8.25.100 Inspections and investigations.
A. The City Manager shall be designated as an Enforcement Agent for purposes of enforcing this chapter and may deputize one or more employees of the City to carry out the duties of an Enforcement Agent.
B. The City and each Enforcement Agent is authorized to conduct any Inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws. This may include Inspections and investigations, at random or otherwise, of any Container, collection vehicle load, or transfer, Processing, or disposal facility to confirm compliance with this chapter, subject to applicable laws. For the purposes of inspecting Commercial Business Containers for compliance, the City and each Authorized Agent may conduct Container Inspections for Prohibited Container Contaminants using remote monitoring, and Commercial Businesses shall accommodate and cooperate with the remote monitoring.
C. An individual or Entity subject to the requirements of this chapter shall provide or arrange for access during all Inspections (with the exception of the interior of private Residential premises or properties) and shall cooperate with the City or Enforcement Agent 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, Inspection of County-run Transfer Stations, Otay Landfill and any other Landfills that the County may establish or acquire. It is a violation of this chapter to fail to provide or arrange for:
1. Access to the premises or property;
2. Installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or
3. Access to records for any Inspection or investigation.
D. Any records obtained by the City or Authorized Agent during Inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Section 6250 et seq. of the Government Code.
E. The City or Authorized Agent shall accept written complaints from individuals regarding an individual or Entity that may be potentially noncompliant with this chapter. Written complaints may be submitted using the City form for code complaints.
F. This section shall not be construed to deprive any individual or Entity of any privileges guaranteed by the Constitutions of the United States or the State of California, or any other statutory privileges. (Ord. 3523 § 2, 2022; Ord. 3105 § 1, 2008; Ord. 2992 § 1, 2005; Ord. 2740 § 3, 1998; Ord. 2492 § 1, 1992).