bond.²

It shall be unlawful for any person to engage in or carry on the business of collecting, removing or transporting garbage or refuse matter as defined by section 12.1, in the city without first entering into a written contract with the city for such purpose and obtaining a permit from the city council to engage in or carry on such business and in addition thereto, filing a surety bond in favor of the city in the penal sum of two thousand five hundred dollars ($2,500.00) conditioned on the faithful performance of and compliance with the terms of such contract and the provisions of this chapter, on the part of such person engaging in or carrying on such garbage and refuse collecting business. (Ord. No. 428, § 8; Ord. No. 430, § 1)

12.10 Same—Contract not assignable without consent of city council; when permit is automatically canceled.

The contract and permit provided for in this chapter shall not be assignable by such garbage collection described in the preceding sections to any person whomsoever except by the written consent of the city council. Upon a discontinuance of business by the person to whom such contract is awarded and permit issued, such permit shall be immediately taken up by the city clerk, who shall cancel the same of record in his office. (Ord. No. 428, § 11)

12.11 Frequency of collection.

All garbage accumulated at any private dwelling house or residence in the city, shall be removed by the garbage collector at least once each week, or oftener if necessary. All garbage accumulated at hotels, restaurants, boardinghouses, or business houses, shall be removed by the garbage collector as often as necessary to comply with health and fire codes. All rubbish accumulated at private dwellings, residences, hotels, boardinghouses, restaurants or business houses in the city, shall be removed by the garbage collector at least once each month or oftener if necessary. (Ord. No. 428, § 4; Ord. No. 90-2, 2-20-90)

12.12 Construction, etc., of vehicles carrying garbage or refuse.

It shall be unlawful for any person to use any vehicle for the collection or conveyance of garbage or refuse unless the same is staunch and tight and so constructed as wholly to prevent the leakage of or loss of any liquids or solids carried therein. All such vehicles used for the transportation of garbage shall be provided with a suitable cover approved by the building inspector of the city. (Ord. No. 428, § 6)

12.13 Collector to transport refuse to city dump; exception as to irons, metals, machinery, etc.

All garbage, refuse and rubbish collected by the garbage collector shall be transported by him to the city garbage dump for disposal, with the exception of automobiles, automobile trucks, vehicles, tractors, machinery, implements, iron and metals, but not excepting small tin cans with the content capacity of less than a gallon, which shall be transported for disposal to such other dumping grounds as the city shall from time to time direct. (Ord. No. 428, § 9)

12.14 City council to arbitrate complaints against collector; action which may be taken against collector.

The city council shall have authority to hear and determine any and all complaints by any person against the garbage collector holding contract with and permit from the city for the collection of garbage and refuse within the city, and to cancel such contract and revoke such permit, for the insolent or threatening conduct or failure of such collector to collect refuse and garbage in accordance with the provisions of this chapter, or in accordance with the provisions of any contract in force between the city and such collector, or for any violation of any sanitary regulations or rules made by the city council, or health officer of the city, pursuant to the provisions of this chapter. The city council also shall have the right to declare the bonds of such collector forfeited to the city and city attorney is hereby authorized to take such legal action as may be necessary to effect a collection of the penal amount named in such bond for and on behalf of the city. (Ord. No. 428, § 10)

12.15 Regular calls to be made by collector; method of removal.

The garbage collector shall call regularly, as provided in this chapter, at the dwellings, restaurants, hotels, boardinghouses, business houses and other places where garbage is produced or created in the city and collect the same therefrom. Such garbage shall not be removed in a manner needlessly offensive to the senses or filthy in relation to any person, place, building, premises or highway. (Ord. No. 428, § 11)

12.16 Mandatory garbage service required; unlawful to hinder collectors.³

(a) It shall be mandatory for all owners, occupants or persons in possession, charge or control of all places and premises in the City of Gilroy in or from which garbage is created, accumulated or produced to subscribe to and use the city’s garbage collection service in the manner and according to the terms and provisions of this chapter, and failure to do so shall be unlawful.

(b) It shall be unlawful for any person to hinder, threaten, impede or obstruct any garbage collector holding a permit as provided in this division in the performance of his duties as defined in section 12.9. (Ord. No. 428, § 15; Ord. No. 880, § 1, 2-2-70)

12.17 Final decision of health officer as to proper placing of receptacle for collection.

In all cases of dispute and complaints arising as to the place where the receptacle containing garbage shall be placed awaiting removal thereof by the garbage collector, the health officer shall forthwith designate the place for the same and his decision shall be final. (Ord. No. 428, § 13)

DIVISION 3. ACCUMULATIONS

12.18 Duty of owners, etc., to provide receptacles; provisions for maintaining receptacles.

It shall be the duty of every owner, tenant, lessee or occupant of any private dwelling house, or the proprietor, manager, owner or lessee of any hotel, restaurant, cafe, boardinghouse, rooming house or other public place of business in the city to provide standard thirty or thirty-two gallon plastic or metal garbage receptacles with cover of the same, not to exceed fifty (50) pounds weight when loaded, or approved garbage and rubbish bins for receiving and holding all the garbage and rubbish produced, created or accumulated upon such premises between the times for the collection of garbage and rubbish as provided in this chapter, and shall deposit such garbage and rubbish therein. All such receptacles shall be at all times kept in a sanitary condition and shall be placed for collection in the alley behind the premises, or if there is no alley access, then on the front curb, or such other place as may be approved by the director of public works or the garbage contractor, so as to be readily accessible for removing and emptying the same, but shall not be placed within the limits of any street in the city, or anywhere so as to constitute a nuisance. (Ord. No. 428, § 3; Ord. No. 76-4, § 2, 2-17-76; Ord. No. 88-6, § 1, 5-16-88)

State law references—Garbage receptacles generally, H. & S. C., §§ 17809, 17810.

12.19 Collection times.

Days for the collection of garbage in various parts of the city shall be established from time to time by the director of public works in cooperation with the garbage contractor. Receptacles shall be placed in the proper area for collection the evening prior to collection and shall be removed the morning after. (Ord. No. 76-4, § 2, 2-17-76)

Editor’s note—Ord. No. 76-4 repealed former § 12.19, pertaining to the collection of rubbish and dirt, derived from Ord. No. 428, and added a new § 12.18 as herein set out.

12.20 Unlawful to allow rubbish to accumulate on premises.

It shall be unlawful for any person, owner or occupant of any building, lot or premises in the city to suffer, allow or permit to collect or remain upon such lot or premises or in such building any rubbish, including dry grass or weeds within two (2) feet of any fence or building. Such rubbish must be collected and removed within the time and in the manner herein provided. (Ord. No. 428, § 7)

State law references—Authority of city to declare weeds and rubbish along streets, etc., nuisances, Gov. C., § 39561.

