Title 7 HEALTH, SANITATION, AND PUBLIC NUISANCES

Chapter 7.04 ADMINISTRATION

Editor's Notes

For the statutory authority of cities to make such health regulations as necessary to protect the public health, see Cal. Health & S.C.A. § 500; for the provisions regarding the State Board of Health, see Cal. Health & S.C.A. § 200 et seq.; for the provision authorizing the board to promulgate rules and regulations, see Cal. Health & S.C.A. § 208.

7.04.010 HEALTH OFFICER—APPOINTMENT.

The Health Officer shall be appointed and have such duties and powers as are set forth in this code, and such other duties and powers granted by the county of San Mateo or the state, which are not in conflict with this code. The San Mateo County Department of Public Health and Welfare shall be the Health Officer for the City.

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7.04.020 HEALTH OFFICER—SUMMONS POWER.

The Health Officer shall have the power to cite and summon any person to appear before him or her, or before the County Hearing Officer, or before the City Council, and such person so summoned shall be required to appear and testify to any and all facts in his or her possession in regard to any violation of any law, ordinance or regulation pertaining to public health or sanitation. Such person so cited and summoned may be require to testify under oath administered by the City Clerk, or other appropriate City or County officer.

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7.04.030 HEALTH OFFICER—POWERS AND DUTIES.

(a) The San Mateo County Department of Public Health and Welfare, its officers, agents and employees, which together and individually constitute the health officer of the City, shall have the duty and general powers necessary to enforce all health and sanitation laws, rules and regulations of the state, County of San Mateo, and the City, within the City. Such power shall include but not be limited to: inspect, examine, isolate, quarantine, placard and disinfect person, places and things within the City; to issue citations and/or summons regarding violations; require and issue permits and approvals and to deny, revoke or suspend the same; and all other powers as authorized or permitted by statute, ordinance or other lawful origin, to the extent constitutionally permissible for the discharge of the duties imposed. Such powers and duties shall also include any and all other powers and duties of the health officer as specified in any title, chapter, and section of this code.

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7.04.040 COMMUNICABLE DISEASE—STATE REGULATIONS ADOPTED.

The several regulations of the California State Board of Health for the prevention and control of communicable disease, together with amendments thereto in effect at this time, are adopted and made a part of this chapter.

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7.04.050 COMMUNICABLE DISEASE—ADDITIONAL RULES.

The council is authorized to make such additional rules and regulations as it may deem necessary to secure the prompt and effective control of communicable diseases within the City.

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Chapter 7.14 PROPERTY MAINTENANCE CODE

7.14.010 Adoption

This chapter shall be known and may be cited as the "Property Maintenance Code" and will be referred to in this chapter as "this code."

(a) The purpose of this chapter is to protect the public health, safety, and welfare in both existing residential and nonresidential buildings, structures, and premises within the City.

(b) The 2021 edition of the International Property Maintenance Code as published by the International Code Council is adopted with amendments as listed below as the rules, regulations, and standards as to all matters contained therein.

(c) A copy of this code shall be maintained on file in the office of the City Clerk.

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7.14.020 Scope and Administration

Chapter 1 Scope and Administration is amended as follows:

(a) Section 102.8.1 Conflicts is amended as follows:

Where conflicts occur between provision of this code and the referenced standards, the provisions of this code shall apply. Where conflicts occur between either this code or the referenced standards and California Building Standards Code, as adopted by the City in Title 23 Buildings and Construction of the municipal code, the provisions of Title 23 shall apply.

(b) Section 103.1 Creation of agency is amended as follows:

The community development director, or their designees, shall be known as the code official.

(c) Section 105.1 General is amended as follows:

The code official is hereby authorized and directed to enforce the provisions of this code, as well as the State Housing Law as contained in Part 1.5 of Division 13 of the Health and Safety Code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall be in compliance with the intent and purpose of this code. Such policy and procedures shall not have the effect of waiving requirements specifically provided for in this code.

(d) Section 107 Means of Appeal is not adopted:

Appeals of administrative citations or compliance orders of the code official issued under this code shall be conducted in accordance with Chapter 1.10 Administrative Citations or Chapter 1.14 Administrative Compliance Orders

(e) Section 109.1 Unlawful acts is amended as follows:

It is unlawful and a public nuisance for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any premises, building, structure, building service equipment in violation of this code or Title 23, or in a substandard condition; or cause or permit the same to be done.

(f) Section 110.4 Failure to comply is amended as follows:

Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for penalties in accordance with Chapter 1.04 General Penalty.

(g) Section 111.1 Unsafe conditions is amended as follows:

When a premises, building, structure, or equipment is found by the code official based on a determination by the building official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be posted in accordance with this section and declared to be a public nuisance and the violations shall be abated by repair, rehabilitation, demolition or removal pursuant to the applicable provisions of the adopted California Standards Building Code and this code where applicable.

(h) Section 111.4 Unlawful structure is amended as follows:

An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered, occupied or maintained contrary to law; or one that is partially constructed, reconstructed or demolished, and such work is abandoned. Work is deemed abandoned if there is no valid building or demolition permit.

(i) Section 111.7 Placarding is amended as follows:

When the code official determines a structure, equipment or premise has been erected, constructed, enlarged, altered, repaired, moved, improved, removed, damaged, converted or demolished, equipped, used, occupied or maintained in violation of the adopted building codes and/or this code and/or the structure, equipment or premise constitutes a danger to the life, limb, property or safety of the public or the occupants, the code official shall post a placard on the structure, equipment or premise in a conspicuous place in or about the affected structure, equipment or premise. The placard shall clearly state the code official's order regarding the structure, equipment or premise, and specify the conditions which necessitated the posting. Furthermore, the placard shall direct the premise owner/ manager to contact building department for necessary approvals/ permits/ inspections where applicable. (model code text removed in its entirety)

(j) Section 111.7.1 Placard removal is amended as follows:

The code official shall remove the placard whenever the defect or defects upon which the placarding action was based has been eliminated. Any person who defaces or removes a placard without the approval of the code official shall be subject to the penalties provided by this code and applicable state law.

(k) Section 111.8 Prohibited occupancy is amended as follows:

It shall be unlawful for any person, owner, owner's authorized agent, or other person responsible for the premise to occupy or allow to be occupied a placarded structure or premise or operate placarded equipment in violation of the code official's posted order.

(l) Section 112.6 Hearing is amended as follows:

Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Community Relations Commission, be afforded an appeal hearing as prescribed in Section 1.10.060.

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7.14.030 DEFINITIONS.

Chapter 2 Section 202 Definitions is amended as follows:

(a) Inoperable Motor Vehicle is amended as follows:

Inoperative motor vehicle is defined in section 7.16.041 of the municipal code.

(b) Substandard Building is added as follows:

A substandard building is any building or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in the rules and regulations of the State Housing Law, as codified in section 17920.3 of the Health and Safety Code.

(c) Temporary is added as follows:

Temporary shall mean buildings, facilities, or structures intended for use at one location for not more than 180 days or as approved by the building official for the purpose of this code only.

(d) Weeds is added as follows:

Weeds is defined in section 7.20.020 of the municipal code.

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7.14.040 GENERAL REQUIREMENTS.

Chapter 3 General Requirements is amended as follows:

(a) Section 302.1 Sanitation is amended as follows:

The property owner is responsible for ensuring the property exterior and premises is maintained in a clean, safe and sanitary condition. Such owner or authorized agent shall remain liable for violations thereof regardless of any contract or agreement with any third party regarding such property. The occupant may also be held jointly and severally liable for causing or contributing violations of this section.

(b) Section 302.2 Grading and drainage is amended as follows:

All premises shall be graded and maintained in accordance with Title 23 Building and Construction, to prevent the erosion of soil and prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs.

(c) Section 302.4 Weeds is amended as follows:

No owner, authorized agent, lessee or occupant or other person having charge or control of any building, lot or premises within the city shall permit weeds exceeding twelve inches in height to remain or accumulate upon such premises or upon public sidewalks or streets or alleys between such premises and the centerline of any public street or alley. All noxious weeds shall be prohibited.

Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to citation, administrative enforcement, or other means of enforcement prescribed by the municipal code or state law. Upon failure to comply with the notice of violation, any duly authorized employee of the city or contractor hired by the city shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or authorized agent responsible for the property.

(d) Section 303 Swimming Pools, Spas, and Hot Tubs is not adopted.

(e) Section 304.3 Premises identification is not adopted.

(f) Section 304.14 Insect screens is amended as follows:

Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25mm), and every screen door used for insect control shall have a self-closing in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

(g) Section 304.15 Doors is amended as follows:

All exterior doors, door assemblies including weather stripping, thresholds and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door.

(h) Section 304.16 Basement hatchways is amended as follows:

Basement hatchways and under-floor access doors and ventilation openings shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Doors shall be tight fitting and ventilation openings shall be properly screened with corrosion-resistant wire mesh having openings not exceeding 1/4 inch in any dimension or alternate approved materials pursuant to the adopted California Building Standards Code.

(i) Section 309 Pest Elimination is amended as follows:

If pest infestation, determined by a licensed pest control professional, is found in the habitable space the owner of the structure shall promptly eliminate the infestation by an approved process that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation.

If reinfestation is determined by a licensed pest control professional to be caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination.

(j) 309.3 Single occupant is amended as follows:

The occupant of a one-family dwelling or of a single- tenant nonresidential structure, who has occupied the structure for two (2) years or more, shall be responsible for pest elimination on the premises.

(k) 309.4 Multiple occupancy

The owner of a structure containing four (4) or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for pest elimination in the public or shared areas of the structure and exterior property.

The Code Official shall require the property owner to provide a report and remediation plan from a licensed pest control professional.

(l) 309.5 Occupant Is not adopted.

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7.14.050 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS.

Chapter 5 Plumbing Facilities and Fixture Requirements is amended as follows:

(a) Section 505.4 Water heating facilities is amended as follows:

Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a minimum temperature of 110° F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless the installation complies with Title 23 Buildings and Construction. An approved combination temperature and pressure-relief valve discharge pipe shall be properly installed and maintained on water heaters.

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7.14.060 MECHANICAL AND ELECTRICAL REQUIREMENTS.

Chapter 6 Mechanical and Electrical Requirements is amended as follows:

(a) Section 602.2 Residential occupancies is amended as follows:

Dwellings shall be provided with heating facilities in accordance with Title 23 Buildings and Construction. Cooking appliances, fireplaces, and portable space heaters shall not be used as a means to provide required heating.

(b) Section 602.3 Heat Supply is amended as follows:

Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat in accordance with Title 23 Buildings and Construction.

(c) Section 604.3 Electrical system hazards is amended as follows:

Where it is found by the code official that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation including the improper use of extension cords as permanent wiring, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.

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7.14.070 FIRE SAFETY REQUIREMENTS.

Chapter 7 Fire Safety Requirements is amended as follows:

(a) Section 702.1 General is amended as follows:

A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with Title 23 Buildings and Construction.

(b) Appendix B Means of Appeal is not adopted.

Appeals of administrative citations or compliance orders of the code official issued under this code shall be conducted in accordance with Chapter 1.10 Administrative Citations or Chapter 1.14 Administrative Compliance Orders.

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Chapter 7.16 PUBLIC NUISANCES

7.16.010 PUBLIC NUISANCE—DEFINED.

(a) A public nuisance is anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway and which affects at the same time a community, neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

(b) This chapter, as well as other sections of the code, declare certain uses, actions, and activities to be public nuisances. It is the express intent of the Council that those declarations are in addition to, and not subject to, the generic determinations of public nuisances contained in and authorized by this section. Further, none of the express declarations of public nuisances contained in this chapter or the code are to or shall be construed to be exclusive or in any other way to limit the authority of the City to identify and abate public nuisances pursuant to City, County, State, or Federal law.

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7.16.015 VIOLATION.

It is unlawful for any person or entity to maintain, create, cause, or permit any public nuisance.

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7.16.020 HEALTH NUISANCES.

The following are expressly declared to be public nuisances adversely affecting the public health:

(a) Decaying, infected, or unwholesome food, bartered, sold, or offered for sale to the public, or designed or offered for human consumption.

(b) Animals affected with disease, or animal disease carriers, when the disease is one that may adversely affect the health of humans or other animals.

(c) Ponds or pools holding stagnant water.

(d) Uncovered or inadequately covered accumulations of manure, animal feces, plant material, fruits, or rubbish that provide a breeding place for flies, mosquitoes, or vermin, or which release gases or which produce a noxious or offensive odor.

(e) Pollution or contamination of any water supply or water course by sewage, industrial, chemical, oil, junk, debris, or any other waste or product.

(f) Smoke, fumes, gas, dust, soot, cinders, or other particulate matter in such quantities as to render the occupancy or use of property uncomfortable to a person of ordinary sensibilities.

(g) Any other acts, conditions, occupations, and uses of property that are a menace to the public health.

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7.16.030 PUBLIC NUISANCES ADVERSELY AFFECTING THE PUBLIC PEACE AND SAFETY.

The following are expressly declared to be public nuisances adversely affecting the public peace and safety:

(a) Storage, leakage, release, or use of any explosive, flammable liquid, or other dangerous, toxic, or hazardous substance in any manner or in any amount other than as permitted pursuant to this code and County, State, or Federal laws.

(b) All buildings and alteration of buildings, or parts thereof, made or erected in violation of City ordinances or any applicable County, State, or Federal laws prescribing the manner and materials for the construction or alteration, including construction without required permits.

(c) Uses of property that violate City ordinances, including the Zoning Code, unless such uses are legally nonconforming uses.

(d) Obstructions, impediments, or excavations that interfere with the ordinary use by the public of any public street, way, or sidewalk except when and as permitted pursuant to this code or State law.

(e) Rainwater, well water or drainage water issuing in a collected or directed manner or falling from any building, structure, well or paved area upon any sidewalk or public pedestrian way, or flowing across any sidewalk or public pedestrian way.

(f) Any dangerous, unguarded machinery or appliances left in any public place or so operated or situated on private property so as to be accessible to the public.

(g) Any dead, diseased, infected, or dying tree or shrub on any property so near to a street, public right-of-way, or a public utility easement as to constitute a danger to street trees, public utility services, streets, sidewalks, vehicle travel, persons, or property, other than that of the owner of the tree.

(h) Vines or climbing plants growing into or over any street tree, fire hydrant, pole, utility wire, or electrolier.

(i) Branches, roots, trees, shrubs, or foliage that interfere with visibility on, illumination of, or the free, safe, or undamaged use of, or access to or along, any portion of any public street or sidewalk.

(j) Hedges or dense, thorny shrubs extending into the public right-of-way.

(k) Branches of trees or shrubs that extend within eight vertical feet from any portion of a public sidewalk or within 14 vertical feet from any portion of a public street.

(l) Fences, hedges, or growths of like nature that violate the restrictions imposed by Chapter 27.84.

(m) Generation of intense glare or heat that unreasonably affects use and enjoyment of neighboring property or confuses or interferes with travel along a street or sidewalk.

(n) Excavations, holes, ponds or any other dangerous property condition that are open and unsecured from access by the public.

(o) Any barbed wire or electrified fence within a plane of four horizontal feet from any public street, way, sidewalk, path, or park; any wire, twine, or rope fences, consisting of one or more strands of wire, twine, or rope that is less than three feet in height and less than three feet from any public street, way, sidewalk, path, or park.

