CHAPTER 13.50
CALGREEN CONSTRUCTION MATERIAL DIVERSION, RECYCLING COLLECTION, AND WATER EFFICIENT LANDSCAPE REQUIREMENTS

13.50.010    CALGreen definitions.

13.50.020    Compliance with CALGreen building standards recycling requirements.

13.50.030    Model Water Efficient Landscaping Ordinance requirements.

13.50.040    CALGreen inspections and investigations.

13.50.050    CALGreen enforcement.

13.50.010 CALGreen definitions.

(a)    "CALGreen" means the California Green Building Standards Code, California Code of Regulations, Title 24, Part 11, also known as the CALGreen Building Codes.

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

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

(d)    "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 units is not a commercial business for purposes of implementing this chapter.

(e)    "Compliance review" means a review of records by the city of Marysville to determine compliance with this chapter.

(f)    "Designee" means an entity that the city of Marysville contracts with or otherwise arranges to carry out any of the city’s responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a private entity, or a combination of those entities.

(g)    "Enforcement action" means an action of the city of Marysville to address noncompliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

(h)    "Inspection" means a site visit where the city of Marysville reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of materials to determine if the entity is complying with requirements set forth in this chapter.

(i)    "City of Marysville enforcement official" means the city manager, department director, or other executive in charge or their authorized designee(s) who is/are partially or wholly responsible for enforcing this chapter.

(j)    "Multifamily residential dwelling" or "multifamily" means of, from, or pertaining to residential premises with five or more dwelling units.

(k)    "Model Water Efficient Landscape Ordinance" or "MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

(l)    "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.

(m)    "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19th, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the California Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the California 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.

(n)    "SB 1383 regulations" means or refers to, for the purposes of this chapter, 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 CCR and 27 CCR.

(o)    "Single-family" means of, from, or pertaining to any residential premises with fewer than five units. (Ord. 1436 § 1, 2022).

13.50.020 Compliance with CALGreen building standards recycling requirements.

(a)    Persons applying for a permit from the city of Marysville for new construction and building additions and alterations shall comply with the construction and demolition debris diversion requirements pursuant to Sections 4.408 and 5.408, as applicable, of the California Green Building Standards Code, Title 24 of the California Code of Regulations (CCR), Part 11, known as CALGreen, as may be amended, if its project is covered by the scope of CALGreen. For projects covered by the scope of CALGreen, project applicants shall also comply with all written and published city of Marysville policies and/or administrative guidelines regarding the provision of a construction waste management plan; construction waste management plan acknowledgment by the project contractor and subcontractors; and construction waste management plan compliance documentation.

(b)    Project applicants shall refer to this code for complete CALGreen requirements.

(c)    For projects covered by CALGreen, as may be amended, applicants must, as a condition of the city of Marysville’s permit approval, comply with the following:

(1)    Where five or more multifamily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and that are identified for the storage and collection of nonhazardous materials for recycling, including recyclable materials and organic waste materials collected in the city’s solid waste collection program, in compliance with provision of adequate space for recycling for multifamily premises pursuant to Section 4.410.2 of the California Green Building Standards Code, 24 CCR, Part 11.

(2)    New commercial (excluding multifamily premises) construction or additions resulting in an increase of thirty percent or more of the floor area shall provide readily accessible areas identified for the storage and collection of nonhazardous materials for recycling, including recyclable materials and organic waste materials collected in the city’s solid waste collection program, in compliance with provision of adequate space for recycling for commercial premises pursuant to Sections 5.410.1 and 5.410.1.2 of the California Green Building Standards Code, 24 CCR, Part 11 as may be amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020. Section 5.410.1.2 of the California Green Building Standards Code, 24 CCR, Part 11 references the space allocation sample ordinance developed pursuant to Chapter 18, Part 3, Division 30 of the California Public Resources Code, known as the California Solid Waste Reuse and Recycling Access Act of 1991, which took effect in the city of Marysville September 1, 1993, as the city of Marysville did not adopt an alternate ordinance. (Ord. 1436 § 1, 2022).

13.50.030 Model Water Efficient Landscaping Ordinance requirements.

(a)    Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city of Marysville, who are constructing a new (single-family model home as part of a development but excluding new single-family homes on existing lots, multifamily, public, institutional, or commercial) project with a landscape area greater than five hundred square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G), as may be amended, of the MWELO as delineated in this section, and also provided in Section 18.86.070, Water conservation.

(b)    The following soil amendment, compost and mulch use requirements that are part of the MWELO are now also included as requirements of this chapter. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.

(c)    Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection (a) of this section shall comply with Sections 492.6(a)(3)(B), (C), (D) and (G), as may be amended, of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:

(1)    For landscape installations, soil amendments shall be incorporated according to recommendations of the soil management report per Section 492.5 of the MWELO and what is appropriate for the plants selected.

