HomeMy WebLinkAbout1233 - Organic Waste Disposal Reduction Ordinance Self-Haul Amendment ORDINANCE NO. 1233
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING CHAPTER 4.1 TO
DIVISION 5 OF THE UKIAH CITY CODE TO APPLY ORGANIC WASTE DISPOSAL REGULATION
AND ENFORCEMENT PROVISIONS TO SELF-HAULERS
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE.
Chapter 4.1 of Division 5 of the Ukiah City Code is hereby amended read as follows (unchanged text
is omitted and is shown by "* * *"):
Chapter 4.1 ORGANIC WASTE DISPOSAL REDUCTION
Article 1 Definitions
§4450.0 Definitions
For the purposes of this Chapter and as used herein, certain abbreviations, terms, phrases, words and
their derivations shall be construed and shall have the meaning and be defined as hereinafter provided in
this Article.
(ccc) "SB 1383 Regulations" or"SB 1383 Regulatory" means or refers to, for the purposes of this
Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by
CalRecycie and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of
regulations of 14 CCR and 27 CCR.
(ddd) "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).
(eee) "Single-Family" means of, from, or pertaining to any residential premises with fewer than five (5)
units.
(fff) "Solid Waste" 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 semi-solid 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.
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(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.
(ggg) "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 Chapter, 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.
(hhh) "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 Non-
Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section
17402(a)(18.7).
(iii) "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,
Non-Compostable Paper, and textiles.
a) "Source Separated Recyclable Materials" means Source Separated Non-Organic Recyclables
and Source Separated Blue Container Organic Waste.
(kkk) "State" means the State of California.
(III) "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).
(mmm)"Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator
that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
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 Chapter.
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(nnn) "Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that
is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000
square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms.
(3) Health facility with an on-site Food Facility and 100 or more beds.
(4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal
to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 16982(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 Chapter.
(000) "Uncontainerized Green Waste and Yard Waste Collection Service" or"Uncontainerized Service"
means a collection service that collects green waste and yard waste that is placed in a pile or bagged for
collection on the street in front of a generator's house or place of business for collection and transport to
a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section
189852(a)(75).
(ppp) "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 189852(a)(76).
Article 2 Requirements for Compliance
4450.1 Requirements for Single-Family Organic Waste Generators
Single-Family Organic Waste Generators shall comply with the following requirements, except Single-
Family generators that meet the Self-Hauler requirements in Section 4450.6 of this Chapter:
(a) Shall subscribe to the City's Organic Waste collection services for all Organic Waste generated
as described below in Section 4(b). The City 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. 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 in Subsection c of this Section, and shall not place
Prohibited Container Contaminants in collection containers.
(c) 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.
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§4450.2 Requirements for Commercial Businesses
Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:
(a) Subscribe to the City's collection services and comply with requirements of those services as
described below in Subsection (b), except Commercial Businesses that meet the Self-Hauler
requirements in Section 4450.6 of this Chapter.
(b) Except Commercial Businesses that meet the Self-Hauler requirements in Section 4450.6 of this
Chapter,participate in the City's Organic Waste collection service(s) by placing designated materials in
designated containers as described in Subsection (c) of this Section.
(c) 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.
(d) Supply and allow access to adequate number, size and location of collection containers with
sufficient labels or colors (conforming with Subsections (e)(1) and 6(e)(2) below)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 Businesses' instructions to
support its compliance with its self-haul program, in accordance with this Chapter.
(e) Excluding Multi-Family 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 the 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 14 CCR Section 18984.8, the container labeling requirements are required on
new containers commencing January 1, 2022.
(f) Multi-Family Residential Dwellings are not required to comply with container placement
requirements or labeling requirement in Subsection (d) above pursuant to 14 CCR Section 18984.9(b).
(g) To the extent practical through education, training, Inspection, and/or other measures, excluding
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Multi-Family 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 Businesses' instructions to support its
compliance with its self-haul program, in accordance this Chapter .
(h) Excluding Multi-Family 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).
i) 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.
