Enforcement

The focus of the Recycling Ordinance is on achieving compliance through education and technical assistance as the first approach. Recycling Specialists are available to help develop a recycling program and answer questions. Fines will be assessed in cases where education and assistance have been offered and the violator continues to fail to meet the requirements of the ordinance. In addition, there will be a 90-day grace period on enforcement after the ordinance takes effect. For technical assistance or to report a violation call 858-694-7000.

• Single Family Refuse Containers Containing Recyclable Materials
• Failure to Provide Recycling Services at Residential Facilities, Commercial Facilities, and Mixed Use Facilities
• Franchisee or Recyclable Materials Collector Disposes of Recyclables with Refuse
• Self-Hauler Disposes of Recyclables with Refuse
• Occupants (other than single family) depositing recyclables in containers designated for the collection of refuse
• Special Event Organizer Fails to Provide Recycling

Single Family Refuse Containers Containing Recyclable Materials

Procedure: Code Enforcement Officers will conduct periodic inspections of refuse containers.

• First, Second, and Third violation: Tag container with notice advising of recycling requirements and offering assistance.
• Fourth violation: Issue $100 Administrative Citation.
• Fifth and any Subsequent violations: Issue next level Administrative Citation (either $250, $500, $750 or $1,000 depending on magnitude of violation).
• If no compliance after issuance of a $1,000 Administrative Citation, refer case to City Attorney's Office.

* After the first violation, a code enforcement officer will re-inspect the container. After the third violation, an $88 fee will be charged for each re-inspection to cover costs.

Failure to Provide Recycling Services at Residential Facilities, Commercial Facilities and Mixed Use Facilities

Procedure: Code Enforcement Officers will conduct inspections based primarily on complaints and reports provided to City.

• First, Second, and Third violation: Issue notice to responsible person advising of recycling requirements, the availability of technical assistance, and provide ESD contact information.
• Fourth Inspection: Issue $100 Administrative Citation, advise responsible person of the availability of technical assistance, and provide ESD contact information.
• Fifth and any Subsequent Inspections: Issue next level Administrative Citation ($250, $500, $750 or $1,000 depending on magnitude of violation), advise responsible person of the availability of technical assistance, and provide ESD contact information.
• If no compliance after issuance of a $1,000 Administrative Citation, refer case to City Attorney's Office.

* After the first violation, a code enforcement officer will re-inspect containers. After the third violation, an $88 fee will be charged for each re-inspection to cover costs.

Franchisee or Recyclable Materials Collector Disposes of Recyclables with Refuse

Procedure: Code Enforcement Officers will conduct inspections based on complaints received, site visits, and landfill inspection.

• First Offense: Issue Administrative Warning and advise of recycling requirements and enforcement protocols.
• Second and Third Offenses: Issue $1,000 Administrative Citation.
• Fourth Offense: Prepare case for City Attorney or refer to ESD Franchise Administrator for evaluation.

Self-Hauler Disposes of Recyclables with Refuse

Procedure: Code Enforcement Officers will conduct inspections based on complaints received, site visits, and landfill inspection.

• First and Second Offense: Issue Notice of Violation to Responsible Person and advise of recycling requirements and enforcement protocols.
• Third and Fourth Offenses: Issue $1,000 Administrative Citation to Responsible Person and advise of recycling requirements and enforcement protocols.
• Fifth Offense: Refer case to City Attorney's Office.

Occupants (other than single family) Depositing Recyclables in Containers Designated for the Collection of Refuse

Procedure: Code Enforcement Officers respond to complaints and act on direct observations.

• First, Second, and Third violation: Issue warning and advise person of recycling requirements and enforcement procedures.
• Fourth and Subsequent Offenses: Issue Administrative Citation on escalating basis ($100, $250, $500, $750 or $1,000) to violator.
• If no compliance after issuance of a $1,000 Administrative Citation, refer case to City Attorney's Office.
  

Special Event Organizer Fails to Provide Recycling

Procedure: Recycling Specialists will offer technical assistance if recycling is not addressed in Special Event permit application. Code Enforcement Officers will conduct inspections based primarily on complaints received and event site visits.

• First and Second violation: Issue notice to responsible person advising of recycling requirement, the availability of technical assistance, and provide ESD contact information.
• Third violation: Issue $100 Administrative Citation, advise responsible person of the availability of technical assistance, and provide ESD contact information.
• Fourth and any Subsequent violations: Issue next level Administrative Citation ($250, $500, $750 or $1,000 depending on magnitude of violation), advise responsible person of the availability of technical assistance, and provide ESD contact information.
• If no compliance after issuance of a $1,000 Administrative Citation, refer case to City Attorney's Office.

* After the first violation, a code enforcement officer will re-inspect containers at the next event held in the City by the same responsible person. After the second violation, an $88 re-inspection fee will be charged to cover costs.