Chapter 8.32
GARBAGE COLLECTION

Sections:

8.32.005    Definitions.

8.32.010    City responsibility.

8.32.020    Permission required.

8.32.030    Burning, burying, on-site private disposal prohibited—Compost exception.

8.32.040    Private removal requirements.

8.32.050    Placing in containers—Generally.

8.32.070    Department—Removal intervals.

8.32.080    Residential containerization.

8.32.090    Residential/commercial prohibited materials.

8.32.100    Residential container location and holiday requirements.

8.32.101    Service to below-ground containers prohibited.

8.32.110    Location requirements.

8.32.111    Automated solid waste containers.

8.32.120    Container/dumpster enclosure—Business location.

8.32.130    Special solid waste service.

8.32.135    Collection charges—Established by city council.

8.32.140    Charges for collection.

8.32.150    Fees and charges—Due date.

8.32.160    Charges—Collection authority.

8.32.170    Charges—Nonpayment—Violation.

8.32.180    Charges—Nonpayment—Discontinuance.

8.32.190    Accumulation prohibited.

8.32.191    Sufficient service required.

8.32.192    Exclusive use of containers.

8.32.210    Scavenging of recyclable materials.

8.32.220    Exemption from participation in residential curbside recycling.

8.32.230    Contamination of containerized recyclables and yard waste.

8.32.240    Replacement fee for damaged containers.

8.32.250    Neighborhood cleanup requirements.

8.32.260    Frequency of residential service change requests.

8.32.270    Enforcement.

8.32.280    Penalties.

8.32.290    Enforcement procedures—Notice to correct.

8.32.300    Remedies cumulative.

8.32.005 Definitions.

A.    “Alleyways” shall mean a recorded easement for public access near a residential property or between residential properties.

B.    “Biohazardous waste” shall mean laboratory waste including human or animal specimen cultures from medical and pathology laboratories; cultures and stock of infectious agents from research and industrial laboratories; waste from the production of bacteria, viruses, spores, discarded live and attenuated vaccines used in human health care or research, and discarded animal vaccines; human or animal surgery specimens or tissues, which may contain infectious agents known to be contagious to humans; waste containing discarded materials contaminated with excretion exudates or secretions from humans that are required to be isolated by infection control staff, the attending physician or local health officer to protect others from highly communicable diseases.

C.    “Container” shall mean commercially manufactured plastic or steel solid waste containers owned by the city designed to be lifted, dumped and returned by city solid waste packers. Containers may be described as: automated carts, bins, commercial containers, drop box, roll-off or compactor containers.

D.    “Curbside recycling” shall mean the placement of recyclables in a city-supplied cart for collection by the city.

E.    “Department” shall mean the city of Folsom utilities department.

F.    “Director” shall mean the city of Folsom director of utilities or his/her designee unless otherwise stated or indicated by context.

G.    “Division” shall mean the utilities department, solid waste division.

H.    “Garbage” shall mean all putrescible animal and vegetable waste resulting from packaging, storing, handling, preparation, cooking and consumption of food and all other materials not defined as recyclables or yard waste. Garbage to be removed from places of business shall consist of garbage as above defined and packing boxes, crates and packing materials.

I.    “Hazardous waste” shall mean those wastes resulting from products purchased by the general public for use which, because of the quantity, concentration, or physical, chemical or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed or otherwise managed. It shall be unlawful for any person to deposit for collection in any receptacle(s) provided pursuant to this chapter any item of “hazardous waste” as defined by an applicable federal, state or local law.

J.    “Household hazardous waste” shall mean those hazardous waste materials discarded, typically in small quantities, by households (as opposed to large quantities disposed by businesses). Typical household hazardous waste includes used motor oil and oil filters, antifreeze and other vehicle fluids, paints and varnish, pesticides, electronic waste and cleaning supplies.

K.    “Illegal dumping” shall mean to throw or place, or direct another person to throw or place, other than in receptacles provided therefor, upon the private land or waters of another person without the permission of the owner, or upon public lands or waters, or upon any public place, any rubbish, trash, garbage, debris, or recyclable material.