(p) Any other act, occupation, and use of property that in fact endangers or jeopardizes the public peace and safety.

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7.16.040 PROPERTY NUISANCES.

The following are expressly declared to be public nuisances:

(a) Buildings or structures that are structurally unsafe or which constitute a fire hazard, or which are otherwise dangerous to human safety and life.

(b) Buildings that are in violation of Chapter 7.14, Title 23, Title 27.

(c) Erosion, undercutting, sliding, excessive sloping, subsidence, saturation of soil, or surface water drainage of such magnitude or effect to be potentially injurious to the public whether caused by grading operations, excavations, or fill, directed or disregarded drainage or as a result of the topography, geology, or configuration of the land in its natural or altered state.

(d) Accumulation of debris, rank overgrowth of trees, bushes, vegetation, weeds, or uncultivated grass over 12 inches in height.

(e) Buildings, fences, signs, or other structures that are or have been abandoned, boarded up, partially destroyed, or permitted to remain in a state of partial construction for a period of 90 days or more, except in the case of partial construction, in which case the time shall be for a period of 180 days or more, and where continuation of the condition is unsightly or is hazardous to the public health, safety, or welfare.

(f) Unpainted buildings or buildings with substantial missing or peeling paint otherwise causing or tending to cause dry rot, warping, or termite infestation.

(g) Buildings with windows containing broken glass or missing glass.

(h) Any wrecked, disabled, inoperative, salvaged or dismantled vehicle, vessel, equipment, appliances, or parts stored or parked visible from a public street, unless they are stored or parked pursuant to the provisions of this code.

(i) Broken, inoperative, or discarded furniture or other household equipment, litter, garbage or other refuse visible from a public street.

(j) Clothes hanging in any visible portion of a front yard.

(k) Waste containers stored within public view or placed for collection along a street, roadway, or alley outside of the time limitations set forth below:

(1) In all zoning districts except for the Central Business District and Central Business District Support zoning districts, any waste containers placed for collection along a street, roadway, or alley shall be set out only on the day established for collection or after 12 noon on the day immediately prior to collection, and must be removed by 12 midnight on the day of collection.

(2) Within the Central Business District and Central Business District Support zoning districts, any waste containers placed for collection along a street, roadway, or alley shall be set out only on the day established for collection or after 6 p.m. on the day immediately prior to collection, and must be removed by 11 a.m. on the day of collection.

(l) Condition of premises that is so defective, unsightly, deteriorated, or disrepaired as to be materially detrimental to the use and enjoyment or value of nearby properties and improvements.

(m) Emanation of noise or vibrations of such a loud, unusual, unnecessary, penetrating. lengthy, raucous, annoying, untimely, or boisterous nature as to unreasonably disturb, annoy, injure, interfere with, or endanger the comfort, repose, health, peace, safety, or welfare of the users of neighboring property.

(n) Items stored and stacked outside of an outdoor recycling collection area and otherwise in violation of Chapter 27.86.

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7.16.041 INOPERATIVE VEHICLE—DEFINED.

Inoperative vehicle means a vehicle that cannot operate safely or legally upon the streets or highways of the state and includes any vehicle that does not have current valid registration. With respect to a motor vehicle, in addition to the foregoing, inoperative vehicle means a vehicle that is then not capable of self-propulsion.

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7.16.050 ABATEMENT—METHODS.

The City may choose to abate any public nuisance or violation of this Code through any of the abatement methods set forth in this code or in State or Federal law, and nothing contained in this title shall be construed as limiting, prejudicing, or adversely affecting the City's ability to concurrently or consecutively use any of those proceedings as the City may deem are efficient, effective, practicable, or applicable.

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7.16.060 ABATEMENT—REFERRAL TO COMMUNITY RELATIONS COMMISSION.

A notice of hearing before the Community Relations Commission may be issued by the Director of Community Development, or the Director's designee, to determine whether (1) a public nuisance exists; (2) a violation of Chapter 23 of the municipal code exists; (3) a violation of Chapter 25 of the municipal code exists; or (4) a violation of Chapter 27 of the municipal code exists.

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7.16.070 NOTICE OF HEARING BY COMMUNITY RELATIONS COMMISSION ON PUBLIC NUISANCE OR VIOLATION.

(a) Notice of the time, date, and place of the public hearing on the alleged nuisance or violation will be provided at least 10 days before the date set for the hearing by posting on the premises involved and mailing by first class mail to the following persons:

(1) The owners of the premises as their names appear on the last equalized roll upon which City taxes are collected on the premises; the name and address of the owners as shown on that assessment roll shall be conclusively deemed to be the proper persons and addresses for mailing the notice; and

(2) To the occupants of the premises as their names reasonably appear on the premises.

(b) The notice will contain a description of the premises involved by street address, including if appropriate, the lot and block number description, a brief summary of the conditions and violations alleged to exist on the premises, and a brief summary, if any, of the abatement believed necessary.

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7.16.080 HEARING BY COMMUNITY RELATIONS COMMISSION ON PUBLIC NUISANCE OR VIOLATION.

At the time stated in the notice, or at the time to which the Community Relations Commission may continue the proceeding, the Commission will hear and consider all relevant facts and testimony presented. The hearing may be continued from time to time by action of the Commission.

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7.16.090 ORDER OF THE COMMUNITY RELATIONS COMMISSION.

(a) Upon the conclusion of the hearing on each matter brought before the Community Relations Commission, the Commission will determine whether the condition of the premises constitutes a public nuisance, in whole or in part, or if an order to abate a violation of Title 23, 25, or 27 as applicable, should issue.

(b) If the Community Relations Commission finds that a nuisance does exist, the Commission may order the nuisance to be abated, may further require the abatement within a specified time period, and may impose such further conditions on the abatement as the Commission finds are just and proper.

(c) If the Community Relations Commission determines that an order to abate a violation of Title 23, 25 or 27 should issue, the Commission may order the violation to be abated, may further require the abatement within a specific time period, and may impose such further conditions on the abatement as the Commission finds are just and proper.

(d) A copy of the order will be posted on the premises. If the owners of the premises are not present at the hearing, a copy of the order will be delivered to the owners in the same manner as for the hearing notice.

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7.16.100 APPEAL OF DECISION OF COMMUNITY RELATIONS COMMISSION ON PUBLIC NUISANCE OR VIOLATION.

Any interested person may appeal a decision of the Community Relations Commission to the City Council by filing a notice of appeal together with the fee established by resolution of the Council no later than 10 days after the decision of the Commission. Upon receipt of such an appeal, the City Clerk will set the matter for hearing before the Council on the first open agenda of the Council that is at least 15 days after the date of receipt.

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7.16.110 COUNCIL HEARING ON APPEAL OF COMMUNITY RELATIONS COMMISSION DECISION ON PUBLIC NUISANCE OR VIOLATION.

(a) Notice of a hearing on an appeal of a decision of the Community Relations Commission on a public nuisance or violation will be given in the same manner and to the same persons as for a hearing on a public nuisance or violation before the Commission.

(b) The Council will hear the appeal de novo and consider all relevant facts and testimony presented.

(c) At the conclusion of the hearing, the Council may approve, disapprove, or amend the decision of the Commission, as the Council in its sole discretion determines is just and proper.

(d) Notice of the action of the Council will be given in the same manner as provided for notice of action by the Commission.

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7.16.120 DIRECT REFERRAL OF COMPLAINT TO THE CITY COUNCIL.

At any time and in any case that the City Manager, or the Manager's designated representative, determines is appropriate, the Manager or the representative designated by the Manager may issue a notice of hearing before the City Council for determination of whether a public nuisance exists or an order to abate a violation of Title 23, 25 or 27 should issue, without first referring the question to the Community Relations Commission.

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7.16.130 COUNCIL HEARING ON DIRECT REFERRAL OF COMPLAINT.

(a) Notice of a hearing on referral to the City Council on an alleged public nuisance or violation will be given in the same manner and to the same persons as for a hearing on an appeal to the Council of a decision by the Community Relations Commission.

(b) At the time set forth in the notice or at the time to which the Council may continue the proceeding, the Council will hear and consider all relevant facts and testimony presented. The hearing may be continued from time to time by action of the Council.

(c) At the conclusion of the hearing, the Council will determine whether the condition of the premises constitutes a public nuisance, in whole or in part, or an order to abate a violation of Title 23, 25 or 27 should issue, all as specified in the notice of the proceeding. If the Council finds that such a nuisance does exist or such an order should issue, the Council may order the nuisance or violation to be abated, may further require the abatement within a specified time period, and may impose such further conditions on the abatement as the Council finds are just and proper. In the alternative, the Council may send the complaint to the Community Relations Commission or any other board or commission for further hearing and investigation, or the Council may take such other action as the Council determines is appropriate. A copy of the order will be posted on the premises involved on the following work day. If the owners of the premises are not present at the hearing, a copy of the order will be delivered to the owners as was provided for the hearing notice.

(d) The City official undertaking summary abatement under this section may use City forces or a private contractor, or both, and will keep an account of the costs and expenses incurred by the City.

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7.16.160 CONCLUSIVE NOTICE.

Mailing of notice of any hearing or order under this chapter to the owners of the real property concern as the owners' names and addresses are shown on the last equalized roll upon which City taxes are collected shall be conclusively deemed to be the proper persons and addresses for mailing the resolution, and the failure of any or all of the addresses to receive the notice shall not invalidate any of the proceedings. Further, the posting of notice of a hearing or order pursuant to this chapter shall be conclusively deemed to be adequate notice to any and all occupants, users, or possessors of the property or its contents, and the failure of any such occupant, user, or possessor to see, read, understand, or otherwise receive the notice shall not invalidate any of the proceedings.

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7.16.170 NOTICE TO DEPARTMENT OF MOTOR VEHICLES.

Nothing contained herein shall in any way be construed to inhibit or alter any obligations any person may have to report the sale, dismantlement, or destruction of a vehicle or vehicle parts to the State Department of Motor Vehicles in accordance with applicable laws.

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7.16.180 CIVIL OR CRIMINAL ACTIONS NOT AFFECTED.

Any abatement process undertaken pursuant to this title shall not prejudice or adversely affect any other action, civil or criminal, that may be brought to abate the public nuisance or violation or to seek compensation for damages suffered. A civil or criminal action may be brought concurrently with any other abatement process regarding the same public nuisance or violation. At the discretion of the prosecuting attorney, any action brought to abate a public nuisance or violation or to seek compensation for damages may also include as a party the owner of the real property that is the site of the use or activity causing the nuisance. It is the express intention of this section to permit the prosecution of real property owners who fail to take reasonable steps after notice to correct nuisances or violations existing on their property even though the property may be leased to others.

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7.16.190 CONSTRUCTION.

No section of this chapter shall impose a mandatory duty on the City, or on any officer, official, agent, employee, board, council, or commission of the City. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section or not to enforce it.

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7.16.210 ADMINISTRATIVE FEES.

(a) For matters referred to and heard by the Community Relations Commission under Sections 7.16.060 through 7.16.090 of this chapter, an administrative fee shall be imposed if it is found that the violation was in existence eight hours before the noticed time of the Commission hearing; this fee shall be imposed even if the nuisance is subsequently abated.

(b) The administrative fee shall be included in the City of San Mateo Comprehensive Fee Schedule.

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Chapter 7.17 ABANDONED VEHICLES

7.17.010 SHORT TITLE.

This chapter shall be known and cited as the "San Mateo Abandoned Vehicle Abatement Ordinance." It shall be a procedure alternative to that set forth in Chapter 7.16.

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7.17.020 FINDINGS—NUISANCE DECLARED.

In addition to and in accordance with the determination made and the authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council makes the following findings and declarations:

The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property, including highways, is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects, and to be injurious to the health, safety and general welfare. Therefore, the presence of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, on private or public property, including highways, except as expressly permitted in this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

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7.17.030 DEFINITIONS.

As used in this chapter, the following definitions shall apply:

(a) "Hearing officer" means the City Manager or person or persons designated by the City Manager.

(b) "Highway" means a way or place, of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes street.

(c) "Locally designated officer" means the Chief of Police, officer or other person designated by the Chief of Police.

(d) "Owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

(e) "Owner of the vehicle" means the last registered owner and legal owner of record or more current owner, if known.

(f) "Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

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7.17.040 EXEMPTIONS.

(a) This chapter shall not apply to the following:

(1) A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner so that it is not visible from the highway or other public or private property;

(2) A vehicle, or parts thereof, which is located behind a solid fence six (6) feet in height or which is not plainly visible from a highway;

(3) A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed auto dismantler, vehicle dealer or junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

(b) Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code, this chapter and Chapter 7.16 of the Municipal Code.

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7.17.050 NONEXCLUSIVE REGULATION.

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction. Nothing herein shall be construed in any manner to limit the authority of a peace officer or other public officer to take actions as authorized by law whether or not in compliance with this chapter.

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7.17.060 ADMINISTRATION AND ENFORCEMENT.

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the locally designated officer. In the enforcement of this chapter such officer and his or her deputies may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

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7.17.070 AUTHORITY OF FRANCHISEE TO ENTER PRIVATE PROPERTY.

When the City Council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

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7.17.080 ASSESSMENT OF ADMINISTRATIVE COSTS.

The City Council shall, from time to time, determine and fix by resolution an amount to be assessed as administrative costs, excluding the actual cost of removal of any vehicle or parts thereof under this chapter. Said costs shall be published in the master fee schedule of the City.

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7.17.090 ABATEMENT GENERALLY.

Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the City, the locally designated officer shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.

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7.17.100 ABATEMENT—NOTICES.

A 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership in which case the vehicle and/or land will be posted and the owner of the land noticed as required. The notices of intention shall be in substantially the following forms:

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7.17.110 ABATEMENT—PUBLIC HEARINGS.

(a) Upon request by the owner of the vehicle or owner of the land received by the locally designated officer within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the hearing officer on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located.

(b) If the owner of the land submits a sworn, written statement denying responsibility for the presence of the vehicle on his or her land within such 10-day period, said statement shall be construed as a request for a hearing which does not require his or her presence. Notice of the hearing shall be mailed, by registered mail, at least 10 days before the hearing, to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership in which case the vehicle and/or land shall be posted.

(c) If such a request for hearing is not received within said 10 days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.

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7.17.120 PUBLIC HEARINGS—CONDUCT—FINDINGS.

(a) All hearings under this chapter shall be held before the hearing officer who shall hear all facts and testimony he or she deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The hearing officer shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his or her reasons for such denial.

(b) The hearing officer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this chapter. He or she may delay the time for removal of the vehicle or parts thereof if, in his or her opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site.

(c) If it is determined at the hearing that the vehicle was placed without the consent of the owner of the land and that he or she has not subsequently acquiesced in its presence, the hearing officer shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land.

(d) If the owner of the land submits a sworn, written statement denying responsibility for the presence of the vehicle on his or her land but does not appear, or if an interested party makes a written presentation to the hearing officer but does not appear, he or she shall be notified in writing of the decision.

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7.17.130 REMOVAL AS PUBLIC NUISANCE.

Five (5) days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance or five (5) days from the date of mailing of notice of the decision, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard. If the local agency determines that commercial channels of disposition are not available or are inadequate, it may dispose of the vehicles by removal to any suitable site operated by it. The local agency may make final disposition of such vehicles or parts thereof or may transfer such vehicles or parts to another, provided such disposal is only for scrap. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.

