Item 28 - Ordinance Repealing and Reenacting Article II of Chapter 16 of the SAMC

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Ordinance No. NS-XXX Page 28 of 42 (C) The executive director shall not authorize the refund of any security deposit, or any portion thereof, unless the applicant has filled out a WRRP, filed a recycling reporting form and has met all the provisions of CALGreen and this chapter. (h) Forfeiture and city use of security deposit (1) If the executive director determines that the applicant has not made a good faith effort to comply with this part, or if the applicant fails to submit the documentation required by this section prior to the expiration of the building or demolition permit, then the deposit is forfeited to the city. (2) Forfeited security deposits may be used by the city for solid waste and recycling related purposes, including but not limited to: (A) Plan, implement, or promote solid waste diversion programs. (B) Develop or improve the infrastructure needed to divert waste from landfilling. (C) Educate generators and handlers of solid waste in the city regarding solid waste recycling and disposal alternatives. (D) Review accuracy of the solid waste collection contractor’s reports, Waste Reduction and Recycling Plans and other solid waste records. (i) Appeal. Upon payment of an appeal fee set forth in a resolution of the city council, the applicant may appeal to the city manager, a decision of the executive director to deny an exemption or withhold any portion of a security deposit. Notice of appeal of the decision of the executive director must be filed with the executive director within ten (10) calendar days of the date of the decision being appealed. The notice of appeal shall set forth in concise language the particular decision, or decisions, and the reason for the complaint. Failure to file a notice of appeal within the time prescribed herein shall constitute a waiver of any objection to the decision(s) of the executive director and such decision shall be final; otherwise, the decision of the city manager shall be final. (j) Administrative enforcement. In addition to the penalties provided for in this chapter and this code, if violations of the provisions of this part exist as to a covered project requiring completion of a Waste Reduction and Recycling Plan, the city may use various administrative measures to ensure compliance. Measures available include, but are not limited to: (1) Issuance of a building permit or a certificate of occupancy for that project may be withheld until all such violations have been corrected; (2) Issuance of a stop work notice, until all such violations have been corrected; and (3) Other measures recommended by the city attorney. (k) Civil Action. Violation of any provision of this section may be enforced by civil action including an action for injunctive relief. The city council hereby finds that violation of this section is a public nuisance. In any civil enforcement action, the city shall be entitled to recover its attorneys' fees and costs from a person who is determined by a court of competent jurisdiction to have violated this section.