L.    “Inerts” shall mean waste materials that do not react in the environment.

M.    “Medical waste” shall mean waste which is generated or produced as a result of any of the following actions: diagnosis, treatment, or immunization of humans or animals; research pertaining to the above; the production or testing of biologicals and sharps waste.

N.    “Neighborhood cleanup” shall mean a city program designed to provide cleanup of bulky items that will not fit into a residential container. This may include appliances, lumber and toys. An appointment is required.

O.    “Person” shall mean an individual, trust, firm, joint stock company, business concern, partnership, association, limited liability company, and corporation, including, but not limited to, a government corporation.

P.    “Private driveways” shall mean a private roadway owned by a private person or business.

Q.    “Premises” shall mean a specific lot or area of real property served by the city or any such lot or area in general. “Premises” includes permanent and transient human dwellings and places of accommodation, commerce or recreation.

R.    “Premises with multi-unit dwellings” shall mean an area of one or more premises operating in whole or part under unified management or ownership, with housing facilities for more than a single-family residence. Such facilities include duplex or multiplex dwellings, apartments, condominiums, and trailer parks. Distinguished from this definition for purposes of requirements affecting premises with multi-unit dwellings are hotels, motels, hospitals, nursing homes or other congregate-care or institutional facilities, which are generally served as a commercial-service account.

S.    “Putrescible” shall mean to rot; subject to decomposition by microorganisms.

T.    “Recyclables” shall mean recyclable material including, but not limited to: newspaper, magazines, mixed paper, plastic bottles, cardboard, glass bottles, aluminum and steel cans and other materials not defined as garbage.

U.    “Sharps” shall mean any device having acute rigid corners, edges, or protuberances capable of cutting or piercing, including, but not limited to, all of the following:

1.    Hypodermic needles, hypodermic needles with syringes, blades, needles with attached tubing, syringes contained with biohazardous waste, acupuncture needles, and root canal files.

2.    Broken glass items, such as Pasteur pipettes and blood vials contaminated with biohazardous waste.

3.    Any item capable of cutting or piercing that is contaminated with trauma scene waste.

V.    “Solid waste” shall mean nonhazardous, noninfectious waste materials including garbage, yard waste, and recyclable material.

W.    “Utilities director” shall mean the city of Folsom director of utilities or his/her designee.

X.    “Yard waste” or “green waste” shall mean materials consist of trimmings from lawns, shrubs, plants, and foliage from trees and gardens. (Ord. 1049 § 2 (part), 2006)

8.32.010 City responsibility.

The city, its duly authorized agents, servants, or employees, shall have the exclusive right to gather, collect, recycle or dispose of solid waste within the city. (Ord. 1049 § 2 (part), 2006)

8.32.020 Permission required.

No person may collect, gather, recycle or dispose of solid waste within the city without permission of the city council. (Ord. 1049 § 2 (part), 2006)

8.32.030 Burning, burying, on-site private disposal prohibited—Compost exception.

No person shall burn, bury, or otherwise dispose of or process solid waste on any premises in the city except for composting of garden wastes in a compost process, approved by the utilities director. (Ord. 1049 § 2 (part), 2006)

8.32.040 Private removal requirements.

This chapter shall not be construed as prohibiting the owner or tenant of any premises in the city from carrying away any such solid waste, on an infrequent or occasional basis in order to reduce the amount to be taken away by the city or its duly authorized agents, but no person shall be authorized by this section to carry away such solid waste if such person receives the benefits of the use of any such solid waste for feed for poultry, hogs, or other livestock unless such person receives permission from the utilities director. This section shall not be construed as relieving any person from paying the regular solid waste fees. (Ord. 1049 § 2 (part), 2006)

8.32.050 Placing in containers—Generally.

The person in charge of any premises in the city shall gather the solid waste together and put it into a receptacle provided by the utilities department for that premises. (Ord. 1049 § 2 (part), 2006)

8.32.070 Department—Removal intervals.

All solid waste accumulated at or on any premises within the city shall be removed by the utilities department, solid waste division, at regular intervals, as determined by the utilities director. (Ord. 1049 § 2 (part), 2006)

8.32.080 Residential containerization.

All garbage, recyclables and yard waste shall be containerized as follows:

A.    Garbage/putrescible waste must be placed in the standard plastic garbage containers provided by the city not exceeding ninety-six gallons with a total weight limit of two hundred pounds per container.

