8.12.1101 Infractions and misdemeanors.
A. Disregard of or Disobeying Chapter Provisions.
1. Each Failure. Each failure to comply with this chapter or any regulation promulgated under this chapter constitutes a separate violation. For example:
a. Scavenging recyclables under Section 8.12.501 is a separate violation for each recycling container from which someone removes recyclables.
2. Each Day. Each day a failure continues is a separate violation. For example:
a. Each day that an exempt hauler fails to repair its collection vehicle under Article IV of this chapter (such as replacing a broken turn signal) until the vehicle is repaired; and
b. Each day that someone stores solid waste on her premises in excess of permissible times in Section 8.12.201.
B. Infraction. Violation by a generator or self-hauler is an infraction.
C. Misdemeanors. Violation by an exempt hauler, franchised hauler, or permitted recycler is a misdemeanor.
D. Infractions or Misdemeanors. At the option of the city attorney, the city may enforce violation for noncompliance with the following sections as either an infraction or a misdemeanor:
1. Article V of this chapter, Scavenging;
2. Article VI of this chapter, Solid Waste Transportation;
3. Article VII of this chapter, Solid Waste Disposal;
4. Article VIII of this chapter, Recycling;
5. Article IX of this chapter, Solid Waste Facilities.
E. Enforcement Actions and Remedies.
1. Available Enforcement Actions and Remedies. If the director believes that a person has disregarded or disobeyed any provision of this chapter (whether in the capacity of a principal, agent, employee or otherwise), then the director may do either or both of the following:
a. Institute any administrative or judicial enforcement action; and
b. Exercise any legal or equitable remedy available to the city under law, such as the following:
i. Criminal prosecution seeking punitive penalties or imprisonment;
ii. Civil actions seeking injunctive relief;
iii. Civil suits seeking damages or civil penalties, including the costs of any corrective action that the director deems necessary to mitigate consequences of violations, whether acts or omissions;
iv. Proceedings to declare a property a public nuisance and abate the nuisance under the city code, or summary abatement as permitted by law.
Either the city attorney or district attorney may institute these actions and exercise these remedies.
F. Cumulative, Not Exclusive. Enforcement actions and remedies are cumulative, not mutually exclusive. The public works director may institute any single enforcement action or exercise any single remedy or a combination of multiple enforcement actions and remedies, separately or simultaneously. The public works director need not conclude any particular enforcement action or exhaust any particular remedy before instituting one or more other enforcement actions or exercising one or more other remedies. (Ord. 633 (Att. A), 2013).