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

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Ordinance No. NS-XXX Page 35 of 42 Sec. 16-39. - Yard waste diversion required in landscaping contracts. (a) A commercial business and/or multifamily residential premise with 5 units or more contracting for gardening or landscaping services shall require written contracts which contain the following provisions: (1) All yard waste generated at the premises by the landscaping or gardening service shall be diverted from disposal by one or more of the methods in section 16-38.5. (2) A requirement that the landscaper, gardener or any third party(ies) certify that the requirements set forth in subsection (a) of this section are being met. (3) A requirement that the landscaper, gardener or any third party(ies), upon request by the city, certify that it is compliant with this section by completing and submitting a city-provided reporting form. (4) A requirement that the landscaper, gardener or any third party(ies) provide copies of weight tickets from the permitted processing facility(ies) where the yard waste from premises within city were delivered by the landscaper or gardener. (b) Within 60 days of a written request from the city, commercial businesses that contract with a landscaping or gardening service shall complete and submit a compliance reporting form as provided by the city with the following items attached: (1) Copies of the commercial businesses contract(s) with the landscaping or gardening service(s) that comply with this section. (2) Copies of landscaper, gardener, or any other third party(ies) certification(s) that certify that the requirements set forth in subsection (a) were met during the preceding twelve (12) months. Sec. 16-39.5. - Inspections and investigations. (a) The city enforcement official is 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, to confirm compliance with this article by organic waste generators, commercial businesses, property owners, commercial edible food generators, solid waste collection contractors, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city to enter the interior of a private residential property for inspection. (b) Commercial, multifamily, residential generators, including active building sites generating construction and demolition solid waste and landscape projects, that are subject to the requirements of this article shall provide or arrange for access during all inspections and shall cooperate with the city enforcement official during such inspections