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7.17.140 NOTIFICATION TO DEPARTMENT OF MOTOR VEHICLES AND DEPARTMENT OF JUSTICE.

(a) Within five (5) days after the date of removal of the vehicle or parts thereof, the Police Department shall notify the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title, and license plates.

(b) Immediately after removal of the vehicle, the public agency which removed, or caused the removal of, the vehicle shall notify the Stolen Vehicle System of the Department of Justice in Sacramento of the removal.

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7.17.150 COLLECTION OF ADMINISTRATIVE AND REMOVAL COSTS.

(a) If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 7.16.110 are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code, and shall be transmitted to the Tax Collector for collection. Said assessment shall have the same priority as other City taxes.

(b) The City may also collect fees through other legal means including, but not limited to, court action.

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7.17.160 VIOLATIONS.

(a) It is unlawful for any person to abandon, park, store, or leave or permit the abandonment, parking, storing, or leaving of any licensed or unlicensed vehicle or parts thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property including highways within the City for a period in excess of 10 days unless such vehicle or parts thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private or highway property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junk yard.

(b) It is unlawful for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or State law where such State law is applicable.

(c) The provisions of Sections 1.04.010, 1.04.015, and 7.16.200, as well as any penalties set forth in the California Vehicle Code, shall apply to the violations set forth in this section.

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7.17.170 PENALTY FOR VIOLATIONS.

(a) Any person violating any provision of this chapter shall be guilty of a public offense.

(b) Any person violating any provision of this chapter shall be guilty of a separate offense for each and every day during which the violation is committed.

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Chapter 7.18 SALE OF DRUG PARAPHERNALIA TO MINORS

7.18.010 PURPOSE.

The sale of drugs and narcotics paraphernalia in business establishments, open to the public and frequented by minors, tends to induce acquisition and use by minors for smoking, injecting or consumption of controlled substances. Possession and use of controlled substances are prohibited or limited by the Controlled Substances Act, California Health and Safety Code Sections 11000 et seq. It is the intent and purpose of this chapter to prohibit the sale of such devices to minors, and thereby, curb the use of illicit and harmful drugs and narcotics by minors in the interests of their mental and physical health.

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7.18.020 SALE TO MINORS—PROHIBITED.

No owner, manager, proprietor or other person in charge of any room in any place of business selling, or displaying for the purpose of sale, any opium pipe, device, contrivance, instrument or paraphernalia for smoking, injecting, or consuming any controlled substance, as specified in the California Health and Safety Code, other than prescription drugs and devices to ingest or inject prescription drugs, shall offer to sell, sell, or give to any person under the age of 18 years such paraphernalia.

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7.18.030 MINORS PURCHASE—PROHIBITED.

A person under the age of 18 years shall not buy, offer to buy or accept as a gift any opium pipe, device, contrivance, instrument or paraphernalia for unlawfully smoking or injecting or consuming any controlled substance, prohibited under the Controlled Substances Act, other than devices to inject or inject prescription drugs.

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7.18.040 SIGN PROHIBITING SALE TO MINORS.

Each owner, manager, proprietor or other person in charge of any room in any place of business selling or displaying for the purpose of sale, any opium pipe, device, contrivance, instrument or paraphernalia for smoking, injecting or consuming any controlled substance as specified in the California Health and Safety Code, shall prominently display a sign therein, in readily visible and legible words, to the effect that offering to sell, to sell, or give to any person under the age of 18 years any such paraphernalia is prohibited. Such sign shall cite this chapter of the code as the basis for the prohibition.

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7.18.050 VIOLATIONS.

The violation of any of the provisions of this chapter is declared to be a public nuisance, and may be abated pursuant to the provisions of Section 731 of the California Code of Civil Procedure. This remedy is in addition to any other remedy provided by law, including the penalty provisions applicable for violation of the terms and provisions of this code.

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Chapter 7.20 WEEDS—RUBBISH—RANK GROWTH—INTERFERENCE WITH THE PUBLIC RIGHT-OF-WAY

7.20.010 PURPOSE.

This chapter is intended to provide an alternative and routine means of abating annual public nuisances that consist of weeds and rubbish and routine interference with the public right-of-way. Nothing contained in this chapter shall be construed to preclude the usage of other procedures or proceedings under this Code to abate the same or similar public nuisances.

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7.20.020 DECLARATION OF PUBLIC NUISANCE.

(a) For purposes of this chapter, "weeds" shall mean:

(1) All weeds that bear seeds of a downy or wingy nature;

(2) Sagebrush, coyote brush, chaparral, and any other brush or weeds that attain such large, rank, or dense growth as to become, when dry, a fire hazard;

(3) All weeds that are noxious or dangerous or present the potential to be hazardous to the public or other properties;

(4) Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health; or

(5) Dry grass, stubble, brush, litter, or other flammable material that endangers the public safety by creating a fire hazard.

(b) All weeds, dirt, rubbish, debris, and rank growths of any kind on private property or in any street within the City constitute a public nuisance.

(c) All earth, soil, dirt, or other materials, which are deposited or permitted to come upon a public street, sidewalk, path, or right-of-way in the City without a permit from the City for that deposit and which interferes with the public's use of that street, sidewalk, path, or right-of-way constitutes a public nuisance. All earth, soil, dirt, or other materials, which are deposited or permitted to be placed upon public property and which are so located or of such a nature as to be likely to slide, collapse, flow, or otherwise move onto a public street, sidewalk, path, or right-of-way in the City so as to interfere with the public's use of that street, sidewalk, path, or right of way constitute a public nuisance.

(d) Every real property owner, lessee, or occupant of real property shall destroy the weeds and remove the dirt rubbish, and rank growths from the owner's, lessee's, or occupant s property, all sidewalks abutting the property, and the half of the streets on which the property abuts. It is unlawful to deposit earth, soil, dirt, or any other materials in such a way or manner that are likely to slide, flow or otherwise move onto a public street, sidewalk, path, or right-of-way in the City so as to interfere with the public's use of that street, sidewalk, path, or right-of-way.

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7.20.030 RESOLUTION OF INTENTION TO DECLARE A NUISANCE.

(a) At any time that and as often as the City Manager determines is appropriate, the City Manager may send a report to the Council specifying real properties in the City on which conditions exist that constitute a public nuisance under this chapter and requesting the Council to hold a public hearing to determine if such a public nuisance exists and whether the nuisance should then be abated.

(b) Upon receipt of such a report from the City Manager, the Council may pass a resolution of intention to hold a public hearing to determine if the nuisance still exists and whether abatement pursuant to this chapter should be ordered. Such a resolution of intention will contain the street address of each property concerned, a statement that unless the alleged nuisance is promptly abated, the Council will order the City Manager to abate it and to assess the costs upon the property, and the time, date, and place for hearing any objections or responses to the resolution of intention.

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7.20.040 NOTICE OF INTENTION TO DECLARE A NUISANCE.

(a) At least ten (10) days before the date set for the abatement hearing, the City will mail a copy of the resolution of intention to the owners of each property specified in the resolution of intention as those owners are listed in the last equalized assessment roll of the San Mateo County Assessor available at the City. The name and address of the owners as shown on that assessment roll shall be conclusively deemed to be the proper persons and addresses for mailing the resolution, and the failure of any or all of the addressees to receive the notice shall not invalidate any of the proceedings.

(b) Before the hearing, the City will also publish the resolution of intention in a newspaper of general circulation published in the City. The publication of the resolution will occur at least ten (10) days before the date set for the hearing.

(c) The City may also post the resolution of intention on one or more of the properties designated in the resolution of intention, but shall not be required to do so.

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7.20.050 HEARING ON NUISANCE DECLARATION AND ORDER OF ABATEMENT.

(a) At the time and date set in the resolution of intention or at such time and date as the Council may continue the hearing to, the Council will hear and consider all objections to the proposed finding of a public nuisance and the proposed abatement of the nuisance.

(b) At the conclusion of the hearing, the Council will allow or overrule any objections, and may, by resolution, order abatement of any of the nuisances determined by the Council to exist and to assess all costs involved in the abatement against the designated property.

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7.20.060 ORDER TO ABATE.

Any order to abate under this chapter will direct the owner of the property to abate the nuisance no later than a date certain and will direct the City Manager to abate the determined nuisance if not so abated and to document the costs involved in the abatement for subsequent reporting to the Council for assessment.

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7.20.070 FINDING OF RECURRING NUISANCE.

(a) In the report submitted to the Council, the City Manager may specify that conditions on certain properties are seasonal and recurrent nuisances. The Council may include such an allegation in its resolution of intention together with a general description of the consequence of such a finding under this Section. After considering objections to both the finding of nuisance and its recurrent nature at the subsequent hearing, the Council may overrule the objections and determine that conditions on the property so designated constitute a recurrent nuisance in its resolution of abatement.

(b) If a second or subsequent nuisance of the same nature occurs on a property determined to constitute a recurrent nuisance under this Section, no further hearings need be held and it shall be sufficient to mail a post card notice to the owners of the property as follows:

(1) At least ten (10) days before the date set for the abatement action, the City will mail a notice of the proposed abatement that contains the address of the designated property, the date of the resolution that determined that a recurring nuisance existed on the property, and a warning that unless the nuisance is abated by a date certain, the City intends to remove the weeds and to assess the costs of the removal upon the property through collection on the general tax rolls; and

(2) The notice will be mailed to the property's owners as they and their addresses are listed in the last equalized assessment roll of the San Mateo County Assessor available at the City. The name and address of the owners as shown on that assessment roll will be conclusively deemed to be the proper persons and addresses for mailing the resolution, and the failure of any or all of the addressees to receive the notice shall not invalidate any of the proceedings.

(c) The City may provide for preventive abatement of a property designated under this Section through preventive measures that include but are not limited to preemergent or early chemical control of weeds on the designated property during subsequent germinating seasons. These costs shall be collectible in the same manner as other abatement costs described in this chapter.

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7.20.080 ABATEMENT.

The Council may direct the City Manager to abate the nuisances as determined above. Before the Manager does so, the property owner may cause the removal of the nuisance. However, if the nuisance is abated by the property owner after passage of the resolution of abatement, the Manager will report the abatement to the Council and request affirmation and assessments of costs incurred by the City and any other public agencies in enforcing abatement upon the property, including investigation, boundary determination, measurement, clerical' and other related costs.

The City Manager, or the Manager's designated representative, will keep an account of the cost of each abatement and will submit it to the Council for affirmation and assessment upon completion of the abatement or from time to time as the Director may deem appropriate.

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Chapter 7.22 UNRULY GATHERINGS

7.22.010 PURPOSE.

This chapter is enacted pursuant to the authority provided in Government Code Sections 38771 through 38773.5 and pursuant to the City's police powers. The purpose of this chapter is to identify activity which constitutes a public nuisance, to provide for the summary abatement of such a nuisance at the expense of the persons creating, causing, committing or maintaining it, and to promote the public peace, health, safety and welfare by minimizing the frequency of occurrences requiring calls for service to unruly gatherings which disturb the public peace and threaten the general welfare and to promote the reduction of underage drinking by imposing penalties upon responsible persons for unruly gatherings where alcohol is consumed by, served to, or in the possession of underage persons.

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7.22.020 DEFINITIONS.

(a) "Unruly gathering" means a gathering of three or more people where such persons are engaged in activities that constitute a violation of:

(1) Penal Code Section 407; or

(2) Penal Code Section 415(2); or

(3) Section 7.30.100(b) of this code.

(b) "Emergency response" means the dispatch of three or more police officers, fire personnel or other City emergency response providers in response to a call for service.

(c) "Alcohol" and "alcoholic beverage" include any form of ethyl alcohol, from whatever source by whatever process produced, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, wine or beer, and which contains one-half of one percent or more alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

(d) "Juvenile" means any person less than 18 years of age.

(e) "Minor" and "underage person" means any person less than 21 years of age.

(f) "Public safety services" or "response costs" means the direct costs associated with responses by law enforcement, fire and other City emergency response providers to unruly gatherings, including, but not limited to:

(1) The portion of the cost of salaries and benefits of any law enforcement, fire or other City emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with an unruly gathering, and the administrative costs attributable to such response;

(2) The cost of any medical treatment to or for any law enforcement, fire or other City emergency response personnel injured responding to, remaining at or leaving the scene of an unruly gathering; and

(3) The cost of the use of any City of San Mateo equipment or property, and the cost of repairing such equipment or property damaged, in responding to, remaining at or leaving the scene of an unruly gathering.

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7.22.025 NUISANCE DECLARED.

It is declared that unruly gatherings constitute a public nuisance as defined by Chapter 7.16. No person, firm, corporation, association, or other legal entity owning, leasing, renting, or occupying real property in the City shall create, cause, commit, maintain, or permit such a public nuisance to occur on such property.

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7.22.030 RESPONSE TO UNRULY GATHERINGS.

(a) First Response. Upon a report of an unruly or potentially unruly gathering, a duly authorized officer or employee of the City may respond to the incident and make a preliminary determination as to whether the incident constitutes or may constitute an unruly gathering. If the officer or employee determines that the incident constitutes or may constitute an unruly gathering, the officer or employee may issue a written warning to the person apparently in charge of the gathering that contains information in substantial conformance to the following:

(1) The conduct of the gathering constitutes or may constitute an unruly gathering under the Municipal Code or State law; and

(2) Unless the conduct of the gathering is adjusted, the continuance at the level or in the manner determined may result in the arrest or citation of persons participating in the gathering; and

(3) If an officer or employee responds to the gathering again in order to seek the abatement of the conduct or manner of the gathering, the full costs to the City of that response or any further response may be charged to the owner, tenant or occupant of the property on which the gathering is occurring, as well as to the person in charge of the property and the person who organized the gathering.

(b) Second and Further Responses. If, after a first notice has been given as provided above, a duly authorized officer or employee of the City responds to a gathering that is then an unruly gathering, the officer or employee may take such further abatement steps as the officer or employee believes reasonable to abate the unruly gathering as provided by State and City laws. The response costs of those abatement steps may be compiled and reported to the City Manager for hearing and assessment of the response costs against the property owner as provided in Chapter 7.42.

(c) The issuance of an entertainment permit under Chapter 5.43 of this code shall constitute the issuance of a written warning for the purposes of this section, if the permit states on its face that the permittee is warned that the permittee shall be responsible for the costs of any emergency response if such response is required to abate an unruly gathering at the location for which the entertainment permit was issued. Accordingly, if an entertainment permit contains the warning stated herein, the permittee shall be liable under the provisions of this chapter for the costs of responding to and abating an unruly gathering at a permitted establishment if the abatement requires an emergency response.

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7.22.040 JOINT AND SEVERAL LIABILITY OF PARTICIPANTS AND ORGANIZERS OF UNRULY GATHERING.

In addition to any other remedy under law, the City may bill the costs incurred in seeking abatement of the unruly gathering provided in Section 7.22.030(b) to each and every person who created, caused, committed, or maintained the unruly gathering. Evidence that a person was requested to leave such a gathering and refused or failed to do so shall be rebuttable proof that that person committed and maintained an unruly gathering. In establishing the costs and liability incurred as to persons who are not owners of the real property involved, the City shall provide a notice and hearing process before the City Council in substantial conformance to that provided to the owners of real property pursuant to Chapter 7.42.