(2)    For landscape installations, compost at a rate of a minimum of four cubic yards per one thousand square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.

(3)    For landscape installations, a minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

(4)    Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

(d)    The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection (a) of this section shall consult the full MWELO for all requirements.

(1)    The irrigation plans and specifications shall meet the California Code of Regulations, Title 24, Part 11 (CALGreen Code), Section 5.304.5, Outdoor Water Use. The architect, landscape architect, or civil engineer in general responsible charge shall self-certify that the project’s landscape planting and irrigation design is compliant with the current version of the Model Water Efficient Landscape Ordinance (MWELO) per Section 5.304.6 of the CALGreen Code and built in accordance with these regulations. All related drawings and specifications must display their registration seal and signature.

(2)    Before commencing with construction of a landscape irrigation project and any associated buildings, the architect, landscape architect, or civil engineer in general responsible charge shall submit the forms certifying that the landscape irrigation design complies with the outdoor water use regulations and obtain approval of the self-certified plans and specifications.

(3)    When construction is complete, a self-certification form prescribed by the city of Marysville certifying that the landscape irrigation system is installed in compliance with the outdoor water use regulations shall be filed with the city of Marysville community development department. (Ord. 1436 § 1, 2022).

13.50.040 CALGreen inspections and investigations.

(a)    City of Marysville representatives and/or its designated entity, including designees are authorized to conduct inspections and investigations, at random or otherwise, of any project site, collection container or collection vehicle loads to confirm compliance with this chapter by commercial businesses (including multifamily residential dwellings); property owners; building/demolition/landscaping contractors; or other entity subject to applicable laws. This section does not allow city of Marysville representatives and/or its designated entity, including designees to enter the interior of a private residential property for inspection.

(b)    Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city’s employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper solid waste collection services, proper placement of materials in containers, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (1) access to an entity’s premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

(c)    Any records obtained by the city of Marysville during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

(d)    City of Marysville representatives, its designated entity, and/or designee are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

(e)    The city of Marysville shall receive written complaints from persons regarding an entity that may be potentially noncompliant with this chapter, including receipt of anonymous complaints. (Ord. 1436 § 1, 2022).

13.50.050 CALGreen enforcement.

(a)    Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city of Marysville enforcement official or representative. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The city’s/county’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.

(b)    Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city of Marysville may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city of Marysville may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city of Marysville staff and resources.

(c)    Responsible Entity for Enforcement.

(1)    Enforcement pursuant to this chapter may be undertaken by the city of Marysville city manager or their designated entity, legal counsel, or combination thereof.

(2)    City of Marysville enforcement official(s) will interpret this chapter; determine if violation(s) have occurred; implement enforcement actions; and determine if compliance standards are met.

(3)    City of Marysville enforcement official(s) may issue notices of violation(s).

(d)    Process for Enforcement.

(1)    City of Marysville enforcement official(s) and/or their designee will monitor compliance with this chapter randomly and through compliance reviews, investigation of complaints, and an inspection program. Section 13.50.040 establishes city’s right to conduct inspections and investigations.

(2)    The city of Marysville may issue an official notification to notify regulated entities of its obligations under this chapter.

(3)    The city of Marysville shall issue a notice of violation requiring compliance within sixty days of issuance of the notice.

(4)    Absent compliance by the respondent within the deadline set forth in the notice of violation, the city of Marysville shall commence an action to impose penalties, via an administrative citation and fine, pursuant to this chapter.

Notices shall be sent to the commercial business (including multifamily residential dwellings); property owner; building/demolition/landscaping contractor; or, other entity responsible for the violation.

(e)    Penalty Amounts for Violations. The penalty levels are as follows:

(1)    For a first violation, the amount of the base penalty shall be fifty dollars per violation.

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

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

(f)    Compliance Deadline Extension Considerations. The city of Marysville may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section 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; or

(2)    Delays in obtaining discretionary permits or other government agency approvals.

(g)    Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with city’s procedures in the city’s codes for appeals of administrative citations. Evidence may be presented at the hearing. The city of Marysville will appoint a hearing officer who shall conduct the hearing and issue a final written order.

(h)    Education Period for Noncompliance. Beginning January 1st, 2022, and through December 31, 2023, the city of Marysville will conduct inspections and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the city of Marysville determines that a commercial business (including multifamily residential dwellings); property owner; building/demolition/landscaping contractor; or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

(i)    Civil Penalties for Noncompliance. Beginning January 1, 2024, if the city of Marysville determines that a commercial business (including multifamily residential dwellings); property owner; building/demolition/landscaping contractor; or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed. (Ord. 1436 § 1, 2022).