B.    Yard waste shall be placed in standard plastic containers provided by the city. Tree limbs shall not exceed four inches in diameter and shall not protrude above the lid of the container. Loose branches, cuttings, trimmings, etc., which are not containerized shall not be collected except through the neighborhood cleanup as defined under Section 8.32.250.

C.    Recyclables shall be placed in the standard plastic container provided by the city.

D.    Municipal solid waste which does not fall into the above categories (subsections A, B and C of this section) is garbage and must be placed in the appropriate container. (Ord. 1049 § 2 (part), 2006)

8.32.090 Residential/commercial prohibited materials.

A.    Materials which will not be collected in sixty to sixty-five gallon and ninety to ninety-five gallon containers include:

1.     Dirt, rocks, sod, concrete, large metal objects, furniture;

2.    Construction and remodeling debris;

B.    Materials which will not be collected in any city container include:

1.    Flammables;

2.    Live ammunition;

3.    Household hazardous waste;

4.    Hazardous waste;

C.    No person shall place any wearing apparel, bedding or other refuse from homes or other places where highly infectious or contagious diseases have prevailed; or place any explosive substance, poison, hazardous chemical, offal, or fecal matter;

D.    Hazardous medical waste, including, but not limited to, sharps, shall be handled by a licensed medical waste hauler and shall not be disposed of in materials offered for collection by the city. (Ord. 1049 § 2 (part), 2006)

8.32.100 Residential container location and holiday requirements.

A.    Residences Having Street Frontage Only. Residential containers for solid waste, recycling and yard waste shall be placed for collection at the street curb or edge of road right-of-way by 6:00 a.m. on scheduled collection day, holidays included, and be removed from the street and screened from public view by 6:00 a.m. of the following day. The wheels of the containers will be placed in the gutter with the handle facing the residence. Containers will be at least three feet from any obstruction such as automobiles, trailers, motor homes, fences, lampposts, portable basketball hoops, mailboxes, or other automated containers. Containers are not to block pedestrian access.

B.    Residences with Alleyway Access. Residential containers for solid waste, recycling and yard waste shall be placed for collection adjacent to the alley property line, with direct access from the alleyway by 6:00 a.m. on scheduled collection day, holidays included. The base of the container will be placed on a stable, level surface with the handle facing the residence. Containers will be at least three feet from any obstructions such as automobiles, trailers, motor homes, fences, portable basketball hoops, lampposts, mailboxes, or other automated containers.

C.    Residences with Private Driveways. All solid waste, recycling and yard waste must be placed at the nearest road right-of-way by 6:00 a.m. on scheduled collection days, holidays included, and removed from the right-of-way and screened from public view by 6:00 a.m. of the following day. The container must be placed on a level surface with the handle facing the shoulder of the road. Containers will be at least three feet from any obstructions such as automobiles, trailers, motor homes, fences, portable basketball hoops, lampposts, mailboxes, or other automated containers.

D.    Collection trucks will come back for solid waste, recycling, and yard waste put out after the truck has passed a residence upon payment of an extra pickup service charge.

E.    For purposes of this section, “screen” means blocked from public view from the street or public right-of-way with a permanent fence, enclosure, landscaping, or other comparable facility as approved by the director. (Ord. 1049 § 2 (part), 2006)

8.32.101 Service to below-ground containers prohibited.

Utilities department personnel shall not service containers stored below the surface of the ground. (Ord. 1049 § 2 (part), 2006)

8.32.110 Location requirements.

The utilities department shall not collect garbage from above the first floor of any premises, nor from the basement of any premises. (Ord. 1049 § 2 (part), 2006)

8.32.111 Automated solid waste containers.

A.    Fee Established. Each dwelling unit to be serviced by city-owned sixty-five and ninety-five gallon automated container collection shall pay a fee upon issuance of a building permit equal to the then cost of providing the containers. The fee shall be adjusted on July 1st of each fiscal year by the utilities director to reflect the most recent cost per container actually purchased by the city, plus the cost of labor and equipment necessary to deliver the containers to the new dwelling. Containers shall be delivered upon issuance of a certificate of occupancy for the residence by the chief building inspector.