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7.22.045 CUMULATIVE FIRST RESPONSES.

(a) Notwithstanding any other provision of this chapter and in addition to any other remedy provided in this chapter, the owner of any premises at which a first response to an unruly gathering is provided, shall be liable for the costs incurred in providing such first response if:

(1) The unruly gathering occurs at premises at which there have been two previous first responses to unruly gatherings; and

(2) The premises are owned by the same individual or legal entity at the time of the two previously provided first responses; and

(3) The owner was provided notice of the two previous first responses via personal delivery or U.S. mail.

(b) Notwithstanding any other provision of this chapter and in addition to any other remedy provided in this chapter, the tenant or occupant of any premises at which a first response to an unruly gathering is provided, shall be liable for the costs incurred in providing such first response if:

(1) The unruly gathering occurs at premises at which there have been two previous first responses to unruly gatherings; and

(2) The premises are occupied by the same individual or legal entity at the time of the two previously provided first responses; and

(3) The tenant or occupant was provided notice of the two previous first responses via personal delivery or U.S. mail.

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7.22.050 CIVIL OR CRIMINAL ACTIONS NOT AFFECTED.

Any abatement process undertaken pursuant to this title shall not prejudice or adversely affect any other action, civil or criminal, that may be brought to abate an unruly gathering or to seek compensation for damages suffered. A civil or criminal action may be brought concurrently with any other abatement process regarding the same unruly gathering.

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7.22.055 SOCIAL HOST LIABILITY.

(a) No person shall knowingly suffer, permit or host a gathering at his or her place of residence or other private property, place or premises or host a gathering at a public place under his or her control where two or more persons under the age of 21 are present, where the gathering is unruly as defined by SMMC 7.22.020(a), and alcoholic beverages are in the possession of, being consumed by, or served to any underage person.

(b) In addition to any other remedy for violation of subsection (a) of this section, any person who owns or has control of the premises where the gathering occurs, rents the premises where the gathering occurs, or organized the gathering shall be jointly and severally liable for response costs incurred when public safety services were utilized in responding to an unruly gathering where alcohol was served to, consumed by or in the possession of underage persons. No prior warning or notification shall be required before the assessment of the response costs. If a person who has control of the premises where the unruly gathering occurs or the person who organizes the gathering is a juvenile, the juvenile and the parents or guardians of the juvenile will be jointly and severally liable for the response costs incurred when public safety services were utilized in responding to an unruly gathering where alcohol was served to, consumed by or in the possession of underage persons.

(c) The response costs of those abatement steps may be compiled and reported to the City Manager for hearing and assessment against the property owner as provided in Chapter 7.42

(d) In addition to any other remedy under law, the City may bill the costs incurred in seeking abatement of an unruly gathering where alcohol was served to, consumed by or in the possession of underage persons, to any person who has control of the premises where the gathering occurs, rents the premises where the gathering occurs, or organized the gathering. In establishing the costs and liability incurred as to persons who are not owners of the real property involved, the City shall provide a notice and hearing process before the City Council in substantial conformance to that provided to the owners of real property pursuant to Chapter 7.42.

(e) No person may be prosecuted in any criminal or administrative proceeding for a violation of subsection (a) of this section, if the evidence of the violation was obtained as a result of the person seeking medical assistance for themselves or someone else. No person may be held liable for the cost of responding to an unruly gathering under subsection (b) of this section, if the evidence that the person was responsible for the unruly gathering was obtained as a result of the person seeking medical assistance for themselves or someone else.

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7.22.060 CONSTRUCTION.

No section of this chapter shall impose a mandatory duty on the City, or on any officer, official, agent, employee, board, council, or commission of the City. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section or not to enforce.

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7.22.070 SEVERABILITY.

In the event any section, clause or provision of this chapter shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

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Chapter 7.28 WATER WELLS

7.28.010 CONNECTION WITH WATER DISTRIBUTION SYSTEM OF PUBLIC UTILITY FORBIDDEN.

No person shall connect a private well, or pipes distributing water therefrom, whether located within or without a building, with pipes distributing water from a public utility.

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Chapter 7.30 NOISE REGULATIONS

7.30.010 INTENT AND PURPOSE.

The intent and purpose of the provisions of this chapter are to protect the inhabitants of the City against all forms of nuisances, public or private, not specifically prohibited by State laws, growing out of any action, activity, condition, circumstance, or situation existing or permitted to exist within the City and caused or produced by any person, animal, or mechanical or other contrivance, and which are injurious to health, or detrimental to the public safety, morals, or general welfare, or indecent, or offensive to the senses, or an obstruction to the free use of property to such an extent as to interfere with the comfortable enjoyment of life or property by the entire community or neighborhood, or by any considerable number of persons.

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7.30.020 DEFINITIONS.

(a) "Sound level," expressed in decibels (dB), means a logarithmic indication of the ratio between the acoustic energy present at a given location and the lowest amount of acoustic energy audible to sensitive human ears and weighted by frequency to account for characteristics of human hearing, as given in the American National Standards Institute Standard S1.1, "Acoustic Terminology," paragraph 2.9, or successor reference. All references to dB in this chapter utilize the A-level weighting scale.

(b) "Noise level" means the maximum sound level by a source or group of sources as measured with a precision sound level meter, conforming to the American National Standards Institute Standard S1.4-1983, for Type 1 meters (or successor reference), using the "A" weighted, slow sound pressure level scale, five feet above the ground.

(c) "Ambient" means the average sound level during a six-minute period as measured with a precision sound level meter, using slow response and "A" weighting. The sound level shall be determined with the noise source at issue silent and in the same location as the measurement of the noise level of the source or sources at issue. If for any reason the alleged offending noise source cannot be shut down, the ambient noise must be estimated by performing a measurement in the same general area of the source but at a sufficient distance that the noise from the source is at least 10 dB below the ambient so that only the ambient level is measured. If the difference between the ambient and the noise source is five to nine dB, then the level of the ambient itself can be determined by subtracting a one dB correction to account for the contribution of the source.

(d) "Vehicle" means any device by which any person or property may be propelled, moved or drawn upon a highway or street.

(e) "Property plane" means a vertical plane including the property line, which determines the property boundaries in space.

(f) "Emergencies" means essential activities necessary to restore, preserve, protect or save lives or properties from imminent danger or loss or harm.

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7.30.030 DESIGNATED NOISE ZONES.

The properties hereinafter described are hereby assigned the following noise zones:

Noise Zone 1. All property in any single family residential zone (including adjacent parks and open space) as designated on the City's zoning map prepared pursuant to the provisions of Title 27, or any revisions thereto.

Noise Zone 2. All property in any commercial/mixed residential, multi-family residential, specific plan district or PUD as designated on the City's zoning map prepared pursuant to the provisions of Title 27, or any revisions thereto.

Noise Zone 3. All property in any commercial or central business district as designated on the City's zoning map prepared pursuant to the provisions of Title 27, or any revisions thereto.

Noise Zone 4. All property in any manufacturing or industrial zone as designated on the City's zoning map prepared pursuant to the provisions of Title 27, or any revisions thereto.

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7.30.040 MAXIMUM PERMISSIBLE SOUND LEVELS.

(a) It is unlawful for any person to operate or cause to be operated any source of sound at any location within the City or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property to exceed:

(1) The noise level standard for that property as specified in Table 7.30.040 for a cumulative period of more than 30 minutes in any hour;

(2) The noise level standard plus five dB for a cumulative period of more than 15 minutes in any hour;

(3) The noise level standard plus 10 dB for a cumulative period of more than five minutes in any hour;

(4) The noise level standard plus 15 dB for a cumulative period of more than one minute in any hour; or

(5) The noise level standard or the maximum measured ambient level, plus 20 dB for any period of time.

(b) If the measured ambient level for any area is higher than the standard set in Table 7.30.040, then the ambient shall be the base noise level standard for purposes of subsection (a)(1) of this section. In such cases, the noise levels for purposes of subsections (a)(2) through (a)(5) of this section shall be increased in five dB increments above the ambient.

* Source: Adapted from "The Model Community Noise Control Ordinance," Office of Noise Control, California Department of Health.

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7.30.050 INTERIOR NOISE LIMITS.

It is unlawful for any person to operate or cause to be operated any source of sound, on multifamily residential property or multi-tenant commercial or industrial property at a noise level more than 10 dB above the level allowed by Section 7.30.040 three feet from any wall, floor or ceiling inside any unit on the same property when the windows and doors of the unit are closed, except within the unit in which the noise source or sources is located.

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7.30.060 SPECIAL PROVISIONS.

(a) Sound Performances and Special Events. Sound performances and special events not exceeding 80 dB measured at a distance of 50 feet from the loudest source are exempt from this chapter when approval therefor has been obtained from the appropriate governmental entity.

(b) Vehicle Horns. Vehicle horns, back-up warning devices, or other devices primarily intended to create a loud noise for warning purposes, shall be used only when the vehicle is in a situation where life, health or property are endangered or as required by law.

(c) Alarm System. An audible alarm system affixed to a motor vehicle shall be equipped with an automatic shutoff, which shuts off the alarm within a maximum of 15 minutes from the time of activation. Such alarm may not emit a sound similar to the sound emitted by sirens in use on emergency vehicles or to those used for civil defense purposes. For purposes of this section, any variable tone, as opposed to one steady pitch, shall be considered similar to the sound emitted by an emergency vehicle siren. The police department is authorized to abate the nuisance of an audible alarm system affixed to a motor vehicle, which sounds beyond 15 minutes by using any means necessary to disconnect the vehicle alarm. The expense of disconnecting the alarm shall be a lien against the motor vehicle and shall be the personal obligation of the owner thereof.

(d) Utilities and Emergencies. Utility and street repairs, street sweepers, garbage services, emergency response warning noises, emergency generators and fire alarm systems are exempt from this chapter.

(e) Construction. Construction, alteration, repair or land development activities which are authorized by a valid city permit shall be allowed on weekdays between the hours of seven a.m. and seven p.m., on Saturdays between the hours of nine a.m. and five p.m., and on Sundays and holidays between the hours of noon and four p.m., or at such other hours as may be authorized or restricted by the permit, if they meet at least one of the following noise limitations:

(1) No individual piece of equipment shall produce a noise level exceeding 90 dB at a distance of 25 feet. If the device is housed within a structure or trailer on the property, the measurement shall be made outside the structure at a distance as close to 25 feet from the equipment as possible.

(2) The noise level at any point outside of the property plane of the project shall not exceed 90 dB.

(3) The operation of leaf blowers shall additionally comply with Chapter 10.80, Operation of Leaf Blowers.

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7.30.070 EXCEPTION PERMITS.

If the applicant can show to the City Manager, or the manager's designee, that a diligent investigation of available noise abatement techniques indicates that immediate compliance with the requirements of this chapter would be impractical or unreasonable, a permit to allow exception from the provisions contained in this chapter may be issued, with appropriate conditions to minimize the public detriment caused by such exceptions. Any such permit shall be of as short duration as possible, but in no case for longer than six months. These permits are renewable upon a showing of good cause, and shall be conditioned by a schedule for compliance and details of compliance methods in appropriate cases.

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7.30.080 AMPLIFIED SOUND—REGULATIONS.

The commercial and noncommercial use of sound-amplifying equipment shall be subject to the following regulations:

(a) The only sounds permitted shall be either music or human speech, or both.

(b) The operation of sound-amplifying equipment shall only occur between the hours of seven a.m. and eleven p.m. on Monday through Saturday. The operation of sound-amplifying equipment on Sundays and legal holidays shall occur only between the hours of ten a.m. and eight p.m. The operation in parks shall comply with all applicable Recreation Department rules and regulations.

(c) Handheld amplified sound equipment shall not exceed 10 watts.

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7.30.090 ENTERTAINMENT SOUND—REGULATIONS.

(a) Sound emanating from locations approved for entertainment shall comply with the provisions of this chapter as well as Chapter 5.43, Entertainment Permits.

(b) Unruly Gatherings. It is unlawful to conduct or allow to be conducted any unruly gathering as defined in Chapter 7.22 of this code, or to maliciously and willfully generate loud and unreasonable noise, between the hours of eleven p.m. and seven a.m. Noise is "loud and unreasonable" for the purposes of this section, if it disturbs the peace, quiet, or repose of persons of ordinary and normal sensitivity in the neighborhood, regardless of the dB reading. Continuation of an activity prohibited by this section after notification by a peace officer that the activity is disturbing the peace, shall be prima facie evidence of malicious and willful intent.

(c) Bands. It is unlawful to maliciously and willfully conduct or allow to be conducted any party in any residential or multi-family residential zone which has present a band, orchestra, radio, or any other electronic sound reproduction and/or amplification device/system between the hours of eleven p.m. and seven a.m. which produces loud and unreasonable sound regardless of the dB reading in volume sufficient to disturb the peace, quiet, or repose of persons of ordinary and normal sensitivity in a neighborhood. Continuation of an activity prohibited by this section after notification by a peace officer that the activity is disturbing the peace, shall be prima facie evidence of malicious and willful intent.

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7.30.100 NUISANCES DECLARED.

(a) The operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this chapter, which operation or maintenance causes discomfort or annoyance to persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed and is declared to be a public nuisance and may be subject to abatement by restraining order or injunction issued by a court of competent jurisdiction. Any noise level exceeding the limits specified in this chapter shall be deemed to be prima facie evidence of a violation of the provisions of this chapter.

(b) The following acts are hereby expressly declared to be nuisances and any person maintaining or permitting such nuisances, or any of them, to be maintained or to exist in or on his or her premises, whether as owner, lessee, or otherwise, shall be punishable per Chapter 1.04 for each day during which such nuisance shall be permitted to be continued:

(1) Other Unlawful Noises. In addition to conduct which is unlawful pursuant to other subsections of this section, the willful making or continuation of, or causing the making or continuation of, any loud, unnecessary or unusual noise (other than constitutionally protected expressive activity) which disturbs the peace or quiet, or which causes discomfort or annoyance to a reasonable person of normal sensitiveness in an adjacent residence or business affected by the noise.

(2) Radios, Electronic and Amplification Devices. The playing, using, or operating, or permitting to be played, used, or operated between the hours of eleven p.m. and seven a.m. or other hours as may be specified by separate regulation in areas designated for parks use, of any radio, musical instrument, television set, or similar instrument, electronic, or amplification device for the production or reproduction of sound in volume sufficiently loud to disturb the peace, quiet, or repose of a person of ordinary and normal sensitiveness who is in the immediate vicinity of such machine or device.

(3) Engines, Motors, and Mechanical Devices in and Near Residential Districts. The operation between the hours of eleven p.m. and seven a.m. of any motor or engine or the use or operation of any automobile, motorcycle, machine, or mechanical device, or other contrivance or facility, unless such motor, engine, automobile, motorcycle, machine, or mechanical devise is enclosed within a sound-insulated structure so as to prevent noise and sounds from being plainly audible at a distance of 50 feet from such structure or within 10 feet of any residence; provided, however, any such vehicle which is operated upon any public highway, street, or right-of-way shall be excluded from the provisions of this subsection.

(4) Motor Vehicles. The racing of any motor vehicles or needlessly bringing to a sudden start or stop any motor vehicle, which act produces unreasonably loud engine noise or tire noise.