12.21 Removal of accumulated rubbish within eight hours of notification.

Any person who shall fail to cause all rubbish, waste material, dry grass, weeds or foul growths which become a menace to public safety and increase the fire hazard, to be removed from any lot, piece or parcel of land within the city within eight (8) hours after having been notified to do so by the chief of police or the chief of the fire department of the city shall be guilty of an infraction. (Ord. No. 294, § 1; Ord. No. 338, § 1; Ord. No. 77-15, § 7, 4-18-77)

DIVISION 4. COLLECTION FEES

12.22 Unlawful to exceed designated prices.

It shall be unlawful for any garbage collector to charge any person any sum of money in excess of the prices set forth in this division for the hauling and collection of any garbage or rubbish in the city. (Ord. No. 428, § 14; Ord. No. 568, § 2)

12.23 Charges for collection.

Maximum charges for the collection of garbage, refuse and rubbish shall be as fixed from time to time by resolution of the council, a copy of which shall be kept on file at the office of the city clerk. (Ord. No. 428, § 14; Ord. No. 568, § 2; Ord. No. 673, § 1; Ord. No. 731, § 1; Ord. No. 876, § 1, 1-5-70)

12.23-1 Penalty for delinquency.

Unpaid garbage, rubbish or refuse collection fees or charges collected by the city become delinquent after the last working day of the month billed. There shall be imposed a penalty equal to ten (10) per cent of the amount due. Thereafter a penalty equal to ten (10) per cent of the amount due shall be charged for each month of delinquency after the last working day of the original billing. (Ord. No. 847, § 2, 3-17-69; Ord. No. 89-5, § 1, 3-20-89; Ord. No. 91-16, § 1, 7-1-91)

DIVISION 5. COLLECTION OF DELINQUENT FEES; LIEN PROCEDURE

(Repealed by Ord. 2023-01)

ARTICLE II. GARDEN REFUSE⁴

12.24 Definitions.

For the purpose of this article, the following phrases shall be defined as hereinafter set forth:

“Garden refuse” shall mean leaves, grass cuttings, weeds, vines, shrubbery, brush and tree trimmings, but not tree limbs of over four (4) inches in diameter.

“Other refuse” shall mean any rubbish or garbage or discarded materials other than garden refuse. (Ord. No. 598, §§ 1, 2)

12.25 Placement for disposal—On street and sidewalk area.

Garden refuse may be placed for disposal by the abutting property owner or occupant or their agents in the same location as garbage and rubbish as set forth in section 12.18. (Ord. No. 598, § 3; Ord. No. 76-4, § 2, 2-17-76)

12.26 Same—Other refuse excepted; not to be mixed with garden refuse.

It shall be unlawful to deposit other refuse in the street or in the area between the street and the sidewalk or sidewalk area. No garden refuse will be picked up by the city that is mixed with other refuse. (Ord. No. 598, § 3)

12.27 Reserved.

Editor’s note: Ord. No. 76-4, adopted Feb. 17, 1976, repealed § 12.27, pertaining to placement of receptacles in alleys, derived from Ord. No. 598.

12.28 Placement for disposal—By tree surgeons and professional tree trimmers.

Tree surgeons and professional tree trimmers shall haul away and dispose of all tree trimmings and other garden refuse accumulated by them. (Ord. No. 598, § 3)

12.29 Same—Placement prior to collection; method and notification of collection.

Garden refuse other than that designated by the preceding section may be placed in the areas designated and under regulations set forth in the following sections of this article on the day prior to the day of collection. (Ord. No. 598, § 3; Ord. No. 76-4, § 2, 2-17-76)

12.30 Same—Limitations on what may be placed on paved streets.

Where streets are paved from gutter to gutter leaves only may be placed in the street at any time subject to the provisions of this article. (Ord. No. 598, § 3; Ord. No. 685, § 1)

12.31 Same—Distance leaves are to be placed from curb for collection by sweeper when streets are paved.

Leaves only shall be placed in streets paved from gutter to gutter not less than twelve (12) inches and not more than forty-eight (48) inches from the curb so that they may be picked up by the sweeper. (Ord. No. 598, § 4; Ord. No. 685, § 2)

12.32 Same—Maximum size and weight.

Garden refuse shall be tied in bundles which shall not exceed four (4) feet in length, eighteen (18) inches in height or width or fifty (50) pounds in weight, or in any suitable container not exceeding fifty (50) pounds in weight. All but permanent garbage receptacles will be hauled away with the contents and will not be returned. (Ord. No. 598, § 4; Ord. No. 685, § 3; Ord. No. 76-4, § 2, 2-17-76; Ord. No. 88-6, 5-16-88)

12.33—12.34 Reserved.

Editor’s note: Sections 12.33 and 12.34, pertaining to the placement of certain items of trash, derived from Ord. No. 598, were repealed by Ord. No. 76-4, adopted Feb. 17, 1976.

ARTICLE III. ABATEMENT OF WEEDS AND REFUSE⁵

12.35 Penalties for violation.

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. (Ord. No. 880, § 2, 2-2-70; Ord. No. 77-15, § 8, 4-18-77)

12.36—12.44 Repealed by Ordinance No. 754.

12.45 Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them in this section:

“Refuse” means such as is mentioned and defined in section 12.1, the accumulation of which in violation of the provisions of division 3 of article I of this chapter is therein declared to be unlawful, as well as “garden refuse” as the same is mentioned and defined in section 12.24, the accumulation or placing of which in violation of article II of this chapter is therein declared to be unlawful.