B.    Ownership. The city shall retain ownership of the sixty-five and ninety-five gallon automated solid waste containers. Persons owning or renting property served by such containers are responsible for the security of the containers. In the event of fire, theft, or other disappearance of a container from the property a replacement container shall be obtained from the city upon payment of the fee established in subsection A of this section. Persons owning or renting property served by such containers shall, upon vacating the premises, leave the primary containers for the next occupant in a secure location upon the premises. Persons who have ordered an extra container shall, upon vacating the premises, contact the city to have the extra container removed. Persons owning or renting property served by such containers are responsible for the appearance and cleanliness of the container.

C.     Replacement Containers. A replacement container may be obtained upon payment of the fee established in subsection A of this section. Replacement of a container no longer usable due to normal wear shall not be subject to a replacement fee. (Ord. 1049 § 2 (part), 2006)

8.32.120 Container/dumpster enclosure—Business location.

Solid waste containers/dumpster enclosures at places of business shall be located in such place as shall be convenient to the solid waste division and must be approved by the utilities director. City-approved solid waste enclosures are to be used for solid waste removal equipment only. Storage of other equipment or material will not be allowed. The property owner shall be liable for damage to or spills from any other equipment stored in the solid waste enclosure. (Ord. 1049 § 2 (part), 2006)

8.32.130 Special solid waste service.

A.    Container Service. The tenant, occupant, owner or lessee of any premises in the city may obtain a city commercial container for the purpose of disposing of brush and tree cuttings, trash and inorganic solid waste, excluding the following materials: (1) dirt, rocks, sod, concrete, large metal objects, furniture; (2) flammables and liquids; (3) live ammunition; (4) paints, oils, and acids. The person requesting special trash service is responsible to pay for the service in accordance with a fee set by the city council. The city shall be responsible for delivery and pickup of the commercial bin to and from the premises of the persons requesting service.

B.    Container/Roll-Off Service. The tenant, occupant, owner or lessee of any premises in the city may obtain a city commercial ten-yard, twenty-yard, thirty-yard or forty-yard roll-off container for the purpose of disposing of recyclables, brush and tree cuttings, trash and inorganic solid waste, excluding the following materials: (a) dirt, sod, large metal objects, furniture; (b) flammables and liquids; (c) live ammunition; (d) paints, oils and acids. The person requesting special trash service is responsible to pay for the service in accordance with a fee set by the city council. The city shall be responsible for delivery and pickup of the commercial container to and from the premises of the persons requesting service.

C.    Collection of Household Hazardous Waste (HHW). The tenant, occupant, owner or lessee of any residential premises in the city may request special collection of the following materials through appointment with the city’s utilities department HHW division: flammables and liquids, pesticides, paints, oils and oil filters, batteries, antifreeze, pool chemicals, propane tanks, TVs and computer monitors.

D.    Disposal of Medical and Biohazardous Waste. The tenant, occupant, owner or lessee of any premises in the city shall not dispose of any medical or biohazardous waste in a city-owned collection container. Disposal of medical or biohazardous waste shall be performed through a licensed collection and disposal company, which complies with all applicable laws and regulations, including, but not limited to, California Health and Safety Code Sections 117600 through 118360. (Ord. 1049 § 2 (part), 2006)

8.32.135 Collection charges—Established by city council.

All charges for solid waste collection shall be established or modified by resolution of the city council. The schedule of fees shall remain on file and be available in the office of the finance director. The utilities director shall, with the approval of the city manager, recommend changes in the above fees when the cost of solid waste collection makes it appropriate. (Ord. 1049 § 2 (part), 2006)

8.32.140 Charges for collection.

A.    Residential.

1.    Each and every householder or tenant occupying any dwelling, house, or residence shall pay to the city, or its authorized agent, a fixed minimum solid waste fee based upon current established solid waste rates which shall be set by the city council. Such fee is based upon service of one call per week for garbage and one call every other week for recyclables and yard waste without consideration of whether there is any garbage, recyclables or yard waste to remove from the premises.