(5) Noises by Animals. The keeping or harboring of any animal which emits between the hours of eleven p.m. and seven a.m. any unreasonable sound or cry which disturbs or may disturb the peace and comfort or repose of a reasonable person of normal sensitiveness who resides in the neighborhood or area in which the such animal is located or kept.

(6) Pile Drivers, Hammers, and the Like. The operation between the hours of seven p.m. and seven a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, hoist, or other appliance, the use of which is attended by loud or unusual noise.

(7) Yelling, Shouting, and the Like. Yelling, shouting, hooting, whistling, or singing on the public streets or in a public place emits between the hours of eleven p.m. and seven a.m. or any time or place so as to annoy or disturb unreasonably the quiet, comfort, or repose of reasonable persons of normal sensitiveness who reside in any house or in any residence in the vicinity.

(8) Continuation of conduct prohibited by this section after notification by a peace officer that the activity is unlawful shall be prima facie evidence of malicious and willful intent.

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7.30.110 NO MANDATORY DUTY CREATED.

No section of this chapter shall impose a mandatory duty on the City, or on any officer, official, agent, employee, board, council, or commission of the City. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section or not to enforce it. A police officer, for example, shall have the discretion to quiet a nuisance without applying standards detailed in Sections 7.30.040 through 7.30.060.

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7.30.120 PENALTY FOR VIOLATION.

Any person violating a provision of this chapter or failing to comply with a mandatory requirement of this chapter is guilty and upon conviction; such person shall be punished as provided in Chapter 1.04 of this code. Each occurrence such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

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7.30.130 SEVERABILITY.

If any section, clause or provision of this chapter shall be determined to be invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

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Chapter 7.32 GARBAGE

Editor's Notes

For the statutory provisions regarding the authority of cities to contract for the collection and disposal of garbage see Cal. Gov. C.A. § 4250. For the provisions authorizing cities to acquire land within the county that the City is located in, for a dump site, see Cal. Gov. C.C. § 38790. However, if the land acquired is outside the corporate limits of the City the consent of the county board of supervisors must be obtained.

7.32.010 DEFINITIONS.

(a) "Recyclable material" means those materials that can be re-used, remanufactured, reconstituted, or recycled.

(b) "Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste and returning them to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace.

(c) "Refuse collector" means an agent or employee of the City or any person with whom the City shall have duly contracted.

(d) "Scavenging" means the unauthorized removal of recyclable materials that have been placed in a container and/or a location designated by the refuse collector.

(e) "Solid waste" means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.

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7.32.020 VEHICLE—COVER REQUIRED.

No person shall use any vehicle for the conveyance or removal of solid waste unless such vehicle is staunch, tight and closely covered with a wooden or metal cover so as wholly to prevent leakage or smell. No person shall use any vehicle for the conveyance or removal of solid waste unless such vehicle is provided with a cover securely fastened over the top thereof, and be so constructed as to prevent the deposit of such solid waste, or any portion thereof, in or upon the street through which such vehicle may be driven.

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7.32.030 VEHICLE—LICENSE REQUIRED.

No person shall maintain, run or otherwise operate any vehicle for the purpose of removing or collecting any solid waste of any character, or therewith to remove or collect the same, without first having obtained a license required therefor.

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7.32.040 VEHICLE—PERMIT REQUIRED.

No license shall be issued for the purposes mentioned in Section 7.32.030, unless the applicant therefor has first obtained a permit therefor from the Council, on recommendation of the health officer; and if any license has been inadvertently issued without the obtaining of any such permit, the same shall be null and void. In order to obtain a permit, the applicant shall first file with the City Council of City a written petition stating the name and residence of the applicant, describing the vehicle or vehicles to be used by the applicant for the purposes aforesaid, and stating whether or not the same is metal lined and what character of cover shall be maintained over the solid waste, or other material, to be carried therein. Any permit issued upon the application aforesaid shall be good only for the remainder of the fiscal year during which the same has been issued, and shall expire on the 30th day of June following the date of issue. The Council shall have discretion in regard to the granting, or refusal to grant, any such permit.

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7.32.050 TRANSPORTATION INTO CITY PROHIBITED.

No person shall bring solid waste into the City.

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7.32.060 DUMPING RESTRICTIONS.

No person shall dump or place any solid waste upon any lot, land or street, unless such lot, land or street has first been approved as a dumping ground by the Council. If the intended dumping ground is a street, it is necessary also to obtain the permission of the Superintendent of Streets.

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7.32.080 RUBBISH DUMPING PROHIBITED—EXCEPTION.

No person shall suffer, allow or permit to collect or remain upon, or to dump upon, any lot or premises any waste paper, feathers, straw, broken glass or crockery, or solid waste of any description in such a manner as to make a rubbish heap on such lot or premises without immediately removing or destroying the same; provided that this provision shall not be construed as interfering with building operations.

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7.32.100 REMOVAL FROM RESIDENTIAL PROPERTY.

The owner of residential property that is generating waste shall be responsible for the collection and removal of all solid waste and house solid waste from that property and shall be required to contract with the refuse collector(s) authorized by City for collection and removal. The City Council shall establish a minimum service level.

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7.32.110 REMOVAL FROM NON-RESIDENTIAL PROPERTY.

(a) The owner of non-residential property that is generating waste shall be responsible for the collection and removal of all solid waste and house solid waste from that property and shall be required to contract with the refuse collector(s) authorized by City for collection and removal. The City Council shall establish a minimum service level provided that the health officer may require greater service if deemed appropriate or necessary for health or safety reasons.

(b) Any user or owner or intended operator of any food establishment as defined in Section 113780 of the Health and Safety Code or flower shop, nursery or other business likely to result in the production of wet, vegetative or odor causing waste products, who applies for a building permit relating to the structure or improvement in which the business is located, shall comply with the requirements of Section 7.32.230. Such businesses shall be designated a "wet waste retail business."

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7.32.120 RECEPTACLE—WATERTIGHT REQUIRED.

Every person occupying premises in which any solid waste accumulates, shall place the same in a watertight receptacle, which receptacle shall be at all times located in such a place as to be readily accessible for removing or emptying the same, and shall be kept continuously closed by a close-fitting cover when solid waste is deposited therein or removed therefrom.

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7.32.130 RECEPTACLE—SANITARY REQUIRED.

Every person maintaining or using any solid waste can or receptacle shall keep the same clean and sanitary.

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7.32.140 DUTIES OF PERSON REMOVING SOLID WASTE.

Every person engaged in, or carrying on, the business of hauling or removing solid waste or waste material from any premises shall call there regularly, and remove therefrom as promptly as possible all solid waste placed in the can or receptacle for the same on the premises. All such solid waste or solid waste shall be removed in such a manner as not to be offensive or filthy in relation to any person, place, building, premises, street or highway.

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7.32.150 HOURS FOR REMOVAL.

No person shall remove any solid waste or similar solid waste except between the hour of 6:00 p.m. and the hour of 7:00 a.m. of the following morning.

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7.32.160 COLLECTION RATES.

Maximum rates for services to be charged by refuse collectors for the collection of solid waste shall be fixed from time to time by resolution of the City Council.

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7.32.165 SCAVENGING PROHIBITED.

No person other than an authorized refuse collector shall remove recyclable material which has been placed in a container provided by the authorized refuse collector.

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7.32.170 PERMIT REVOCATION.

Failure on the part of any person to observe any requirement of this chapter, or of any ordinance of the City, is sufficient to justify the revocation of any permit provided for in this chapter.

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7.32.180 SOLID WASTE CAN AND CLOTHESLINE LOCATION REQUIREMENTS.

Within residential districts nos. 1, 2, 3 and 4 in the City, as they are now, or may hereafter be described, no person shall use, locate or maintain any clothesline or clothes rack, or any solid waste can, container or receptacle nearer than 25 feet from any street line.

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7.32.200 DEPOSIT AT CITY DUMP PROHIBITED—ASH DEPOSIT RESTRICTIONS.

(a) No person shall transport to, or deposit at, the City dump, any solid waste as defined in Section 7.32.010 whether segregated or mixed with other material being deposited.

(b) No person shall transport to, or deposit ashes at, the City dump except at the location designated therefor by a sign. Ashes shall be completely separated from all other material transported to, or deposited at, the City dump.

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7.32.210 DUMPING PROHIBITED—EXCEPTION.

No person shall dump or place or permit to be dumped or placed, any such garden solid waste, lawn cutting, shrub and tree trimmings or like solid waste or other waste materials, except in the manner provided in the rules and regulations for the collection of garden solid waste, upon any lot, land or street within the City.

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7.32.220 DUMPING IN PUBLIC LITTER CANS—PROHIBITED.

It is unlawful for any owner, employee, or agent of a business or owner or tenant of property to dump, or cause to be dumped, solid waste that is generated from that business or property into, on top of, or adjacent to a public litter container.

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7.32.230 SOLID WASTE PLAN.

(a) At any time that application is made for a building permit relating to a wet waste retail business where an alteration, addition or repair will take place in an area or multiple areas exceeding 30% of the existing premises area, a plan for the containment, storage and collection of solid waste in accord with regulations created for such purpose shall be submitted with the application. The City Council may adopt regulations implementing this section by resolution. As used in this chapter, "premises area" includes the total gross square footage that is occupied by the wet waste retail business.

(b) In the case of property with multiple occupancies, the Solid Waste Plan required under subsection (a) above shall only be required for that tenant space for which the building permit was applied.

(c) If a solid waste plan is required under this section, no construction shall take place and no building permit shall issue without the prior approval of the solid waste plan by the Neighborhood Improvement and Housing Manager or designee.

(d) No construction commenced under a building permit issued after submission of an approved solid waste plan, as provided in this section, shall be given final inspection approval and/or an occupancy permit until the approved solid waste plan has been complied with and is fully operational.

(e) It is unlawful to fail to comply with the requirements of this section or the regulations adopted pursuant to this section. Failure to comply shall also constitute a public nuisance.

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Chapter 7.33 RECYCLING AND SALVAGING OF CONSTRUCTION AND DEMOLITION DEBRIS

7.33.010 TITLE.

This chapter shall be known as the "Construction and Demolition Debris Ordinance" and may be so cited.

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7.33.015 PURPOSE.

The purpose of this ordinance is to require that an applicant of a "covered project" recycle construction and demolition (C&D) debris resulting from that project at a minimum rate of 50 percent for alterations and 60 percent for other covered projects, and in so doing help the City 1) reduce landfill waste; 2) foster resource conservation; and 3) help the City meet and exceed a diversion rate of 50 percent, as required by the California Integrated Waste Management Act of 1989.

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7.33.020 DEFINITIONS.

For the purposes of this chapter, certain terms used herein are defined as set forth below:

"Alteration" means, for the purposes of the recycling and diversion requirements in this chapter, any change, addition, or modification in construction or occupancy of a building.

"Alternative Daily Cover (ADC)" means materials other than soil that have been approved by the California Integrated Waste Management Board for use as an overlay on an exposed landfill face.

"Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, industry, public or private corporation, property owner, contractor, architect or any other entity whatsoever who applies to the City for the applicable permits to undertake any construction, demolition, or renovation project within the City.

"Building" means, for the purposes of this chapter, any residential, commercial, industrial, or institutional structure, but does not include fences, gates or appurtenances located on a premise.

"Contractor" means any person or entity holding, or required to hold, a contractor's license of any type under the laws of the State of California, or who performs (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling, renovation, or landscaping service relating to buildings or accessory structures in San Mateo.

"Construction and Demolition (C&D) Debris" means and includes:

(a) Discarded materials generally considered to be not water soluble and non-hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard and lumber from the construction or demolition of a Structure or Hardscape Improvement as part of a construction or demolition project or from the renovation of a Structure, Hardscape Improvement, and/or landscaping, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project;

(b) Clean cardboard, paper, plastic, wood and metal scraps from any construction and/or landscape project; and

(c) Minimal amounts of other non-hazardous wastes that are generated at the construction or demolition projects provided such amounts are consistent with best management practices of the industry.

"Covered Project" means the construction of any completely new residential or commercial building, the demolition or removal of any residential or commercial building, or the alteration of any building when the value of such alteration meets or exceeds $50,000. This includes the building, as well as property features such as paving and ancillary improvements. Notwithstanding the above, the Director of Public Works may waive the requirements of this ordinance in total or in part when necessary to protect the public safety.

"Deconstruction" means the soft demolition of any facility, Structure, Hardscape Improvement or building through a planned dismantling and salvaging of reusable materials and parts.

"Demolition" means, for the purposes of the recycling and diversion requirements in this chapter, the intentional removal or partial removal of an existing building.

"Designated Recyclable and Reusable Materials" means that portion of C&D Debris that includes the following:

(a) Masonry building materials including all products generally used in construction including, but not limited to asphalt, concrete, rock, stone and brick;

(b) Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, contaminated or painted;

(c) Vegetative materials including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use;

(d) Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, doorframes and fences;

(e) Roofing materials including wood shingles as well as asphalt, stone and slate based roofing material;

(f) Salvageable materials and structures, including, but not limited to gypsum wallboard, doors, windows, mantelpieces, cabinets, lighting fixtures, toilets, sinks, bathtubs, appliances, decorative molding, flooring, carpeting, reusable hardware, bricks and decorative tiles in good repair; and

(g) Any other materials which the Director of Public Works or designee determines can be recycled or reused due to the identification of a recycling facility, reuse facility, or market accessible to San Mateo, including facilities which can further sort mixed C&D Debris through mechanical and/or manual processes in order to remove additional materials for reuse or recycling.

"Diversion" means any activity, including recycling, source reduction, reuse, deconstruction, or salvaging of materials, which causes materials to be diverted from disposal in landfills or incinerators and instead put to use as the same or different product. ADC shall not be considered a bona fide means of diversion for new construction or building demolition projects covered under this ordinance. ADC shall be allowed for alteration projects covered under this ordinance.

"Hardscape Improvements" means swimming pools, driveways, parking lots, walkways, patios and decks.

"Non-Recyclable/Non-Reusable Materials means that portion of C&D Debris for which there is no available facility within sixty (60) miles of the City of San Mateo boundaries for the return of these materials to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace.

"Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting discarded materials that meet the quality standards necessary to be reused, remanufactured or processed.

"Salvage" means the controlled removal of Designated Recyclable and Reusable Materials from C&D Debris, from a Covered Project, for the purpose of recycling, reuse, or storage for later recycling or reuse.

"Structure" means anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground.

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7.33.025 DECONSTRUCTION, SALVAGE, AND RECOVERY.

(a) Structures and/or Hardscape Improvements planned for demolition shall be made available for deconstruction, salvage and recovery prior to demolition.

(b) It shall be the responsibility of the owner, the general contractor and all subcontractors to recover the maximum feasible amount of salvageable materials prior to demolition. In the event the Applicant believes that no materials can be salvaged for reuse or recycling from a particular project, a written form must be completed and provided to the Public Works Department identifying the reasons why salvaging cannot take place. The Director of Public Works or designee will determine whether this requirement shall be waived in whole or in part.

(c) Recovered and salvaged material from the deconstruction phase materials, shall qualify in meeting the diversion requirements of this chapter.

(d) Recovered or salvaged materials may be given or sold on the premises, or may be removed to a reuse warehouse or other reuse facility for storage or sale.

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7.33.030 LANDFILL DIVERSION REQUIREMENTS.