“Weeds” means all weeds growing upon streets, alleys, sidewalks, or private property in the city, including any of the following:

a. Weeds which bear or may bear seeds of a downy or wingy nature.

b. Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property.

c. Weeds which are otherwise noxious or dangerous.

d. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health. (Ord. No. 754, § 1)

12.46 Accumulation of weeds or refuse prohibited.

No owner, agent, lessee or occupant or other person having charge or control of any building, lot or premises within the city shall permit weeds or refuse to remain or accumulate upon such premises or upon public sidewalks or streets or alleys between such premises and the center line of any public street or alley. (Ord. No. 754, § 1)

12.47 Removal of weeds and refuse required.

Every property owner shall destroy or remove such weeds and remove or cause to be removed such refuse from his property and from the abutting half of any street or alley between the lot lines as extended. (Ord. No. 754, § 1)

12.48 Resolution declaring nuisance; publication of notice of resolution.

Whenever any weeds are growing upon any private property or properties or in any street or alley within the city or whenever refuse shall accumulate upon any part of such areas the city council shall pass a resolution declaring the same to be a public nuisance and order the chief of the fire department to give notice of the passage of such resolution by posting and publication in the same manner and for the time as set forth in section 12.53 and stating therein that, unless such nuisance be abated without delay by the destruction or removal of such weeds and refuse, the work of abating such nuisance shall be done by the city authorities and the expense thereof assessed upon the lots and lands from which or in the front and rear of which such weeds and refuse shall have been destroyed or removed. The city clerk shall thereupon fix the time and place for hearing any objections to the proposed destruction or removal of such weeds and refuse. (Ord. No. 754, § 2; Ord. No. 92-10, § 1, 7-20-92)

12.49 Form of notice to destroy or remove weeds or refuse.

The notice shall be substantially in the following form:

NOTICE TO DESTROY OR REMOVE WEEDS AND REFUSE

NOTICE IS HEREBY GIVEN that on _________ pursuant to the provisions of section 12.48 of the Gilroy City Code, the City Council of said City passed a resolution declaring that all weeds and/or refuse, as the same are defined in section 12.45 of this Code, growing or accumulating upon any private property or in any public street or alley, constitute or constitutes a public nuisance, and that such nuisance must be abated by the destruction or removal thereof.

NOTICE IS FURTHER GIVEN that property owners shall, without delay, remove or cause to be removed all such weeds and refuse from their property, and from the abutting half of the street in front and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed and removed and such refuse will be removed and such nuisance or nuisances created thereby abated by the City authorities, in which case the costs of such destruction and/or removal will be assessed upon the lots and lands from which, or from the front or rear of which such weeds and accumulation of refuse, have been destroyed or removed; and such costs will constitute a lien upon such lots or lands until paid and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any such objections to the proposed destruction or removal of such weeds and/or refuse are hereby notified to attend a meeting of the Council of said City of Gilroy to be held in the Council Chambers in the City Hall, 7351 Rosanna Street, City of Gilroy, on _________, at _________ o’clock p.m., when and where their objections will be heard and be given due consideration.

DATED: This _________ day of _________, 19_________.

Chief of Fire Department

City of Gilroy

(Ord. No. 754, § 3; Ord. No. 92-10, § 2, 7-20-92)

12.50 Hearing on notice to destroy weeds or refuse.

At the time stated in the notice, the council shall hear and consider any and all objections to the proposed destruction or removal of such weeds or refuse and may continue the hearing from time to time. The council, by motion or resolution, shall allow or overrule any and all objections, if any after which the council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of destruction or removal of such weeds and refuse. (Ord. No. 754, § 4)

12.51 Abatement by chief of fire department upon order of council; prior abatement by property owner.

The council shall by resolution order the chief of the fire department to abate such nuisance, or cause the same to be abated by having the weeds referred to destroyed or removed by cutting, discing, chemical spraying or any other method as may be determined by the city council and such refuse to be removed; and the chief of the fire department and his deputies, assistants, employees, contracting agents or other representatives are hereby expressly authorized to enter upon private property for such purposes. Any property owner shall have the right to destroy or remove such weeds and remove such refuse himself or have the same destroyed or removed at his own expense; provided, that such weeds or refuse shall have been removed prior to the arrival of the chief of the fire department or his authorized representatives to remove them. (Ord. No. 754, § 5)

12.52 Accounting and reporting cost of abatement by chief of fire department.

The chief of the fire department shall keep an account of the cost of abating such nuisance and embody such account in a report and assessment list to the city council, which shall be filed with the city clerk. Such report shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expense proposed to be assessed against each separate lot or parcel of land. (Ord. No. 754, § 6)

12.53 Assessment of abatement costs—Notice of hearing.

The city clerk shall post copies of such report and assessment on the bulletin board in the council chambers at the City Hall in the city; on the bulletin board in the lobby of the city clerk’s office located at the City Hall in the city; and on the bulletin board near the entrance door of each fire station in the city, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the city council for hearing and confirmation, notifying property owners that they may appear at such time and place and object to any matter contained therein. A like notice shall also be published twice in a newspaper of general circulation, published and circulated within the city. The posting and first publication of such notice shall be made and completed at least ten (10) days before the time such report shall have been submitted to the city council. Such notice, as so posted and published, shall be substantially in the following form:

NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED AND REFUSEABATEMENT

NOTICE IS HEREBY GIVEN that on _________ the Chief of the Fire Department of the City of Gilroy filed with the City Clerk of said City a report and assessment on abatement of weeds and refuse within said City, copies of which are posted on the bulletin board in the Council Chambers at the City Hall located at _________, Gilroy, California; on the bulletin board in the lobby of the City Clerk’s Office located in the City Hall, Gilroy, California; and on the bulletin board near the entrance door of each fire station in Gilroy, California.

NOTICE IS FURTHER GIVEN that on _________ at the hour of _________ o’clock p.m., in the Council Chambers of said City Hall, said report and assessment list shall be presented to the City Council of said City for consideration and confirmation, and that any and all persons interested, having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard.

DATED _________, 19________.

_________________________

City Clerk, City of Gilroy

(Ord. No. 754, § 7; Ord. No. 79-25, § 1, 9-17-79)

12.54 Same—Hearing and confirmation.

At the time and place fixed for receiving and considering such report, the city council shall hear the same together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance; and the chief of the fire department shall attend such meeting with his record thereof; and upon such hearing, the council may make such modifications in the proposed assessment therefor as it may deem necessary, after which such report and assessment shall be confirmed by resolution.

The amount of the cost of abating such nuisance upon or in the front or rear of the various lots or parcels of land respectively referred to in such report shall constitute special assessments against such respective lots or parcels of land and after thus made and confirmed shall constitute a lien on such property for the amount of such assessment until paid. (Ord. No. 754, § 8)

12.55 Same—Collection.

The director of finance shall cause the amount of the assessment to be entered on the city assessment roll opposite the description of the particular property, and the amount shall be collected together with all other taxes thereon upon the property. Thereafter, such amounts shall be collected at the same time and in the same manner as general city taxes are collected and shall be subject to the same penalties and interest and the same procedure and sale in case of delinquency as provided for city taxes. All laws and ordinances applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such special assessment.