2.    Solid waste service may be discontinued upon written request for a period of no less than two months when a dwelling, house, or residence will be unoccupied. The minimum time of discontinuing service will be two months. A service charge equal to two months’ solid waste charge will be charged to the utility user for the removal and redelivery of the assigned automated containers when service has been temporarily discontinued. This service charge will be paid at the time service is discontinued. Upon occupancy of a dwelling, house or residence the utility user must contact the city finance department to restart service. If the occupant of a dwelling, house, or residence does not contact the city to restart service, the city may bill back to the discontinuance of service all monthly charges.

3.    For collection of additional containers beyond those covered by the fixed minimum charges established in this chapter, the collection charge shall be set by resolution of the city council for each additional solid waste container.

4.    An additional or special pickup may be requested beyond the minimum service required by this chapter. Each such additional or special pickup shall be subject to a fixed fee. The fixed fee for additional or special pickups shall be set by resolution of the city council.

B.    Commercial.

1.    A landlord, property owner, or property manager or management company of each and every store, shop, apartment, house, rooming house, or factory that has a commercial container shall pay to the city, or its authorized agent, a fixed minimum charge as set forth by the city council as a solid waste fee. Such fixed minimum charge is based upon service of one call per week, without consideration of whether there is any solid waste to remove from the premises.

A landlord, property owner, or property manager or management company with multiple tenants who must share a commercial container shall be responsible for the solid waste utility bill of the tenants. Responsibility to pay the solid waste utility bill of the landlord, property owner, or property manager or management company will become mandatory effective six months from the date of the adoption of the ordinance codified in this chapter to allow time to renew rental or lease contracts with tenants.

2.    Commercial Container, Roll-Off, and Additional Services. The utilities director may approve the placing of solid waste in containers other than ninety-five-gallon automated cans such as roll-off containers. The fixed fee and additional service charges will be set by resolution of the city council. Such charge shall include all costs to the city, including, but not limited to, labor, equipment operation, maintenance and depreciation, administrative overhead, recycling, landfill closure and landfill operation costs. Standard commercial charges for commercial containers and roll-off containers may be established by the utilities director subject to the approval of the city council.

3.    An additional or special pickup may be requested beyond the minimum service required by this chapter. Each such additional or special pickup shall be subject to a fixed fee. The fixed fee for additional or special pickups shall be set by resolution of the city council.

C.    Adjustment of Bills for Billing Error.

1.    Where the city overcharges or undercharges a customer’s solid waste bill as the result of a billing error, the city may render an adjusted bill for the amount of the undercharge, without interest, and shall issue a refund or credit to the customer for the amount of the overcharge, without interest, for the same periods as for the billing error. Adjusted billing shall be computed back to the date that the city determines the billing error commenced, except that the period of adjustment shall not exceed one year for a refund and six months for an undercharge. (Ord. 1049 § 2 (part), 2006)

8.32.150 Fees and charges—Due date.

Solid waste service fees and charges shall be paid on the first of each and every month and are delinquent on the tenth day of each month and shall be paid in advance. (Ord. 1049 § 2 (part), 2006)

8.32.160 Charges—Collection authority.

The city finance department shall collect all charges and fees with the assistance of the city attorney as necessary or appropriate. (Ord. 1049 § 2 (part), 2006)

8.32.170 Charges—Nonpayment—Violation.

The nonpayment by any person of the solid waste fee after notice given by the city finance department by bill rendered to such person, or left on the premises, is a violation of this chapter. (Ord. 1049 § 2 (part), 2006)