(a) Notwithstanding Section 7.33.025(b) above, it is required that at least the following specified percentages of non-inert C&D Debris waste tonnage generated from every Covered Project shall be diverted from landfills by using recycling, reuse, salvage and other diversion programs. Inert materials such as soil, concrete and/or asphalt shall not count toward meeting the percentage diversion goals listed below, but are required to be recycled at the rate of 100%.

(1) Demolition Projects: Covered projects shall be required to divert sixty percent (60%) of all generated non-inert C&D waste tonnage.

(2) New Construction Projects: Covered projects shall be required to divert sixty percent (60%) of all generated non-inert C&D waste tonnage.

(3) Alteration Projects: Covered projects shall be required to divert at least fifty percent (50%) of all generated non-inert C&D tonnage.

(b) To ensure that a high percentage of recycled C & D material is reused, remanufactured or processed into viable products, use of the material as Alternative Daily Cover (ADC) shall not count towards reaching the required diversion percentages for demolition or new construction projects.

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7.33.040 EXCEPTIONS TO DIVERSION REQUIREMENTS.

It is not the intention of this chapter to require the recycling, reuse or diversion of materials not subject to those processes. The Director of Public Works or designee may grant the following exceptions to this chapter:

(a) An exception to the exclusion of ADC as a bona fide diversion method may be granted. If an exception is granted, any Designated Recyclable and Reusable Materials that are also present must be one hundred (100%) diverted from disposal in a landfill.

(b) In the event that more than forty percent (40%) of the waste tonnage is non-recyclable/non-reusable material, and a good faith effort has been made by the Applicant and the City prior to issuance of a permit to locate a material recycling/reuse facility has been unsuccessful, an exception to the requirements of this chapter may be granted, either in full or in part.

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7.33.050 INFORMATION REQUIREMENTS BEFORE ISSUANCE OF PERMIT.

Applicants for projects affected under this chapter shall accurately estimate the tonnage of C&D Debris to be generated from the project, and other information regarding plans or diverting materials generated by the project, on a form or forms provided by the City, and submit the form(s) to the Building Division, as a portion of the building or demolition permit process. Approval of complete and accurate form(s) shall be a condition precedent to issuance of any building or demolition permit.

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7.33.060 DEPOSIT REQUIRED.

As a condition precedent to issuance of any building or demolition permit that involves a Covered Project, the Applicant shall post a cash or check deposit. For projects involving the demolition of a residential or commercial building, or interior demolition of a commercial space, the deposit shall equal one dollar ($1.00) for each square foot, based on calculations provided and/or approved by the City. For commercial new construction or alteration projects covered by diversion requirements, the deposit shall be 3% of the cost of the project, not to exceed $30,000. For residential new construction or alteration projects, the deposit shall be 3% of the cost of the project, not to exceed $10,000. The minimum deposit for all projects shall not be less than one thousand dollars ($1,000.00). The deposit shall be returned, without interest, in total or pro rata, upon proof to the satisfaction of the Director of Public Works or designee, that no less than the required percentages or proven proportion of those percentages of the tons of debris generated by the demolition and/or construction project have been diverted from landfills and have been recycled or reused.

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7.33.070 ON-SITE PRACTICES.

(a) During the term of the demolition or construction project, the contractor shall recycle or divert the required percentages of materials, and keep records thereof in tonnage or in other measurements approved by the Director of Public Works or designee that can be converted to tonnage. The Director of Public Works or designee will evaluate and monitor each project to gauge the percentage of materials recycled, salvaged and/or reused from the project.

(b) To the maximum extent feasible, on-site separation of scrap wood and clean green waste in a designated debris box or boxes shall be arranged, in order to permit chipping and mulching for soil enhancement or land cover purposes. In order to protect chipping and grinding machinery, metal and other materials that cannot be chipped or ground shall not be placed in such boxes.

(c) To the maximum extent feasible on new construction, on-site separation shall be undertaken for gypsum wallboard, dimensional lumber and cardboard.

(d) To the maximum extent feasible on demolition and construction sites, Designated Recyclable and Reusable Materials shall be kept separate from Non-Recyclable/Non-Reusable Materials.

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7.33.080 REPORTING.

(a) Within sixty (60) days following the completion of work, the contractor shall submit documentation to the Public Works Department that complies with the requirements of this chapter.

(b) For a final inspection shall be required prior to determination of final compliance status and processing a request for return of deposit.

(c) The documentation shall describe diversion activities and showing actual tonnage data for diverted and disposed materials, supported by originals or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors and/or landfill and disposal companies. Receipts and weight tags will be used to verify whether materials generated from the site have been or are to be recycled, reused, or salvaged.

(d) Any deposit posted pursuant to the requirements of this chapter shall be forfeited if the permittee does not furnish required documentation within 60 days of date of final inspection.

(e) On an annual basis, the Director of Public Works or designee, with assistance from the Building Division shall compile a report that, at minimum, describes the number and type of permits issued, the number and type of projects covered by diversion requirements, the total tonnage generated and the estimated diversion resulting from these projects.

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7.33.090 RESPONSIBLE PARTY.

Every Applicant, general contractor, subcontractor and/or owner of property on which a Covered Project occurs shall be responsible for compliance with the provisions of this chapter.

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Chapter 7.35 Mandatory Organic Waste Disposal

7.35.010 Title

This Chapter shall be known as the "Mandatory Organic Waste Disposal Reduction" ordinance and may be so cited and commonly referred to in this Chapter as the "Ordinance."

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7.35.020 Purpose and Findings

The City finds and declares:

(a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their Jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

(b) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial Recycling program.

(c) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to implement a Mandatory Commercial Organics Recycling program.

(d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.

(e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption.

(f) Requirements in this Chapter are consistent with other adopted goals and policies of the City.

(g) Even if the City delegates responsibility for enforcement to another public entity, the City remains ultimately responsible for compliance of this ordinance as required in 14 CCR Section 18981.2(c).

(h) Additionally, the City will implement Recovered Organic Waste Product procurement and Recycled-Content Paper procurement programs in furtherance of these goals.

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7.35.030 Definitions

(a) For the purposes of this chapter, the following definitions and those contained in 14 CCR Section 18982 shall apply. Wherever a conflict exists between this Chapter and the definitions in the CCR, the definitions in the CCR shall prevail.

(b) "Blue Container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste.

(c) "Black Container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Black Container Waste.

(d) "Black Container Waste" means Solid Waste that is collected in a Black Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste or Source Separated Recyclables in the Black Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

(e) "CalRecycle" means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others).

(f) "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

(g) "City" means the City of San Mateo.

(h) "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance.

(i) "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this ordinance. For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).

(j) "Compliance Review" means a review of records by the City, County, SBWMA, or the City's designated entity to determine compliance with this ordinance.

(k) "Community Composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

(l) "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that "Compost" means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.

(m) "Container Contamination" or "Contaminated Container" means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

(n) "County" means the County of San Mateo.

(o) "C&D" means construction and demolition debris.

(p) "Designated Source Separated Organic Waste Facility", as defined in 14 CCR Section 18982(14.5), means a Solid Waste facility that accepts a Source Separated Organic Waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the following:

(1) The facility is a "transfer/processor," as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average Source Separated organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.5(f) for Organic Waste received from the Source Separated Organic Waste collection stream.

(A) If a transfer/processor has an annual average Source Separated organic content Recovery rate lower than the rate required in Paragraph 1 of this definition for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "Designated Source Separated Organic Waste Facility".

(2) The facility is a "composting operation" or "composting facility" as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is Organic Waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5. The definition of composting operation includes in-vessel digestion as regulated in 14 CCR Section 17896.

(A) If the percent of the material removed for landfill disposal that is Organic Waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "Designated Source Separated Organic Waste Facility." For the purposes of this ordinance, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).

(q) "Designee" means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities within this ordinance as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.

(r) "Designee for Edible Food Recovery" means the County of San Mateo's Office of Sustainability with which the City has a Memorandum of Understanding for the purposes of Edible Food Recovery including, but not limited to, inspection, investigation, and enforcement of the Edible Food Recovery provisions of this ordinance. Contact information for the Designee for Edible Food Recovery can be found on the County of San Mateo's Office of Sustainability website.

(s) "Edible Food" means food intended for and fit for human consumption and collected or received from a Tier One or Tier Two Commercial Edible Food Generator. For the purposes of this ordinance "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.

(t) "Edible Food Recovery" means actions to collect, receive, and/or re-distribute Edible Food for human consumption from Tier One and Tier Two Commercial Edible Food Generators that otherwise would be disposed.

(u) "Enforcement Action" means an action of the City or County of San Mateo's Office of Sustainability to address non-compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

(v) "Excluded Waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances. Excluded wastes also includes construction materials, dirt, rock and concrete, electronic waste and batteries, fluorescent lights, hazardous waste, liquids and grease, medicines and sharps and treated wood. These include material that facility collectors and operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City, or its Designee's reasonable opinion, would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include household batteries placed in a sealed clear plastic bag placed on top of the black can, or any other universal wastes if such materials are defined as allowable materials for collection through the City's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the City or its Designee for collection services.

(w) "Food Distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores.

(x) "Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code.

(y) "Food Recovery" means actions to collect, receive and or re-distribute edible food for human consumption from Tier One and Tier Two Commercial Edible Food Generators, that otherwise would be disposed.

(z) "Food Recovery Organization" means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

(1) A food bank as defined in Section 113783 of the Health and Safety Code;

(2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,

(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.

(aa) "Food Recovery Service" means a person or entity that collects and transports Edible Food from a Tier One or Tier Two Commercial Edible Food Generator to a Food Recovery Organization or other entities for Edible Food Recovery. A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

(bb) "Food Scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.

(cc) "Food Service Provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.

(dd) "Food-Soiled Paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons and should be placed in the green compost container with food scraps.

(ee) "Food Waste" means Food Scraps, Food-Soiled Paper, and bio-plastics labeled "BPI Certified Compostable".

(ff) "Green Container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.

(gg) "Greenhouse gas (GHG)" means carbon dioxide (CO2), methane (CH4), nitrous oxide (N20), sulfur hexafluoride (SF6), hydrofluorocarbons (HFC), perfluorocarbons (PFC) and other fluorinated greenhouse gases.

(hh) "Greenhouse gas emission reduction" or "greenhouse gas reduction" means a calculated decrease in greenhouse gas emissions relative to a project baseline over a specified period of time, resulting from actions designed to achieve such a decrease.

(ii) "Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

(jj) "High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the "Mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

(kk) "Inspection" means a site visit where the City or its designee, reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35). "Inspection" for the purposes of Edible Food Recovery, means actions to review contracts and other records related to the recovery of edible food and may occur off-site via email and other forms of electronic communication, as well as the on-site review of an entity's records and collection, handling and other procedures for the recovery of edible food to determine if the entity is complying with the requirements of this ordinance.

(ll) "Jurisdiction" is the entity responsible for ensuring solid waste, recycling and organics service is provided in accordance with SB 1383 guidelines. Jurisdiction may mean City, County, SBWMA, or other designee who is/are partially or wholly responsible for enforcing the ordinance

(mm) "Jurisdiction Enforcement Official" means the city manager, city public works director, county administrative official, chief operating officer, executive director, or other executive in charge or their authorized Designee(s) who is/are partially or wholly responsible for enforcing the ordinance. See also "Designee for Edible Food Recovery."

(nn) "Large Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance.

(oo) "Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance.

(pp) "Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

(qq) "Mixed Waste Organic Collection Stream" or "Mixed Waste" means Organic Waste collected in a black container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in 14 CCR Section 17402(a)(11.5). This definition is only applicable to select commercial and MF customers provided with a two container collection system. Three container collection system customers will use the black container waste definition instead.

(rr) "Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. Under the SB 1383 Regulations and in this Ordinance, Multi-Family Residential Dwellings with five (5) or more units are included under the definition of a Commercial Business per 14 CCR Section 18982(a)(6).

(ss) "Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

(tt) "Non-Local Entity" means the following entities that are not subject to the Jurisdiction's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):

(1) Special district(s);

(2) Federal facilities, including military installations;

(3) Facilities operated by the State park system;

(4) Public universities (including community colleges);

(5) County fairgrounds; and

(6) State agencies.

(uu) "Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

(vv) "Notice of Violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

(ww) "Organic Waste" means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

(xx) "Organic Waste Generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

(yy) "Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

(zz) "Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

(aaa) "Prohibited Container Contaminants"

(1) For those generators provided with a three container collection system (blue, green and black): "Prohibited Container Contaminants" means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Jurisdiction's Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Jurisdiction's Green Container; (iii) discarded materials placed in the Black Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes that belong in Jurisdiction's Green or Blue Container and (iv) Excluded Waste placed in any container.

(2) For those (limited commercial and MF) generators provided with two-container (blue/black) collection service for Source Separated Recyclable Materials and mixed materials): "Prohibited Container Contaminants" means the following: (i) discarded materials placed in a Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Blue Container; (ii) discarded materials placed in the Black Container that are identified as acceptable Source Separated Recyclable Materials, which are to be separately collected in the Blue Container; and, (iii) Excluded Waste placed in any container.

(bbb) "Recovered Organic Waste Products" means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

(ccc) "Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

(ddd) "Recycled-Content Paper" means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

(eee) "Regional Agency" means the South Bayside Waste Management Authority (SBWMA) as a regional agency as defined in Public Resources Code Section 40181.

(fff) "Remote Monitoring" means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Black Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.

(ggg) "Renewable Gas" means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

(hhh) "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

(iii) "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

(jjj) "SB 1383 Eligible Mulch" means mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4):

(1) Produced at one of the following facilities:

(A) A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10).

(B) A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or,

(C) A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.

(2) Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852(a)(24.5)(A)1 through 3, as enforced with this ordinance.

(kkk) "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

(lll) "SBWMA" means the South Bayside Waste Management Authority, a regional agency, as defined in Public Resources Section 40181, serving its member agencies on recycling and waste issues.

(mmm) "Self-Hauler" means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). "Self-Hauler" for the purposes of Edible food recovery, means a commercial edible food generator who holds a contract with and hauls edible food to a Food Recovery Organization or other site for redistribution according to the requirements of this ordinance.

(nnn) "Single-Family" means of, from, or pertaining to any residential premises with fewer than five (5) units.

(ooo) "Solid Waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:

(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.

(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).

(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.

(ppp) "Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Black container Waste or other Solid Waste for the purposes of collection and processing.

(qqq) "Source Separated Blue Container Organic Waste" means Source Separated Organic Wastes that can be placed in a Blue Container including clean paper and cardboard.

(rrr) "Source Separated Green Container Organic Waste" means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles. Acceptable materials include food scraps, food soiled paper, plants and bio-plastics labeled BPI Certified Compostable.

(sss) "Source Separated Recyclable Materials" means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste and includes clean paper and cardboard, glass bottles, cans and plastic bottles, tubs and containers.

(ttt) "State" means the State of California.

(uuu) "Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

(vvv) "Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following:

(1) Supermarket.

(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.

(3) Food Service Provider.

(4) Food Distributor.

(5) Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance.

(www) "Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following:

(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

(2) Hotel with an on-site Food Facility and 200 or more rooms.

(3) Health facility with an on-site Food Facility and 100 or more beds.

(4) Large Venue.

(5) Large Event.

(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

(7) A Local Education Agency facility with an on-site Food Facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.