The property owner has the option, if he so desires, of paying the assessment directly to the collector’s office before such entry on such assessment roll. (Ord. No. 754, § 9)

12.56 Article additional to other remedies.

The remedy provided for in this article to secure the removal or destruction of weeds and refuse is hereby declared to be additional or alternative to any other remedy provided in this Code or by law, and this article shall not constitute a repeal of any other provision in this Code except as expressly stated. (Ord. No. 754, § 11)

ARTICLE IV. RECYCLABLE MATERIALS

12.57 Collection of recyclable materials by unauthorized persons prohibited.

It is unlawful for any person, business, or entity, other than the City of Gilroy’s official authorized recycling agent to collect recyclable materials in the City of Gilroy unless excepted by the provisions of this article, or state or federal law. (Ord. No. 90-3, § 1, 2-20-90)

12.58 Recyclable materials property of recycling agent.

From the time of placement of recyclable materials at the curbside, or other appropriate designated collection locations or in any container used for recycling provided by the authorized recycling agent, said recyclable materials shall be and become the property of the authorized recycling agent. (Ord. No. 90-3, § 1, 2-20-90)

12.59 Unauthorized use of containers prohibited.

The use of receptacles or other containers provided by the authorized recycling agent or the pickup of such recyclable materials from any designated collection location by anyone other than the authorized recycling agent is prohibited. (Ord. No. 90-3, § 1, 2-20-90)

12.60 Violations are infractions.

Any person engaged in the activities prohibited in section 12.59 is guilty of an infraction.

Any such prohibited activity in more than one location within the City of Gilroy shall constitute a separate and distinct offense. (Ord. No. 90-3, § 1, 2-20-90)

12.61 Alternative enforcement.

As an alternative to criminal enforcement, both the City of Gilroy and the authorized recycling agent have the independent authority of civilly enforcing any provisions of this article, to and including the authority to seek treble damages pursuant to California Government Code Section 66764. The city administrator may invoke these remedies, or any of them, whenever he/she deems it appropriate. (Ord. No. 90-3, § 1, 2-20-90)

12.62 Exceptions.

(a) Nothing contained in this article shall preclude any person, business, or other entity from disposing of segregated recyclable materials without utilizing the City of Gilroy’s official authorized recycling agent, provided that the recyclable materials are disposed of by such persons individually or by their agents to an authorized recyclable materials collection site or station that has been duly approved and authorized as such by an appropriate governmental authority or other appropriate authority.

(b) Nothing herein contained shall prevent any person, business, or other entity from allowing recyclable materials to be picked up, dropped off, or otherwise donated to any charitable entity.

(c) Nothing herein contained shall inhibit, regulate or restrict any recycling center, nonprofit drop-off program or recycling processor as permitted by “The Solid Waste Management Resource and Recovery Act of 1972,” or the “California Beverage Container Recycling and Litter Reduction Act of 1986.” (Ord. No. 90-3, § 1, 2-20-90)

ARTICLE V. CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION PROGRAM

12.63 Definitions.

(1) “Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits to undertake construction, demolition, or renovation project within the city.

(2) “Construction” means the building of any facility or structure or any portion thereof including tenant improvements to an existing facility or structure.

(3) “Demolition” means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

(4) “Construction and demolition debris” or “C&D debris” means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure.

(5) “Construction and demolition debris materials check-off list” means a report, prepared in a form approved by the WMP compliance official, submitted as required by subsection (c) of this section, which identifies all construction and demolition debris expected to be generated as a result of any covered project.

(6) “Construction and demolition debris recycling report” means a report, prepared in a form approved by the WMP compliance official, which identifies the amounts of all construction and demolition debris generated by the project, and the amounts recycled or diverted. Copies of supporting documentation may be required and included as a part of the construction and demolition debris recycling report.

(7) “Covered project” shall have the meaning set forth in section 12.64 of this article.

(8) “Divert” means to use material for any purpose other than disposal in a landfill or transformation facility.

(9) “Diversion requirement” means the diversion of a percentage in compliance with state law, as recommended from time to time by the WMP compliance official and approved by resolution of the city council, of the total construction and demolition debris generated by a project via reuse or recycling.

(10) “Project” means any activity, which requires an application for a building or demolition permit, or any similar permit from the city.

(11) “Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

(12) “Renovation” means any change, addition, or modification in an existing structure.

(13) “Reuse” means further or repeated use of construction or demolition debris.

(14) “Salvage” means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.

(15) “WMP compliance official” means the Environmental Programs Coordinator or his or her designee.

(16) “Noncovered project” shall have the meaning set forth in section 12.71 of this article. (Ord. No. 2007-20, § 1, 10-15-07)

12.64 Covered projects.

All construction, demolition, and on-site improvements such as walkways, piping, parking lots, other adjoining hardscape, and renovation projects within the city, which involve the construction, demolition or renovation of five thousand (5,000) square feet or more (“covered projects”), shall comply with this article. For the purposes of determining whether a project meets the foregoing thresholds, all phases of a project and all related projects taking place on single or adjoining parcels, as determined by the WMP compliance official, shall be deemed a single project. (Ord. No. 2007-20, § 1, 10-15-07)

12.65 Submission of C & D materials check-off list.

No building, demolition or site development permit shall be issued for a covered project unless and until the applicant has submitted a construction and demolition debris materials check-off list, identifying all waste materials expected to be generated as a result of the project. (Ord. No. 2007-20, § 1, 10-15-07)

12.66 Recycling/diversion requirement.

Applicants for any covered project are required to recycle or divert at least fifty (50) percent of materials generated for discards by the project. (Ord. No. 2007-20, § 1, 10-15-07)

12.67 C & D recycling report.

Prior to the issuance of a certificate of occupancy or a conditional certificate of occupancy for any covered project, the applicant shall submit to the WMP compliance official a construction and demolition debris recycling report, demonstrating that it has met the diversion requirement for the project. (Ord. No. 2007-20, § 1, 10-15-07)

12.68 Imposition of penalty for failure to comply with diversion.

Any applicant that fails to meet the fifty (50) percent diversion mandate must pay a penalty. The penalty amount shall be equal to the project square footage, multiplied by the difference between fifty (50) percent and the actual project diversion percentage, multiplied by one dollar ($1.00) per square foot. (Ord. No. 2007-20, § 1, 10-15-07)

12.69 Imposition of late fee for failure to provide recycling report.

Any Applicant that fails to submit the Construction and Demolition Debris Recycling Report” within sixty (60) days following completion of the Project shall be charged a late fee, in an amount of ten (10) percent of the diversion penalty fee or one hundred dollars ($100.00) per month, whichever is greater. All fee schedules shall remain in force until superseded by subsequent fee schedules adopted by the city council. (Ord. No. 2007-20, § 1, 10-15-07)

12.70 Enforcement.

The city, in its prosecutorial discretion, may enforce violation(s) of the provisions of this article as a criminal, civil, and/or administrative action pursuant to section 1.7 and Chapter 6A of the Gilroy City Code. (Ord. No. 2007-20, § 1, 10-15-07)