0) 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.
(k) Provide or arrange access for the City or its agent to their properties during all Inspections
conducted in accordance with Section 4450.6 of this Chapter to confirm compliance with the
requirements of this Chapter.
(1) If a Commercial Business wants to self-haul, meet the Self-Hauler requirements in Section 12 of
this ordinance.
(m) 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).
(n) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators
shall comply with Food Recovery requirements, pursuant to Section 4450.4.
§4450.3 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.
(c) Commercial Edible Food Generators shall comply with the following requirements:
(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
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Food Recovery Services for: (i)the collection of Edible Food for Food Recovery; or, (ii)
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's designated enforcement entity or designated third parry enforcement
entity to access the premises and review 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:
W The name, address and contact information of the Food Recovery
Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food
Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self-hauled.
(iv) 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) Nothing in this Chapter 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 pursuant to Senate Bill 557 of 2017 (approved by the Governor of
the State of California on September 25, 2017, which added Article 13[commencing with Section
49580]to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section
114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded
and replaced from time to time).
14450.4 Requirements for Food Recovery Organizations and Services. . ..
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(a) Food Recovery Services collecting or receiving Edible Food directly from 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):
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(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 or receiving Edible Food directly from 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.
§4450.5 Requirements for Haulers and Facility Operators
(a) Requirements for Haulers.The exclusive franchise providing residential, Commercial,or industrial
Organic Waste collection services to generators within the City's 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:
(1) Through written notice to the City annually on or before January 1, 2023, identify the
facilities to which they will transport Organic Waste including facilities for Source Separated
Recyclable Materials and Source Separated Green Container Organic Waste.
(2) 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.
(3) 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 construction
and demolition materials ("C&D") in a manner that complies with 14 CCR Section 18989.1, and
applicable provisions of this Chapter and of the Ukiah City Code.
(b) Requirements for Facility Operators and Community Composting Operations
(1) Owners of facilities, operations, and activities that recover Organic Waste, including, but
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not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment
works shall, upon the 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 60 days.
(2) Community Composting operators, upon the City's 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 60 days.
§4450.6 Self-Hauler Requirements
(a) Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that
Jurisdiction otherwise requires generators to separate for collection in the Jurisdiction'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 Multi-Family 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 Jurisdiction. 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 Mufti-Family Self-Haulers)shall provide
information collected in subsection (c) above to Jurisdiction if requested.
(e) A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or
report information in Section 12(c) and (d).
Article 3 Investigatory and Enforcement Authority of the City
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§"60.7 Inspections and Investigations by the City
(a) City representatives and/or its designated entity, including Designees 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 Chapter by Organic Waste Generators,
Commercial Businesses (including Multi-Family Residential Dwellings), property owners, 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 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 placement of materials in containers, Edible Food Recovery activities,
records, or any other requirement of this Chapter described herein. Failure to provide or arrange for: (i)
access to an entity's premises; or(ii) 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 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 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 shall receive written complaints from persons regarding an entity that may be
potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.
J4450.8 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 the City Enforcement Official or representative. Enforcement
Actions under this Chapter are issuance of an administrative citation and assessment of a fine. The
City's procedures on imposition of administrative fines are hereby incorporated in their entirety, as
modified from time to time, and shall govem 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 may pursue civil actions in the California courts to seek recovery of
unpaid administrative citations. The City 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 staff and resources.
(c) Responsible Entity for Enforcement
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(1) Enforcement pursuant to this Chapter may be undertaken by the City Enforcement
Official, which may be the City Manager or their designee, legal counsel, or combination thereof.
(2) Enforcement may also be undertaken by a Regional or County Agency Enforcement
Official, designated by the City, in consultation with City Enforcement Official.
(A) City Enforcement Official(s) and Regional or County Agency Enforcement
Official, if designated, will interpret this Chapter; determine if violation(s) have occurred;
implement Enforcement Actions; and, determine if compliance standards are met.
(B) City Enforcement Official(s) and Regional or County Agency Enforcement
Official, if designated, may issue Notices of Violation(s).