8.32.180 Charges—Nonpayment—Discontinuance.

The city shall have the right in addition to any other remedies to discontinue solid waste service for nonpayment of solid waste fees or charges. (Ord. 1049 § 2 (part), 2006)

8.32.190 Accumulation prohibited.

No person shall permit solid waste to accumulate upon the premises owned or occupied by such person. (Ord. 1049 § 2 (part), 2006)

8.32.191 Sufficient service required.

Customers must accept solid waste collection service sufficient to remove solid waste generated by or accumulating weekly from the premises. The utilities director may order additional service on behalf of the customer where the department determines necessary. If additional service is needed, a customer may use additional containers or select a larger-capacity container from the container choices available from the department. Commercial-route customers may also request more frequent container collection or dumps more than once a week. (Ord. 1049 § 2 (part), 2006)

8.32.192 Exclusive use of containers.

A.    It is unlawful for any person to dump or place any material into or to utilize any solid waste container, bin or dumpster without consent of the property owner or tenant in charge of the property.

B.    It is unlawful for any person, without the consent of the property owner or tenant in charge of the property, to enter into a solid waste container, whether or not a notice has been placed on such container, for the purpose of salvaging solid waste therein or for the purpose of utilizing the receptacle to rest or sleep therein. (Ord. 1049 § 2 (part), 2006)

8.32.210 Scavenging of recyclable materials.

No person shall remove recyclable materials from residential containers or commercial dumpsters that are designated for city collection. Such material includes, but is not limited to: newspapers, magazines, yard trimmings, wood waste, books, glass bottles, cardboard, plastic bottles, aluminum and steel cans. (Ord. 1049 § 2 (part), 2006)

8.32.220 Exemption from participation in residential curbside recycling.

At the discretion of the utilities director, an exemption may be granted to individual(s) from participating in residential curbside recycling upon approval from the utilities director, in his/her sole discretion. Exemptions may be granted based on the following criteria:

A.    Individual(s) who perform back yard composting at their household.

B.    Individual(s) who perform grass recycling at their household.

C.    Individual(s) or homeowners’ associations whose gardener takes green waste to a recycler.

D.    A lack of yard waste or recyclables being generated at the household.

E.    Health-related reasons which prevent individual(s) from wheeling carts to the curb.

F.    Severe space constraints which prevents the placement of additional containers at the household.

Individuals must request an exemption in writing and such request must provide a detailed explanation of the basis for the request, include supporting documentation and any other information or documentation reasonably requested by the utilities director. Exemptions may be revoked by the utilities director at any time at the discretion of the utilities director. Exemptions are conditioned upon and subject to: (1) the requesting party continuing to reside at the location specified in the request; and (2) the circumstances justifying the exemption remaining unchanged. Individuals or associations who are granted an exemption must notify the utilities director, in writing, of any change in the circumstances supporting the grant of exemption within thirty days of such change in circumstances. (Ord. 1049 § 2 (part), 2006)

8.32.230 Contamination of containerized recyclables and yard waste.

No person shall place nonrecyclable materials into city-provided containers, roll-off containers or dumpsters that are designated for the city collection of recyclables or yard waste. Commercial or residential recycling or yard waste containers may be removed from service if excessive and frequent contamination is found in the container. Excessive and frequent contamination is defined as three violations within a one-year period. If a residential container is removed from service, no rate reduction will be provided. If a commercial container is removed from service, for contamination, the existing charge will be discontinued concurrently with the removal of the bin. (Ord. 1049 § 2 (part), 2006)

8.32.240 Replacement fee for damaged containers.

The utilities director shall have the authority to assess the cost for the replacement of containers, roll-offs or dumpsters that have been damaged or destroyed due to the customer’s negligence or misuse. (Ord. 1049 § 2 (part), 2006)

8.32.250 Neighborhood cleanup requirements.

Any and all materials deposited curbside for the purposes of participating in the neighborhood cleanup program must meet the following criteria:

A.    All pickups must be secured by an appointment.

B.    All piles must be no more than five cubic yards in size (seven feet by six feet by three feet).

C.    All materials must be placed curbside by 6:00 a.m. on the scheduled collection date.

D.    Material must be placed at the edge of the street and not on a sidewalk.

E.    All materials must only consist of:

1.    Yard waste (leaves and grass must be bagged);

2.    Lumber/wood;

3.    Furniture/mattresses;

4.    Lawn mowers (remove gas and oil);

5.    Barbeques (remove propane tanks);

6.    Metals;

7.    Large appliances;

8.    Tires (no more than three).

Any materials placed curbside that do not meet the above requirements shall be considered illegal dumping and any person who commits such act(s) shall be subject to the penalties set forth in Folsom Municipal Code Section 8.34.040. (Ord. 1049 § 2 (part), 2006)

8.32.260 Frequency of residential service change requests.

Residents will be allowed three service change requests after receiving the residential solid waste, recycling and yard waste carts at no charge for one year of the city’s recycling program applicable to all categories of service. Additional service change requests will be charged an administrative fee of twenty dollars or as otherwise set by the city council by resolution.

The categories of service change include:

A.    Changing the size and number of garbage containers.

B.    Changing the size and number of recycling containers.

C.    Changing the size and number of yard waste containers. (Ord. 1049 § 2 (part), 2006)

8.32.270 Enforcement.

A.    This chapter shall be enforced pursuant to the provisions of Chapters 1.08 to 1.10, inclusive, of Title 1 of the Folsom Municipal Code and any other enforcement mechanism available to the city under the Folsom Municipal Code and/or applicable law.

B.    Unless otherwise expressly provided in this chapter, the utilities director shall enforce the provisions of this chapter. (Ord. 1049 § 2 (part), 2006)

8.32.280 Penalties.

A.    Unless otherwise expressly provided in this chapter, a violation of this chapter shall be an administrative violation as defined in Section 1.08.020 of this code. In addition to enforcement by any procedure set forth in Chapters 1.08 to 1.10, inclusive, except as provided in this section, any violation of this chapter shall be punishable as an infraction and shall be punishable by:

1.    A fine not exceeding fifty dollars for a first violation;

2.    A fine not exceeding one hundred dollars for a second violation within one year;

3.    A fine not exceeding two hundred fifty dollars for each additional violation within one year.

B.    Each and every day during which a stationary violation continues, except in cases in which a given time has been allowed for corrective action to be taken, shall be a separate and distinct offense.

C.    Violations of Section 8.32.090(B), (C), and (D); 8.32.190, and 8.32.210 shall be a misdemeanor, which shall be punishable by a fine not to exceed one thousand dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

D.    Each of the sanctions for administrative violations identified in Chapter 1.09 of this code shall be available for enforcement of the provisions of this chapter. The range of monetary sanctions available for a violation of this chapter shall be as set forth in Section 1.09.012(A)(5) and may be imposed on a per day basis for each violation. (Ord. 1049 § 2 (part), 2006)

8.32.290 Enforcement procedures—Notice to correct.

A.    Prior to the suspension, revocation, or denial of any permit, or the assessment of any fee, penalty, or charge, or the commencement of any other enforcement action pursuant to this chapter, the enforcement authority may pursue the procedures set forth in Chapter 1.09 of this code. The rights to judicial review set forth in Sections 1.09.050 through 1.09.059, inclusive, of this code shall apply.

B.    A notice to correct shall not be required to commence the administrative hearing procedures set forth in Chapters 1.08 through 1.10, inclusive, of this code. Pursuant to Section 1.09.024(A) of this code, a notice of administrative violation shall be served in accordance with the provisions of Section 1.09.027 of this code. (Ord. 1049 § 2 (part), 2006)

8.32.300 Remedies cumulative.

The remedies set forth in this chapter are cumulative to any other remedy available to the city. Pursuit of one remedy shall not preclude any other remedy, and nothing contained in this chapter shall limit or be deemed to prevent the city from pursuing any other remedy available to the city under the city’s code or any other applicable law. (Ord. 1049 § 2 (part), 2006)