12.71 Noncovered projects.

Applicants for construction, demolition or renovation projects within the City of Gilroy whose projects are five thousand (5,000) square feet or less, or publicly owned rights of way, utilities, and roadways are not required, but shall be encouraged, to divert at least fifty (50) percent of all project-related construction and demolition waste. (Ord. No. 2007-20, § 1, 10-15-07)

12.72 Condition of approval.

Compliance with this chapter shall be listed as a condition of approval on any building or demolition permit issued for a covered project. (Ord. No. 2007-20, § 1, 10-15-07)

12.73 On-site practices.

To the maximum extent feasible, project waste shall be separated on-site if this practice increases diversion. (Ord. No. 2007-20, § 1, 10-15-07)

ARTICLE VI. MANDATORY ORGANIC WASTE DISPOSAL REDUCTION

12.74 Definitions.

For the purposes of this chapter, the following terms, phrases, words and their derivations have the meaning given in this section:

“Blue container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.

“California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this article are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).

“CalRecycle” means California’s Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on cities (and others).

“C&D” means construction and demolition debris.

“City enforcement official” means the director of public works or designated city department, or the authorized department who is/are partially or wholly responsible for enforcing this article. See also “regional or county agency enforcement official.”

“Commercial business” or “commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five (5) units is not a commercial business for purposes of implementing this article.

“Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined in this section or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

“Community composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined by 14 CCR Section 18982(a)(8).

“Compliance review” means a review of records by the city, department, or designee to determine compliance with this article.

“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of the ordinance codified in this article, that “compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

“Compostable plastics” or “compostable plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

“Container contamination” or “contaminated container” means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

“Department” or “authorized department” means any department of the County of Santa Clara, or any other public agency authorized by the city to enforce or administer this article, as authorized in 14 CCR Section 18981.2.

“Designee” means any private entity that the city or authorized department contracts with or otherwise designates to carry out any of the city’s responsibilities of this article as authorized in 14 CCR Section 18981.2. A designee may be a hauler, a private entity, or a combination of private entities.

“Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this article, “edible food” is not solid waste if it is recovered and not discarded. Nothing in this article or in 14 CCR Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

“Enforcement action” means an action of the city or authorized department to address noncompliance with this article including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

“Excluded waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the city’s or its designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. “Excluded waste” does not include used motor oil and filters and/or household batteries when the generator or customer has properly placed the materials for collection pursuant to instructions provided by city or its designee for collection services.

“Food distributor” means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

“Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, facilities listed in Section 113789 of the Health and Safety Code.

“Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

“Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities. “Food recovery organization” includes, but is not limited to:

(1) A food bank as defined in Section 113783 of the Health and Safety Code;

(2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.

“Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator.

“Food scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. “Food scraps” excludes fats, oils, and grease when such materials are source separated from other food scraps.

“Food service provider” means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

“Food-soiled paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

“Food waste” means food scraps, food-soiled paper, and compostable plastics.

“Gray container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of gray container waste.

“Gray container waste” means solid waste that is collected in a gray container that is part of a three (3) container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

“Green container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

“Grocery store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

“Hauler route” means the designated itinerary or sequence of stops for each segment of the city’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

“Health facility” has the same meaning as in Section 1250 of the Health and Safety Code.

“High diversion organic waste processing facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent (50%) between January 1, 2022, and December 31, 2024, and seventy-five percent (75%) after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the “mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or as otherwise defined in 14 CCR Section 18982(a)(33).

“Hotel” has the same meaning as in Section 17210 of the Business and Professions Code.

“Inspection” means the city, an authorized department, or their designee’s electronic or on-site review of records, containers, and an entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this article, or as otherwise defined in 14 CCR Section 18982(a)(35).

“Large event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand (2,000) individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this article.

“Large venue” means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. A “venue facility” includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. A site under common ownership or control that includes more than one (1) large venue that is contiguous with other large venues in the site is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this article.

“Local education agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

“Multifamily residential dwelling” or “multifamily” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses. under the SB 1383 regulations and for the purpose of this article, multifamily residential dwellings with five (5) or more units are included under the definition of a commercial business per 14 CCR

“Noncompostable paper” includes but is not limited to paper that is coated in a plastic material that will not break down in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

“Nonlocal entity” means an entity that is an organic waste generator but is not subject to the control of a jurisdiction’s regulations related to solid waste. These entities may include, but are not limited to, special districts, federal facilities, prisons, facilities operated by the state parks system, public universities, including community colleges, county fairgrounds, and state agencies.

“Nonorganic recyclables” means nonputrescible and nonhazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

“Notice of violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

“Organic waste” means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

“Organic waste generator” means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

“Paper products” includes, but is not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

“Printing and writing papers” includes, but is not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, notepads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

“Prohibited container contaminants” means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city’s blue container; (2) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city’s green container; (3) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in city’s green container and/or blue container; and (4) excluded waste placed in any container.

“Recovered organic waste products” means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

“Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

“Recycled-content paper” means paper products and printing and writing paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

“Regional agency” means regional agency as defined in Public Resources Code Section 40181.

“Regional or county agency enforcement official” means a regional or county agency enforcement official, authorized by the city, with responsibility for enforcing this article in conjunction or consultation with city enforcement official.

“Remote monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

“Renewable gas” means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

“Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

“Route review” means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

“SB 1383 regulations” or “SB 1383 regulatory” means or refers to, for the purposes of this article, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR Division 7, Chapter 12 and amended portions of regulations of 14 and 27 CCR.

“Self-hauler” means a person who hauls solid waste, organic waste or recyclable material he or she has generated to another person. “Self-hauler” also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). “Back-haul” means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

“Share table” has the same meaning as in Section 114079 of the Health and Safety Code.

“Single-family” for the purpose of this article means of, from, or pertaining to any residential premises with fewer than five (5) units.

“Solid waste” or “solid waste matter” has the same meaning as defined in State Public Resources Code Section 40191, which defines “solid waste” as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that “solid waste” does not include any of the following wastes:

(1) Hazardous waste, as defined in the state Public Resources Code Section 40141.

(2) Radioactive waste regulated pursuant to the state Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the state Health and Safety Code).

(3) Medical waste regulated pursuant to the state Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the state Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in state Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the state Public Resources Code.

“Solid waste collector” means any person with whom the city has duly contracted under the terms set out in this article to collect and transport solid waste matter through the streets, alleys or public ways of the city.

“Source separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this article, “source separated” shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste or other solid waste for the purposes of collection and processing.