(d) Process for Enforcement
(1) City Enforcement Officials or Regional or County Enforcement Officials and/or their
Designee will monitor compliance with the Chapter randomly and through Compliance Reviews, Route
Reviews, investigation of complaints, and an Inspection program. Section 4450.7 establishes City's
right to conduct Inspections and investigations.
(2) The City may issue an official notification to notify regulated entities of its obligations
under the Chapter.
(3) The City shall issue a Notice of Violation requiring compliance within sixty (60) days of
issuance of the notice.
(4) Absent compliance by the respondent within the deadline set forth in the Notice of
Violation, the City shall commence an action to impose penalties, via an administrative citation and fine,
pursuant to this Section. Notices shall be sent to"owner"at the official address of the owner maintained
by the tax collector for the City or if no such address is available, to the owner at the address of the
dwelling or Commercial property or to the party responsible for paying for the collection services,
depending upon available information
(e) Penalty Amounts for Types of Violations. The administrative penalty levels are as follows:
(1) For a first violation, the amount of the base penalty shall be $50 to$100 per violation.
(2) For a second violation, the amount of the base penalty shall be $100 to$200 per
violation.
(3) For a third or subsequent violation, the amount of the base penalty shall be$250 to$500
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 amount range:
(1) The nature, circumstances, and severity of the violation(s).
(2) The violator's ability to pay.
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(3) The willfulness of the violator's misconduct.
(4) Whether the violator took measures to avoid or mitigate violations of this Chapter.
(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) Compliance Deadline Extension Considerations.
The City 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;
(2) Delays in obtaining discretionary permits or other government agency approvals; or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity
and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due
to those deficiencies.
(h) Appeals Process.
Persons receiving an administrative citation containing a penalty for an uncorrected violation may
request a hearing to appeal the citation.
(1)The violator may file an appeal of the issuance of the Citation with the City Enforcement
Official. Such appeal shall be in writing and shall identify the property subject to the citation. The
City Enforcement Official shall then cause the matter to be set for hearing before a Hearing
Officer appointed by the City to hear such matters. The Hearing Officer shall be qualified by
training, education and/or experience to conduct the hearing and shall be impartial. Except in his
or her capacity as a Hearing Officer, he or she shall have no personal or business relationship to
the property owner or the City.
(2) Notice of the date of hearing shall be given in writing. The date of the hearing shall be no
sooner than fifteen (15) days from the date when notice of the hearing is given to the appellant
and to the City Enforcement Official.
(3) At the time fixed in the notice, the Hearing Officer shall receive evidence, including the
testimony of all competent persons desiring to testify respecting the condition leading to
issuance of the citation.
(4) Upon conclusion of the hearing, the Hearing Officer(s) shall determine whether to sustain or
overrule the issuance of the citation and shall issue a written order.
(5) The decision of the Hearing Officer on the determination of nuisance is final. Any appeal of
the Hearing Officer's decision shall be governed by California Code of Civil Procedure section
1094.6 as such section may be amended from time to time.
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(i) Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, City will conduct Inspections, Remote
Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of
regulated entity, to determine compliance, and if City determines that 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 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.
0) Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the City 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 Chapter, it shall document the noncompliance or
violation, issue a Notice of Violation, and take Enforcement Action pursuant to this Section, as needed.
SECTION TWO.
1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once
in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the
Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption
and again within fifteen (15) days after its adoption.
2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption.
Introduced by title only on September 20, 2023, by the following roll call vote:
AYES: Councilmembers Orozco, Sher, and Mayor Rodin.
NOES: None
ABSENT. Councilmember Crand and Vice Mayor Duenas
ABSTAIN: None
Adopted on October 4, 2023, by the following roll call vote:
AYES: Councilmembers Orozco, Sher, Crane, Duenas, and Mayor Rodin
NOES: None
ABSENT: None
ABSTAIN: None
Mari Rodin, Mayor
ATTEST:
k"�kte
ristine Lawler, CMCICity Clerk
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