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02
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2021
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101921
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02
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10/13/2021 2:07:23 PM
Creation date
10/13/2021 2:06:51 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
10/19/2021
DESTRUCT DATE
15Y
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transfer, processing, or disposal facility for materials collected from generators, or <br />Source Separated materials to confirm compliance with the provisions of this <br />Ordinance for which it has enforcement authority by Organic Waste Generators, <br />Commercial Businesses (including Multi -Family Residential Dwellings), <br />Commercial Edible Food Generators, Regulated Haulers, Self -Haulers, Food <br />Recovery Services, and Food Recovery Organizations, subject to applicable laws. <br />This Section does not allow entry in a private residential dwelling unit for <br />Inspection. For the purposes of inspecting Commercial Business containers for <br />compliance with Section 5(b) of this Ordinance, the Enforcement Agency may <br />conduct container Inspections for Prohibited Container Contaminants using <br />Remote Monitoring, and Commercial Businesses shall accommodate and <br />cooperate with the Remote Monitoring pursuant to Section 50) of this Ordinance. <br />(b) A Person subject to the requirements of this Ordinance shall provide or arrange <br />for access during all Inspections (with the exception of a private residential dwelling <br />unit) and shall cooperate with the Enforcement Agency during such Inspections <br />and investigations. Such Inspections and investigations may include confirmation <br />of proper placement of materials in containers, inspection of Edible Food Recovery <br />activities, review of required records, or other verification or Inspection to confirm <br />compliance with any other requirement of this Ordinance. Failure to provide or <br />arrange for: (i) access to the premises; (ii) installation and operation of Remote <br />Monitoring equipment, if a Remote Monitoring program is adopted; or (iii) access <br />to records for any Inspection or investigation is a violation of this Ordinance and <br />may result in penalties described in Section 12. <br />(c) Any records obtained by the Enforcement Agency during Inspections, Remote <br />Monitoring, and other reviews shall be subject to the requirements and applicable <br />disclosure exemptions of the California Public Records Act as set forth in <br />Government Code Section 6250 et seq. <br />(d) The Enforcement Agency is authorized to conduct any Inspections, Remote <br />Monitoring, or other investigations as reasonably necessary to further the goals of <br />this Ordinance, subject to applicable laws. <br />(e) The Enforcement Agency shall accept written complaints from persons regarding <br />an entity that may be potentially non-compliant with this Ordinance. <br />(f) The Enforcement Agency for the provisions of this Section 11 is the Member <br />Agency and any Designee authorized by the Member Agency to enforce one or <br />more sections of this Ordinance. <br />SECTION 12. ENFORCEMENT <br />(a) Violation of any provision of this Ordinance shall constitute grounds for issuance <br />of a Notice of Violation and assessment of a fine by the Enforcement Agency. <br />Enforcement Actions under this Ordinance are issuance of an administrative <br />-27- <br />
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