“Source separated blue container organic waste” means source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and nonorganic recyclables as defined in 14 CCR Section 18982(a)(43), or as otherwise defined by 14 CCR Section 17402(a)(18.7) such as paper products and printing and writing paper.

“Source separated green container organic waste” means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, noncompostable paper, and textiles.

“Source separated recyclable materials” means source separated nonorganic recyclables and source separated blue container organic waste.

“State” means the State of California.

“Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

“Tier one commercial edible food generator” means the following:

(1) Supermarket, as defined above.

(2) Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.

(3) Food service provider, as defined above.

(4) Food distributor, as defined above.

(5) Wholesale food vendor, as defined above.

a. If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this article.

b. For the purposes of this article, food recovery organizations and food recovery services are not commercial edible food generators.

“Tier two commercial edible food generator” means the following:

(1) Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.

(2) Hotel with an on-site food facility and two hundred (200) or more rooms.

(3) Health facility with an on-site food facility and one hundred (100) or more beds.

(4) Large venues, as defined above.

(5) Large event, as defined above.

(6) A state agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.

(7) Local education agency facilities, as defined above, with on-site food facilities, as defined above.

a. If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this article.

b. Nonlocal entities that operate a facility that meets this definition are tier two commercial edible food generators.

c. For the purposes of this article, food recovery organizations and food recovery services are not commercial edible food generators.

“Wholesale food vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76). (Ord. No. 2021-06, § 1, 12-6-21)

12.75 Requirements for single-family generators.

Single-family organic waste generators shall comply with the following requirements:

(a) Shall subscribe to city’s organic waste collection services for all organic waste generated as described below in subsection (b) of this section. City, authorized department and/or designee shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust its service level for its collection services as requested by the city, authorized department or designee. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(b) Shall participate in the city’s organic waste collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.

Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container. (Ord. No. 2021-06, § 1, 12-6-21)

12.76 Requirements for commercial businesses.

Generators that are commercial businesses, including multifamily residential dwellings, shall:

(a) Subscribe to city’s three (3) container collection services and comply with requirements of those services as described below in subsection (b) of this section, except commercial businesses that meet the self-hauler requirements in section 12.81. City shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the city.

(b) Except commercial businesses that meet the self-hauler requirements in section 12.81, participate in the city’s organic waste collection service(s) by placing designated materials in designated containers as described below.

(1) Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generator shall not place materials designated for the gray container into the green container or blue container.

(c) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (d)(1) and (2) of this section) for employees, contractors, tenants, and customers, consistent with the city’s blue container, green container, and gray container collection service or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with section 12.81.

(d) Excluding multifamily residential dwellings, provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

(1) A body or lid that conforms with the container colors provided through the collection service provided by the city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

(e) Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirement in subsection (d) of this section pursuant to 14 CCR Section 18984.9(b).

(f) To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city’s blue container, green container, and gray container collection service or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with section 12.81.

(g) Excluding multifamily residential dwellings, periodically inspect blue containers, green containers, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

(h) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.

(i) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.

(j) Provide or arrange access for city, department and/or designee to properties during all inspections conducted in accordance with section 12.82 to confirm compliance with the requirements of this article.

(k) If applicable, accommodate and cooperate with city’s remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator’s compliance with subsection (b) of this section. If implemented, the remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.

(l) At commercial business’s option and subject to approval required from the city, implement a remote monitoring program for inspection of the contents of its blue containers, green containers, and gray containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in the blue containers, green containers, and gray containers subject to written notification to and approval by the city, authorized department, or its designee.

(m) If a commercial business wants to self-haul, meet the self-hauler requirements in section 12.81.

(n) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(o) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to section 12.78. (Ord. No. 2021-06, § 1, 12-6-21)

12.77 Waivers for generators.

(a) De Minimis Waivers. A city may waive a commercial business’s obligation (including multifamily residential dwellings) to comply with some or all of the organic waste requirements of this article if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in subsection (a)(2) of this section. Commercial businesses requesting a de minimis waiver shall:

(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (a)(2) of this section.

(2) Provide documentation that either:

a. The commercial business’s total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than twenty (20) gallons per week per applicable container of the business’s total waste; or

b. The commercial business’s total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten (10) gallons per week per applicable container of the business’s total waste.

(3) Notify city if circumstances change such that commercial business’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

(4) Provide written verification of eligibility for de minimis waiver every five (5) years, if city has approved de minimis waiver.

(b) Physical Space Waivers. City may waive a commercial business’s or property owner’s obligations (including multifamily residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of section 12.76.

A commercial business or property owner may request a physical space waiver through the following process:

(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

(2) Provide documentation that the premises lack adequate space for blue/brown containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.

(3) Provide written verification to city that it is still eligible for physical space waiver every five (5) years, if city has approved application for a physical space waiver. (Ord. No. 2021-06, § 1, 12-6-21)

12.78 Requirements for commercial edible food generators.

(a) Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

(b) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed.

(2) Contract with, or enter into a written agreement with food recovery organizations or food recovery services for:

a. The collection of edible food for food recovery; or

b. Acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

(3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

(4) Allow the city, authorized department and/or designee to access the premises, conduct inspections, and review electronic and hard copy records pursuant to 14 CCR Section 18991.4.

(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

c. A record of the following information for each of those food recovery services or food recovery organizations:

1. The name, address and contact information of the food recovery service or food recovery organization.

2. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

3. The established frequency that food will be collected or self-hauled.

4. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

(d) Tier one commercial edible food generators shall submit food recovery reports, as defined below, to the city, authorized department or designee according to the following schedule:

(1) On or before August 1, 2022, tier one commercial edible food generators shall submit a food recovery report for the period of January 1, 2022, through June 30, 2022.

(2) On or before May 1, 2023, and on or before May 1st each year thereafter, tier one commercial edible food generators shall submit a food recovery report for the period covering the entire previous calendar year.

(e) Tier two commercial edible food generators shall submit food recovery reports, as defined below, to the city, authorized department or designee according to the following schedule:

(1) On or before May 1, 2025, and on or before May 1st each year thereafter, tier two commercial edible food generators shall submit a food recovery report for the period covering the entire previous calendar year.

(f) Food recovery reports submitted by tier one and tier two commercial edible food generators shall include the following information:

(1) The name and address of the commercial edible food generator;

(2) The name of the person responsible for the commercial edible food generator’s edible food recovery program;

(3) A list of all contracted food recovery services or food recovery organizations that collect edible food from the commercial edible food generator;

(4) The total number of pounds of edible food, per year, donated through a contracted food recovery organization or food recovery service.

