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Ordinance No. NS-XXX <br />Page 36 of 42 <br /> <br />and investigations. Such inspections and investigations may include confirmation of <br />proper placement of materials in containers, edible food recovery activities, records, or <br />any other requirement of this article described herein. Failure to provide or arrange for: <br />(1) access to an entity’s premises; or (2) access to records for any inspection or <br />investigation is a violation of this article and may result in penalties described. <br /> (c) Any records obtained by city during its inspections and other reviews shall <br />be subject to the requirements and applicable disclosure exemptions of the Public <br />Records Act as set forth in Government Code Section 6250 et seq. <br /> (d) City enforcement official is authorized to conduct any inspections, remote <br />monitoring, and/or other investigations as reasonably necessary to further the goals of <br />this article, subject to applicable laws. <br /> (e) City enforcement official shall receive written complaints from persons <br />regarding an entity that may be potentially non-compliant with SB 1383 regulations, <br />including receipt of anonymous complaints. <br /> Sec. 16-40. - Enforcement. <br /> (a) Violations of SB 1383 requirements <br /> (1) Violation of the SB 1383 requirements of this article shall constitute <br />grounds for issuance of a notice of violation and assessment of a fine by city enforcement <br />official or representative. Except as otherwise provided, enforcement actions under this <br />article are issuance of an administrative citation, designated as an infraction, and <br />assessment of a fine. The city’s procedures on imposition of administrative fines are <br />hereby incorporated in their entirety, as modified from time to time, and shall govern the <br />imposition, enforcement, collection, and review of administrative citations issued under <br />this section. <br /> (2) Other remedies allowed by law may be used, including civil action or <br />prosecution as misdemeanor or infraction. City may pursue civil actions in the California <br />courts to seek recovery of unpaid administrative citations. <br /> (3) Process for enforcement <br /> (A) City enforcement official will monitor compliance with this <br />article, including the organics waste diversion requirements thereof, randomly and <br />through compliance reviews, route reviews, investigation of complaints, and an inspection <br />program that may include remote monitoring. <br /> (B) City may issue an official notification to notify regulated <br />entities of its obligations under this article. <br /> (C) For incidences of prohibited container contaminants found in <br />containers, city will issue a notice of violation to any generator found to have prohibited <br />container contaminants in a container. Such notice will be provided by cart tag or other <br />communication immediately upon identification of the prohibited container contaminants <br />or within one (1) day after determining that a violation has occurred. If the city observes <br />prohibited container contaminants in a generator’s containers on more than three (3) <br />consecutive occasion(s), the city may assess contamination processing fees or <br />contamination penalties on the generator.