(xxx) "Wholesale Food Vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

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7.35.040 Requirements for Single-Family Generators

Single-Family Organic Waste Generators shall comply with the following requirements. In addition to these requirements, Single-Family generators may also self-haul pursuant to the Self-Hauler requirements in Section 7.35.100 of this Chapter.

(a) Shall subscribe to the City's authorized Organic Waste collection services for all Organic Waste generated as described in this Section. The City, or its Designee, shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single-Family generators shall adjust its service level for its collection services as requested by the City, or its Designee. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

(b) Shall participate in the City's authorized three container Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers.

(c) Shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Blue Container Organic Waste and Recyclable Materials in the Blue Container; and Black Container Waste in the Black Container. Generators shall not place materials designated for the Black Container into the Green Container or Blue Container.

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7.35.050 Requirements for Commercial Businesses

Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:

(a) Subscribe to the City's authorized three container collection services and comply with requirements of those services as described below in Section 7.35.050(b). In addition to these requirements, Commercial Businesses may also self-haul provided they meet the Self-Hauler requirements in Section 7.35.100 of this ordinance. The City, or its Designee, shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collection services as requested by the City, or its Designee, or as otherwise required.

(b) Participate in the City's Organic Waste collection service(s) by placing designated materials in designated containers as described below. Commercial businesses may also self-haul as a supplement to required collection services provided that they meet the self-hauler requirements in Section 7.35.100 of this ordinance.

(1) Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Blue Container Organic Waste and Source Separated Recyclable Materials in the Blue Container; and Black Container Waste in the Black Container. Generator shall not place materials designated for the Black Container into the Green Container or Blue Container.

(2) Generators that are offered two container service shall place only Source Separated Blue Container Organic Waste and Source Separated Recyclable Materials in a Blue Container and all other materials (mixed waste) in a Black Container. Two container service will be limited to a specified number of commercial and MF generators on an invitation only basis, based on waste quantities and type, and availability of new organics to energy processing system.

(c) Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 5(d)(1) and 5(d)(2) below) for employees, contractors, tenants, and customers, consistent with the City's authorized Blue Container, Green Container, and Black Container collection service or, if self-hauling, per the Commercial Businesses' instructions to support its compliance with its self-haul program, as a supplement, in accordance with Chapter 7.35.100.

(d) Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

(1) A body or lid that conforms with the container colors provided through the collection service provided by the City's authorized refuse collector, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

(e) Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement in Section 7.35.050(d) pursuant to 14 CCR Section 18984.9(b).

(f) To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City's authorized Blue Container, Green Container, and Black Container collection service or, if self-hauling, per the Commercial Businesses' instructions to support its compliance with its self-haul program, in accordance with Section 7.35.100.

(g) Excluding Multi-Family Residential Dwellings, at a minimum, annually inspect Blue Containers, Green Containers, and Black Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

(h) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.

(i) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Black Container Waste (when applicable) and the location of containers and the rules governing their use at each property.

(j) Provide or arrange access for the City, its agent, or its Designee to their properties during all Inspections conducted in accordance with Section 7.35.120 to confirm compliance with the requirements of this Chapter.

(k) Accommodate and cooperate with the City's or its Designee's Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, which may be implemented at a later date, to evaluate generator's compliance with Section 7.35.050(b). Should a remote monitoring program be required by the City, it shall involve installation of Remote Monitoring equipment on or in the Blue Containers, Green Containers, and Black Containers.

(l) At Commercial Business's option and subject to any approval required from the City or its Designee, implement a Remote Monitoring program for Inspection of the contents of its Blue Containers, Green Containers, and Black Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants. Generators may install Remote Monitoring devices on or in the Blue Containers, Green Containers, and Black Containers subject to written notification to or approval by the City or its Designee.

(m) If a Commercial Business wants to perform supplemental self hauling, meet the Self-Hauler requirements in Chapter 7.35.100.

(n) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

(o) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Edible Food Recovery requirements, pursuant to the Edible Food Recovery provisions of this Chapter.

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7.35.060 Waivers for Generators

(a) De Minimis Waivers: The City, or its Designee, may waive a Commercial Business' obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in subsection (a)(2) below. Commercial Businesses requesting a de minimis waiver shall:

(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted below in (2) (A) or (B).

(2) Provide documentation that either:

(A) The Commercial Business' total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in the Green Container comprises less than 20 gallons per week per applicable container of the business' total waste; or,

(B) The Commercial Business' total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in the Green Container comprises less than 10 gallons per week per applicable container of the business' total waste.

(3) Notify the City, and its Designee, if circumstances change such that Commercial Business's Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.

(4) Provide written verification of eligibility for de minimis waiver every 5 years, if the City or its Designee has approved de minimis waiver.

(b) Physical Space Waivers. The City or its Designee may waive a Commercial Business' or property owner's obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the City or its Designee has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 7.35.050.

A Commercial Business or property owner may request a physical space waiver through the following process:

(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

(2) Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from knowledgeable professional(s) such as an authorized hauler, licensed architect, or licensed engineer.

(3) Provide written verification to the City or its Designee that it is still eligible for physical space waiver every five years, if the City or its Designee has approved application for a physical space waiver.

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7.35.070 Requirements for Tier-One and Tier-Two Commercial Edible Food Generators

(a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

(b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Chapter commencing January 1, 2024.

(c) Tier One and Tier Two Commercial Edible Food Generators shall comply with the following requirements.

(1) Recover the maximum amount of Edible Food that would otherwise be disposed.

(2) Use the CalRecycle Model Food Recovery Agreement or the contractual elements contained in the Requirements for Food Recovery Organizations and Food Recovery Services section of this Ordinance to contract with, or otherwise enter into a written agreement with Food Recovery Organizations or Food Recovery Services for the following:

(A) The collection of Edible Food for Edible Food Recovery from the Tier One or Tier Two Commercial Edible Food Generator's premises; or

(B) The acceptance of Edible Food that the Tier One or Tier Two Commercial Edible Food Generator self-hauls to the Food Recovery Organization.

(3) Contract with Food Recovery Organizations and Food Recovery Services able to demonstrate a positive reduction in greenhouse gas emissions from their Edible Food Recovery activity. A list of Food Recovery Organizations and Food Recovery Services is available on the County of San Mateo Office of Sustainability website.

(4) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

(5) Allow the City's enforcement entity or their Designee for Edible Food Recovery to access the premises and inspect procedures and review records related to Edible Food Recovery and/or provide them electronically if requested by the City or the Designee for Edible Food Recovery.

(6) Keep records that include the following information:

(A) A list of each Food Recovery Organization or a Food Recovery Service that collects or receives Edible Food from the Tier One or Tier Two Commercial Edible Food Generator pursuant to a contract or written agreement as required by this Ordinance.

(B) A copy of all contracts or written agreements established under the provisions of this Ordinance.

(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:

(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.

(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.

(iii) The established schedule or frequency that food will be collected or self-hauled.

(iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.

(D) Or any other information required by the City or its Designee.

(7) No later than June 30th of each year commencing no later than July 1, 2022 for Tier One Commercial Edible Food Generators and July 1, 2024 for Tier Two Commercial Edible Food Generators, they shall provide an annual Edible Food Recovery report to the Designee for Edible Food Recovery that includes, but is not limited to, the following information: a list of all contracts with Food Recovery Organizations and Food Recovery Services, the amount and type of Edible Food donated to Food Recovery Organizations and Food Recovery Services, the schedule of Edible Food pickup by Food Recovery Organizations and Food Recovery Services, a list of all types of Edible Food categories they generate, such as "baked goods," that are not accepted by the Food Recovery Organizations and Food Recovery Services with whom they contract, the contact information for the manager and all staff responsible for Edible Food Recovery, and certification that all staff responsible for Edible Food Recovery have obtained a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe. With the exception of the food safety and handling training certification, Tier One and Tier Two Commercial Edible Food Generators may coordinate with their Edible Food Recovery contractors to supply this information. The Designee for Edible Food Recovery will assist in the preparation of these reports by providing guidance and a template located on the County of San Mateo Office of Sustainability website.

(8) Mandate their Edible Food Recovery staff learn and follow the donation guidelines and attend trainings conducted by Food Recovery Organizations or Food Recovery Services with which they contract regarding best practices and requirements for the timely identification, selection, preparation, and storage of Edible Food to ensure the maximum amount of Edible Food is recovered and to avoid supplying food for collection that is moldy, has been improperly stored, or is otherwise unfit for human consumption.

(9) Tier One and Tier Two Commercial Edible Food Generators who self-haul Edible Food shall require those transporting Edible Food for recovery to obtain a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe and follow the best practices and standards for proper temperature control, methods, and procedures for the safe handling and transport of food.

(d) Nothing in this Ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

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7.35.080 Requirements for Food Recovery Organizations and Services

(a) Food Recovery Services operating in the City and collecting or receiving Edible Food directly from Tier One and/or Tier Two Commercial Edible Food Generators via a contract or written agreement established under the requirements of this Ordinance, shall maintain the following records:

(1) The name, address, and contact information for each Tier One and Tier Two Commercial Edible Food Generator from which the service collects Edible Food.

(2) The quantity in pounds of Edible Food by type collected from each Tier One and Tier Two Commercial Edible Food Generator per month.

(3) The quantity in pounds of Edible Food by type transported to each Food Recovery Organization or redistribution site per month.

(4) The name, address, and contact information for each Food Recovery Organization or redistribution site that the Food Recovery Service transports Edible Food to for Edible Food Recovery.

(5) Or any other information required by the City, its Designee, or other agency responsible for compliance with this Chapter.

(b) Food Recovery Organizations operating in the City and collecting or receiving Edible Food directly from Tier One and/or Tier Two Commercial Edible Food Generators via a contract or written agreement established under the requirements of this Ordinance, or receiving Edible Food from Food Recovery Services or from other Food Recovery Organizations, shall maintain the following records:

(1) The name, address, and contact information for each Tier One and Tier Two Commercial Edible Food Generator, Food Recovery Service, or other Food Recovery Organization from which the organization collects or receives Edible Food.

(2) The quantity in pounds of Edible Food by type collected or received from each Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Service, or other Food Recovery Organization per month.

(3) The name, address, and contact information for other Food Recovery Organizations or redistribution sites that the Food Recovery Organization transports Edible Food to for Edible Food Recovery.

(4) Or any other information required by the City, its Designee, or other agency responsible for compliance with this Chapter.

(c) Food Recovery Organizations and Food Recovery Services operating in the City shall inform Tier One and Tier Two Commercial Edible Food Generators from which they collect or receive Edible Food about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established as required by this Ordinance.

(d) Commencing no later than July 1, 2022, Food Recovery Organizations and Food Recovery Services operating in the City and collecting or receiving Edible Food from Tier One and Tier Two Commercial Edible Food Generators or any other source shall report to the Designee for Edible Food Recovery the following: a detailed Edible Food activity report of the information collected as required under this Ordinance, including weight in pounds by type and source of Edible Food, the schedule/frequency of pickups/drop-offs of Edible Food from/to each Edible Food source or redistribution site, brief analysis of any necessary process improvements or additional infrastructure needed to support Edible Food Recovery efforts, such as training, staffing, refrigeration, vehicles, etc., and an up to date list of Tier One and Tier Two Commercial Edible Food Generators with whom they have contracts or agreements established as required under this Ordinance. The Designee for Edible Food Recovery will assist in the preparation of these reports by providing guidance and a template located on the County of San Mateo Office of Sustainability website. This Edible Food activity report shall be submitted quarterly, or at the discretion of the Designee for Edible Food Recovery, less frequently, and shall cover the activity that occurred since the period of the last submission.

(e) Food Recovery Organizations and Food Recovery Services operating in the City shall contact the Designee for Edible Food Recovery to discuss the requirements of this Ordinance before establishing new contracts or agreements with Tier One or Tier Two Commercial Edible Food Generators and in order to maintain existing contracts or agreements for the recovery of Edible Food with Tier One and Tier Two Commercial Edible Food Generators.

(f) In order to provide the required records to the State, the City, or the Designee for Edible Food Recovery, and Tier One or Tier Two Commercial Edible Food Generators, contracts between Food Recovery Organizations and Food Recovery Services operating in the City and Tier One and Tier Two Commercial Edible Food Generators shall either:

(1) Use the Model Food Recovery Agreement developed by the State of California's Department of Resources Recycling and Recovery (CalRecycle,) and include a clause requiring the Food Recovery Organization or Food Recovery Service to report to the Tier One and Tier Two Commercial Edible Food Generators with whom they have contracts the annual amount of Edible Food recovered and to inform them of the tax benefits available to those who donate Edible Food to non-profits

(2) Or include in their contracts the following elements:

(A) List/description of allowable foods the Food Recovery Organization/Food Recovery Service will receive.

(B) List/description of foods not accepted by the Food Recovery Organization/Food Recovery Service.

(C) Conditions for refusal of food.

(D) Food safety requirements, training, and protocols.

(E) Transportation and storage requirements and training.

(F) A protocol for informing the Tier One or Tier Two Commercial Edible Food Generators of a missed or delayed pickup.

(G) Notice that donation dumping is prohibited.

(H) Provisions to collect sufficient information to meet the record-keeping requirements of this Ordinance.

(I) Fees/financial contributions/acknowledgement of terms for the pickup and redistribution of Edible Food.

(J) Terms and conditions consistent with the CalRecycle Model Food Recovery Agreement.

(K) Information supplying the Tier One or Tier Two Commercial Edible Food Generators with the annual amount of Edible Food recovered and informing them of the tax benefits that may be available to those who donate Edible Food to non-profits.

(L) Contact name, address, phone number, and email for both responsible parties, including the current on-site staff responsible for Edible Food Recovery.

(M) Food Recovery Organizations accepting self-hauling of Edible Food from Tier One and Tier Two Commercial Edible Food Generators must provide a schedule, including days of the week and acceptable times for drop-offs, and information about any limitation on the amount of food accepted, and/or the packaging requirements or other conditions of transport, such as, but not limited to, maintaining proper temperature control, and other requirements for the safe handling and transport of food, the self-hauler must follow for the Edible Food to be accepted.

(g) Food Recovery Organizations and Food Recovery Services operating in the City shall demonstrate that all persons, including volunteers and contracted workers using their own vehicle, involved in the handling or transport of Edible Food, have obtained a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe.

(h) Food Recovery Organizations and Food Recovery Services operating in the City shall use the appropriate temperature control equipment and methods and maintain the required temperatures for the safe handling of Edible Food recovered from Tier One and Tier Two Commercial Edible Food Generators for the duration of the transportation of the Edible Food for redistribution, including Edible Food transported by private vehicles.

(i) In order to ensure recovered Edible Food is eaten and to prevent donation dumping, Food Recovery Organizations and Food Recovery Services operating in the City shall provide documentation that all redistribution sites which are not themselves Food Recovery Organizations to which they deliver Edible Food have a feeding or redistribution program in place to distribute, within a reasonable time, all the Edible Food they receive. Such documentation may include a website address which explains the program or pamphlets/brochures prepared by the redistribution site.