(g) Nothing in this article shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance issued by the California Department of Education pursuant to Senate Bill 557 (2017). (Ord. No. 2021-06, § 1, 12-6-21)

12.79 Requirements for food recovery organizations and services.

(a) Food recovery services collecting, receiving, or coordinating the collection of edible food directly from tier one or tier two commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

(1) The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

(2) The quantity in pounds of edible food collected from each commercial edible food generator per month.

(3) The quantity in pounds of edible food transported to each food recovery organization per month.

(4) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

(b) Food recovery organizations collecting, receiving, or coordinating the collection of edible food directly from tier one or tier two commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

(1) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

(2) The quantity in pounds of edible food received from each commercial edible food generator per month.

(3) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

(c) Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one (1) or more tier one or tier two commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall submit food recovery reports, as defined below, to the city, authorized department and/or designee according to the following schedule:

(1) On or before August 1, 2022, food recovery organizations and food recovery services shall submit a food recovery report for the period of January 1, 2022, through June 30, 2022;

(2) On or before May 1, 2023, and on or before May 1st each year thereafter, food recovery organizations and food recovery services shall submit a food recovery report for the period covering the entire previous calendar year.

(d) Food recovery reports submitted by food recovery services or organizations shall include the following information:

(1) Total pounds of edible food recovered in the previous calendar year from tier one and tier two edible food generators with whom the reporting entity has a contract or written agreement pursuant to 14 CCR Section 18991.3(b).

(2) Total pounds of edible food recovered in the previous calendar year from tier one and tier two edible food generators within Santa Clara County with whom the reporting entity has a contract or written agreement pursuant to 14 CCR Section 18991.3(b).

(e) In order to support edible food recovery capacity planning assessments or other studies conducted by the city, the County of Santa Clara or other authorized department or their designees, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, department, or designee upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its tier one and tier two commercial edible food generators. A food recovery service or food recovery organization contacted by the city, authorized department, or a designee shall respond to such request for information within sixty (60) days, unless a shorter time frame is specified. (Ord. No. 2021-06, § 1, 12-6-21)

12.80 Requirements for haulers and facility operators.

(a) Requirements for haulers are as follows:

(1) All haulers including exclusive franchised haulers, nonexclusive franchised haulers, permitted haulers, and licensed haulers providing residential, commercial, or industrial organic waste collection services to generators within city boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect organic waste:

a. Through written notice to the city annually on or before February 1st of each year, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated green container organic waste, and mixed waste.

b. Transport source separated recyclable materials and source separated green container organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR Division 7, Chapter 12, Article 2.

c. Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1.

(2) All haulers including exclusive franchised haulers, nonexclusive franchised haulers, permitted haulers, and licensed haulers with authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with the city.

(b) Requirements for Facility Operators and Community Composting Operations.

(1) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works, shall, upon city’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within sixty (60) days.

(2) Community composting operators, upon city request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within sixty (60) days. (Ord. No. 2021-06, § 1, 12-6-21)

12.81 Self-hauler requirements.

(a) Self-haulers shall source separate all recyclable materials and organic waste (materials that city otherwise requires generators to separate for collection in the city’s organics and recycling collection program) generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

(b) Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.

(c) Self-haulers that are commercial businesses (including multifamily residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the city. The records shall include the following information:

(1) Delivery receipts and weight tickets from the entity accepting the waste.

(2) The amount of material in cubic yards or tons transported by the generator to each entity.

(3) If the material is transported to an entity that does not have scales on site, or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

(d) Self-haulers that are commercial businesses (including multifamily self-haulers) shall provide information collected in subsection (c) of this section to the city if requested.

(e) A residential organic waste generator that self-hauls organic waste is not required to record or report information in subsections (c) and (d) of this section. (Ord. No. 2021-06, § 1, 12-6-21)

12.82 Inspections and investigations by city.

(a) The city, authorized department(s) and/or designee(s) 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 multifamily residential dwellings), property owners, tier one and tier two commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city or its designated representative to enter the interior of a private residential property for inspection.

(b) Regulated entities shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city and/or its designated inspection representative(s) during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, in-person or electronic review of edible food recovery activities, records, or any other requirement of this article described herein. Failure to provide or arrange for access to an entity’s premises or access to records for any inspection or investigation is a violation of this article and may result in penalties described.

(c) Any records obtained by the city or their designated representative 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) The city, authorized department(s) and/or their designee(s) are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this article, subject to applicable laws.

(e) The city or its designated representative shall receive written complaints, including anonymous complaints, regarding entities that may be in violation of this article. Complaints shall include the name and contact information of the complainant, if the complainant is not anonymous; the identity of the alleged violator, if known; a description of the alleged violation including location(s) and all other relevant facts known to the complainant; any relevant photographic or documentary evidence to support the allegations in the complaint; and the identity of any witnesses, if known. (Ord. No. 2021-06, § 1, 12-6-21)

12.83 Enforcement.

(a) Responsible Entity for Enforcement. Enforcement pursuant to this section may be undertaken by the following:

(1) City enforcement official, which is the director of public works or his/her designated city department(s), legal counsel, or combination thereof.

(2) Regional or county agency enforcement official and/or other authorized department(s), as designated by the city and in consultation with the city enforcement official or his/her designated city department(s), when needed.

a. Regional or county agency enforcement official and/or other authorized department(s) when applicable, will interpret this article; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and determine if compliance standards are met. The authorized enforcement representative will consult with the city enforcement official(s) or his/her designated city department(s) as needed.

b. Enforcement official(s), including regional or county agency enforcement official or other authorized department, may issue notices of violation(s).

(b) Notice of Violation. Violation of any provision of this article shall constitute grounds for issuance of a notice of violation. Before assessing an administrative citation and fine, the city or designated representative shall issue a notice of violation requiring compliance within sixty (60) days of issuance of the notice. The notice shall include: (1) the name(s) of each person or entity to whom it is directed, (2) a factual description of the violations, including the regulatory section(s) being violated, (3) a compliance date by which the respondent is to take specified action(s), and (4) the penalty for not complying before the specified deadline.

(c) Extensions to Notice of Violation Compliance Deadlines. The city or designated enforcement representative may extend the compliance deadlines set forth in a notice of violation if it finds that there are extenuating circumstances beyond the control of the respondent 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;

(3) Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the existence of a corrective action plan imposed by CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies; or

(4) Any other circumstance in which the city, in their sole discretion, finds good cause to extend the compliance deadlines.

