A. Subject to the requirements of any applicable franchise agreement with an exclusive franchise hauler, city representatives and/or its designated entity, including designees, 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 article by organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city, its designees or agents to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with this article, the city may conduct container inspections for prohibited container contaminants.

B. Subject to the requirements of any applicable franchise agreement with an exclusive franchise hauler, a regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city representative and/or its designated entity, including designees, during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this article described herein. Failure 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 article and may result in penalties described in this article.

C. Any records obtained by a city 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 California Government Code Section 6250 et seq.

D. Subject to the requirements of any applicable franchise agreement with an exclusive franchise hauler, the city representative, its designees and agents are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this article, subject to applicable laws.

E. The city shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints in accordance with 14 CCR Section 18995.3. (Ord. 716 §1, 2021).