A. City representatives or its designee(s) 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 generators, responsible parties of single-family premises, responsible parties of commercial businesses, responsible parties of multifamily premises, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. Inspection of residential containers may only be conducted once container is placed on a curb or sidewalk for the intended purpose of being serviced. This section does not permit city or its designee to enter the interior of a private residential property for inspection, nor does it allow city or its designee to approach a residential structure if containers are not pulled out to curb or sidewalk for service.

B. Entities regulated by this chapter shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city’s representative or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure of a responsible party to provide or arrange for: (1) access to an entity’s premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in Chapter 8.04.

C. Any records obtained by a city or its designee 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 or its designee shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 Regulations, including receipt of anonymous complaints.

E. City representatives and/or their designee are authorized to provide informational notices to entities regulated by this chapter regarding compliance with this chapter. (Ord. 1706 § 21, 2021)