(d) Administrative Citations and Fines. Absent compliance by the respondent within the deadline set forth in the notice of violation, city or designated representative shall commence an action to impose penalties, via an administrative citation and fine. The city’s procedures on imposition of administrative fines, or the procedures of the city’s designated enforcement representative as applicable, 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 article and any rule or regulation adopted pursuant to this article, except as otherwise indicated in this article.

(e) Amount of Fine. The amount of the administrative fine for each violation of this article shall be as follows:

(1) For a first violation, the amount of the base penalty shall be fifty dollars ($50.00) to one hundred dollars ($100.00) per violation.

(2) For a second violation, the amount of the base penalty shall be one hundred dollars ($100.00) to two hundred dollars ($200.00) per violation.

(3) For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty dollars ($250.00) to five hundred dollars ($500.00) per violation.

(f) Factors Considered in Determining Penalty Amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty range:

(1) The nature, circumstances, and severity of the violation(s).

(2) The violator’s ability to pay.

(3) The willfulness of the violator’s misconduct.

(4) Whether the violator took measures to avoid or mitigate violations of this article.

(5) Evidence of any economic benefit resulting from the violation(s).

(6) The deterrent effect of the penalty on the violator.

(7) Whether the violation(s) were due to conditions outside the control of the violator.

(g) Appeals. Persons receiving an administrative citation for an uncorrected violation may request a hearing to appeal the citation. The city will appoint a hearing officer who shall conduct the hearing and issue a final written order. The hearing officer may be a city official or another public agency designated by the city. The hearing officer shall be identified in the administrative citation. A hearing will be held only if it is requested within the time prescribed and consistent with city and/or authorized department procedures in the applicable codes for appeals of administrative citations.

(h) Other Remedies. Other remedies allowed by law may be used to enforce this article, including civil action or prosecution as misdemeanor or infraction. The city and/or authorized department may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city and/or designated representative may choose to delay court action until such time as court action is a reasonable use of staff and resources.

(i) Education Period for Noncompliance. Beginning January 1, 2022, and through December 31, 2023, the city, authorized department, and/or designee will conduct inspections, remote monitoring (if program is active), route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance. If the city or its designated representative determines that an 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. It shall also provide notice that violations may be subject to administrative civil penalties starting on January 1, 2024.

(j) Process for Enforcement.

(1) The city enforcement official or designated city department(s), regional or county enforcement officials or other authorized department(s) and/or designee(s) will monitor compliance with this article randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring). Section 12.82 establishes the city’s right to conduct inspections and investigations.

(2) Contamination Processing Fees/Penalties. For incidences of prohibited container contaminants found in containers, city or authorized department may issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice may be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants and no later than within one (1) week after determining that a violation has occurred. If the city, authorized department or designee observes prohibited container contaminants in a generator’s containers on more than three (3) consecutive occasion(s), the city may assess contamination processing fees or contamination penalties on the generator.

(k) Civil Penalties for Noncompliance. Beginning January 1, 2024, if the city, authorized department, or designee 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, and the city or authorized department will issue a notice of violation, and take enforcement action pursuant to this section, as needed.

(l) Enforcement Table. Table 1 below is a list of most common likely violations related to this article. Possible violations related to this article are not limited to those listed in the table.

Table 1. List of Violations
Requirement	Description of Violation
Commercial Business and Commercial Business Owner Responsibility Requirements, Section 12.76	Commercial business fails to provide or arrange for organic waste collection services consistent with city requirements and as outlined in this article, for employees, contractors, tenants, and customers, including supplying and allowing access to adequate numbers, size, and location of containers and sufficient signage and container color.
Organic Waste Generator Requirements, Sections 12.75 and 12.76	Organic waste generator fails to comply with requirements adopted pursuant to this article for the collection and recovery of organic waste.
Hauler Requirements, Section 12.80	A hauler providing residential, commercial or industrial organic waste collection service fails to transport organic waste to a facility, operation, activity, or property that recovers organic waste, as prescribed by this article.
Hauler Requirements, Section 12.80	A hauler providing residential, commercial, or industrial organic waste collection service fails to obtain applicable approval issued by the city to haul organic waste as prescribed by this article.
Hauler Requirements, Section 12.80	A hauler fails to keep a record of the applicable documentation of its approval by the city, as prescribed by this article.
Self-Hauler Requirements, Section 12.81	A generator who is a self-hauler fails to comply with the requirements of 14 CCR Section 18988.3(b).
Commercial Edible Food Generator Requirements, Section 12.78	Tier one commercial edible food generator fails to arrange to recover the maximum amount of its edible food that would otherwise be disposed by establishing a contract or written agreement with a food recovery organization or food recovery service and comply with this section commencing Jan. 1, 2022.
Commercial Edible Food Generator Requirements, Section 12.78	Tier two commercial edible food generator fails to arrange to recover the maximum amount of its edible food that would otherwise be disposed by establishing a contract or written agreement with a food recovery organization or food recovery service and comply with this section commencing Jan. 1, 2024.
Commercial Edible Food Generator Requirements, Section 12.78	Tier one or tier two commercial edible food generator intentionally spoils edible food that is capable of being recovered by a food recovery organization or food recovery service.
Organic Waste Generator, Commercial Business Owner, Commercial Edible Food Generator, Food Recovery Organization or Food Recovery Service, Sections 12.76 and 12.78	Failure to provide or arrange for access to an entity’s premises for any inspection or investigation.
Record Keeping Requirements for Commercial Edible Food Generators, Section 12.78	Tier one or tier two commercial edible food generator fails to keep records, as prescribed by section 12.78.
Record Keeping Requirements for Food Recovery Services and Food Recovery Organizations, Section 12.79	A food recovery organization or food recovery service that has established a contract or written agreement to collect or receive edible food directly from a commercial edible food generator pursuant to 14 CCR Section 18991.3(b) fails to keep records, as prescribed by section 12.79.

(Ord. No. 2021-06, § 1, 12-6-21)

12.84 Effective date.

This article shall be effective commencing on January 1, 2022. (Ord. No. 2021-06, § 1, 12-6-21)

State law references—Garbage and refuse disposal generally, H. & S. C., §§ 4100—4485.

As to authority of cities to enter into garbage and refuse disposal contracts, see H. & S. C. A., § 4250.

Code reviser’s note: Ord. No. 2023-01 repeals Ord. No. 99-13. It is the intent of the city to revert Section 12.16 to how it read prior to Ord. No. 99-13 being adopted.

State law references—Cleanliness and sanitation of premises, H. & S. C., § 17811.

State law references—Authorization for cities to abate weeds, Gov. C., §§ 39560 to 39587.

Chapter 12GARBAGE, REFUSE AND WEEDS1

12.1 Definitions.