(j) Food Recovery Organizations and Food Recovery Services operating in the City unable to demonstrate a positive reduction in GHG emissions for their Edible Food Recovery operational model cannot contract with Tier One and Tier Two Commercial Edible Food Generators in the City for the purpose of recovering Edible Food as defined in this Ordinance. Food Recovery Organizations and Food Recovery Services contracting to recover Edible Food from a Tier One and Tier Two Commercial Edible Food Generator for redistribution shall consult with the City's Designee for Edible Food Recovery to document that their overall operational model will achieve a greenhouse gas emissions reduction. Such review may analyze route review, miles traveled for pick-up and redistribution, amount of food rescued, and the likelihood of consumption after redistribution.

(k) Food Recovery Organizations and Food Recovery Services operating in the City shall visually inspect all Edible Food recovered or received from a Tier One and Tier Two Commercial Edible Food Generator. If significant spoilage is found, or if the food is otherwise found to be unfit for redistribution for human consumption, Food Recovery Organizations and Food Recovery Services shall immediately notify the Designee for Edible Food Recovery using the process found on the County of San Mateo Office of Sustainability's website. The notice shall include:

(1) The type and amount, in pounds, of spoiled food or food unfit for redistribution for human consumption, or provide a photographic record of the food, or both.

(2) The date and time such food was identified.

(3) The name, address and contact information for the Tier One or Tier Two Commercial Edible Food Generator which provided the food.

(4) The date and time the food was picked up or received.

(5) A brief explanation of why the food was rejected or refused.

(l) Contracts between Tier One or Tier Two Commercial Edible Food Generators and Food Recovery Organizations or Food Recovery Services shall not include any language prohibiting Tier One or Tier Two Commercial Edible Food Generators from contracting or holding agreements with multiple Food Recovery Organizations or Food Recovery Services listed on the County of San Mateo Office of Sustainability website.

(m) Food Recovery Organizations and Food Recovery Services operating in the City shall conduct trainings and develop educational material such as donation guidelines and handouts to provide instruction and direction to Tier One and Tier Two Commercial Edible Food Generators with whom they contract regarding best practices and requirements for the timely identification, selection, preparation, and storage of Edible Food to ensure the maximum amount of Edible Food is recovered and to avoid the collection of food that is moldy, has been improperly stored, or is otherwise unfit for human consumption.

(n) Edible Food Recovery Capacity Planning

(1) Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other such studies, Food Recovery Services and Food Recovery Organizations operating in the Jurisdiction shall provide information and consultation to the Jurisdiction and its Designee for Edible Food Recovery upon request, regarding existing, or proposed new or expanded, Edible Food Recovery capacity that could be accessed by the Jurisdiction and its Tier One and Tier Two Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City or its Designee for Edible Food Recovery shall respond to such requests for information within 60 days.

(o) Allow the City's enforcement entity or their Designee for Edible Food Recovery to access the premises and inspect procedures and review records related to Edible Food Recovery and/or provide them electronically if requested by the City or its Designee for Edible Food Recovery.

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7.35.090 Requirements for Haulers and Facility Operators

(a) Requirements for Haulers

(1) Exclusive Franchised hauler and other appropriately licensed and permitted haulers providing residential, Commercial, or industrial Organic Waste collection services to generators within the City's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste:

(A) Through written notice to the City annually on or before January 31, identify, for customers with three container collection, the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials and Source Separated Green Container Organic Wastes and black container waste.

Through written notice to the City annually on or before January 31, identify, for customers with two container collection system, the facilities to which they will transport Source Separated Recyclable Materials and black container waste.

(B) For customers with three container collection, transport Source Separated Blue Container Waste to a facility that recovers those materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

For customers with two container collection, transport Source Separated Blue Container Waste to a facility that recovers those materials and black container waste to a high diversion organic waste processing facility.

(C) Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section 11 of this ordinance, and the City's C&D ordinance and/or regulations.

(2) Franchised hauler and any permitted or licensed hauler with authorization to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with Jurisdiction.

(b) Requirements for Facility Operators and Community Composting Operation

(1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon request from the City or its Designee, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City or its Designee shall respond within 60 days.

(2) Community Composting operators, upon request from the City or its Designee, shall provide information to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City or its Designee shall respond within 60 days.

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7.35.100 Self-Hauler Requirements

(a) Pursuant to Chapter 7.32, owner(s) of residential or non-residential property generating waste shall be responsible for the collection and removal of all solid waste from that property and shall be required to contract with the refuse collector(s) authorized by City for collection and removal. Owner(s), in addition to a contract with City-authorized refuse collectors, may self-haul in compliance with this Chapter.

(b) Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that the City or its Designee otherwise requires generators to separate for collection in the City's organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.

(c) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.

(d) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City or its Designee. The records shall include the following information:

(1) Delivery receipts and weight tickets from the entity accepting the waste.

(2) The amount of material in cubic yards or tons transported by the generator to each entity.

(3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.

(e) Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in Section 7.35.100(c) to the City or its Designee upon request.

(f) A residential Organic Waste Generator that self hauls Organic Waste is not required to record or report information in Sections 7.35.100(c) and (d).

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7.35.110 Compliance with CALGreen Recycling Requirements

(a) Persons applying for a permit from the City for new construction and building additions and alternations shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more stringent then the requirements of this Section, the CALGreen requirements shall apply. Project applicants shall refer to Chapter 23.70 for complete CALGreen requirements.

(b) For projects covered by CALGreen, the applicants must, as a condition of the City's permit approval, comply with the following:

(1) Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container, Green Container and black container materials, consistent with the City's authorized three container collection program, or comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(2) New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container and Green Container materials, consistent with the City's authorized three container collection program , or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(3) Comply with all applicable CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with Chapter 7.33 and all written and published City policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

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7.35.120 Inspections and Investigations

(a) City representatives and/or its designated entity, including the Designee for Edible Food Recovery 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 Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Tier One and Tier Two Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.

(b) Inspections and investigations shall not include entry into the interior of a private residential property for Inspection.

(c) For the purposes of inspecting Commercial Business containers for compliance with Section 7.35.050(b) of this Chapter, the City or its Designee may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to Section 7.35.050(k) of this ordinance if Remote Monitoring is required by the City or its Designee.

(d) Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Tier One and Tier Two Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City or its designated entity or Designee for Edible Food Recovery 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 ordinance described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of Remote Monitoring equipment as determined appropriate by the City or its Designee ; or (iii) access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described.

(e) Any records obtained by the City or its Designee for Edible Food Recovery during its Inspections, Remote Monitoring, 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.

(f) City representatives, its designated entity, and/or Designee for Edible Food Recovery are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.

(g) The City and Designee for Edible Food shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

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7.35.130 Enforcement

(a) Violation of any provision of this Chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the Jurisdiction Enforcement Official, Designee for Edible Food Recovery, or representative. Enforcement Actions under this ordinance are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance.

(b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The City or its Designee for Edible Food Recovery may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City or its Designee for Edible Food Recovery may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of the City's or Designee for Edible Food Recovery's staff and resources.

(c) Responsible Entity for Enforcement

(1) Enforcement pursuant to this ordinance may be undertaken by the Jurisdiction Enforcement Official, which may be the city manager, city attorney, or their designee, or combination thereof, or Designee for Edible Food Recovery.

(A) Jurisdiction Enforcement Official(s) and Designee for Edible Food Recovery (for Edible Food Recovery provisions) will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met.

(B) Jurisdiction Enforcement Official(s) and Designee for Edible Food Recovery (for Edible Food Recovery provisions) may issue Notices of Violation(s).

(d) Process for Enforcement

(1) Jurisdiction Enforcement Officials or Designee for Edible Food Recovery and/or their Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program (that may include Remote Monitoring). Section 7.35.120 establishes Jurisdiction's and Designee for Edible Food Recovery's right to conduct Inspections and investigations.

(2) The City or its Designee for Edible Food Recovery may issue an official notification to notify regulated entities of its obligations under the ordinance.

(3) For incidences of Prohibited Container Contaminants found in containers, the City or its Designee will issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants or within 30 days after determining that a violation has occurred. If the City or its Designee observes Prohibited Container Contaminants in a generator's containers on more than two (2) consecutive occasion(s), the City or its Designee may assess contamination processing fees or contamination penalties on the generator provided by law.

The City or its Designee for Edible Food Recovery will issue a Notice of Violation to any Tier One or Tier Two Commercial Edible Food Generator found to have Edible Food in any waste container or to any Food Recovery Organization or Food Recovery Service found to have Edible Food recovered from a Tier One or Tier Two Edible Food Generator in a waste collection container which has not been documented by a notice of significant spoilage as required in this Ordinance. Such notice will be provided by email communication immediately upon identification of the violation or within three (3) calendar days after determining that a violation has occurred. If the City or its Designee for Edible Food Recovery observes Edible Food in a Tier One or Tier Two Commercial Edible Food Generator, or Food Recovery Organization, or Food Recovery Service waste container on more than two (2) consecutive occasion(s), the City or its Designee for Edible Food Recovery may assess an administrative citation and fine, pursuant to the Edible Food Recovery penalties provisions contained in this Ordinance, on the Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, or Food Recovery Service.

(4) With the exception of violations of generator contamination of container contents addressed under Section 7.35.130(d)(3), the City or its Designee for Edible Food Recovery shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.

(5) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the City or its Designee for Edible Food Recovery (for the Edible Food Recovery provisions) may commence an action to impose penalties via an administrative citation and fine, pursuant to its Administrative citation and fine procedures.

For the purposes of Edible Food Recovery, the Designee for Edible Food Recovery may commence an action to impose penalties, via an administrative citation and fine, pursuant to the Edible Food Recovery penalties provisions contained in this Ordinance and/or Title 1 of the San Mateo Municipal Code.

Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information

(e) Penalty Amounts for Types of Violations

The penalty levels for violations unrelated to the Edible Food Recovery requirement are as follows:

(1) For a first violation, the amount of the base penalty shall be $100 per violation.

(2) For a second violation, the amount of the base penalty shall be $200 per violation.

(3) For a third or subsequent violation, the amount of the base penalty shall be $500 per violation.

(f) Compliance Deadline Extension Considerations

The City or its Designee for Edible Food Recovery may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 7.35.130 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

(2) Delays in obtaining discretionary permits or other government agency approvals; or,

(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

(g) Appeals Process

Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with the City or its Designee for Edible Food Recovery's procedures in the City's or its Designee for Edible Food Recovery's codes for appeals of administrative citations. Evidence may be presented at the hearing. The City or its Designee for Edible Food Recovery will appoint a hearing officer who shall conduct the hearing and issue a final written order.

(h) Education Period for Non-Compliance

Beginning January 1, 2022 and through December 31, 2023, the City or its Designee for Edible Food Recovery (for edible food generator and food recovery organization and service requirements) may conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if the City or its Designee for Edible Food Recovery determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials and/or, for the purposes of Edible Food Recovery, training to the entity describing its obligations under this ordinance and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

(i) Civil Penalties for Non-Compliance

Beginning January 1, 2024, if the City or its Designee for Edible Food Recovery (Designee for Edible Food determination only for Tier 1 and Tier 2 Commercial Edible food generator and food recovery organization and service requirements) determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to Section 7.35.130, as needed.

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7.35.140 Effective Date

This Chapter shall be effective commencing on January 1, 2022.

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Chapter 7.38 SANITARY SEWER USE

7.38.010 TITLE.

This chapter shall be known as the "City of San Mateo Sanitary Sewer Use Ordinance" and may be so cited.

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7.38.020 PURPOSE.

(a) This chapter sets forth uniform requirements for users of the wastewater collection, treatment, and disposal facilities operated and administered by the City of San Mateo (City) and Estero Municipal Improvement District (District), and enables the City to comply with all applicable Federal and State laws, including the Clean Water Act (33 United States Code 1251 et seq.), the General Pretreatment Regulations (Code of Federal Regulations (CFR) Title 40 Part 403), and waste discharge requirements of the California Regional Water Quality Control Board for the San Francisco Bay Region.

(b) The specific purpose of this chapter is to prevent the discharge of any pollutant into the sanitary sewer system, which would: (1) obstruct or damage the collection system; (2) interfere with, inhibit or disrupt wastewater treatment processes or operations, or limit sludge reuse or disposal options; (3) pass through the treatment system and contribute to violations of the regulatory requirements placed upon the City of San Mateo Wastewater Treatment Plant (WWTP); or (4) result in or threaten harm to human health or the environment. It is the intent of the City to update and modify this chapter as needed to continue to provide an industrial waste pretreatment program that is approved by Federal and State regulatory agencies.

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7.38.030 DEFINITIONS.

The following words and phrases used in this chapter shall be as defined herein. Words, terms and phrases used in this chapter not defined shall be as defined, interpreted or used in the Pretreatment Regulations. Terminology for analytical testing shall be that contained in "Guidelines Establishing Test Procedures for the Analysis of Pollutants," published in Title 40 CFR, Part 136.

"Authorized enforcement official" means the City Manager or designee that are authorized to enforce the provisions of this chapter.

"Authorized representative of the user" means:

(1) A principal executive officer of at least the level of vice president, if the user is a corporation;

(2) A general partner or proprietor if the user is a partnership or proprietorship, respectively;

(3) If the user is a Federal, State, or local governmental facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility; or

(4) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the discharge originates, or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Director.

"Backwater protection" means a backwater valve, ejector or pump system, or relief valve or a combination of two or more of these devices that is approved by the building official and intended to prevent sewage from backflowing into a structure.

"Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to "waters of the United States." BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

"City" means City of San Mateo.

"Composite sample" means a sequential collection of equal volume grab samples obtained from a single source of specified time intervals and combined in a single container. A composite sample may also be collected in increments with individual sample volumes determined in proportion to measured flow at the time of each sampling, or samples taken at given individual flow increments.

"Director" means the City of San Mateo Director of Public Works or designee.

"District" means Estero Municipal Improvement District.

"Domestic waste" means the liquid and waterborne wastes derived from ordinary living processes, free from industrial wastes and of such character as to permit satisfactory disposal, without special treatment, into the sanitary sewer system.

"Drainage unit fixture" means a drainage unit fixture as defined in the Uniform Plumbing Code.

"Food service facility" means a commercial, industrial, or institutional establishment that uses or generates grease when preparing food. Any such facility that has a cook-top or baking oven on the premises shall be subject to pretreatment requirements for food service facilities.

"Grab sample" means a sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

"Grease" means fats, oils, waxes, and other constituents. Grease may be of vegetable or animal origin, including butter, lard, margarine, vegetable fats and oils, and fats in meats, cereals, seeds, nuts and certain fruits. Grease may also be of mineral origin, including kerosene, lubricating oil, and road oil. Grease in the wastewater collection system is generally present as, but need not be, a floatable solid, a liquid, a colloid, an emulsion, or a solution.

"Hazardous material" or "hazardous waste" or "hazardous substance" means any material, substance, or waste so designated by statutes of the State of California or the United States government.

"Industrial waste" means the gaseous, liquid, and solid waste from any production, manufacturing or processing operation of whatever nature from commercial, industrial, or institutional operations, including the washing of vehicles, machines, and equipment.

"Interceptor" means a receptacle designed and constructed to intercept, separate, and prevent the passage of prohibited substances into the sanitary sewer system.

"Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the sanitary sewer system, wastewater treatment system processes or operations, or sludge processes, use or disposal, and therefore, causes a violation of the POTW's National Pollutant Discharge Elimination System (NPDES) permit or prevents sewage sludge use or disposal in compliance with any of the following statutory or regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA); any State regulations contained in any State sludge management plan prepared pursuant to SWDA Subtitle D; the Clean Air Act (CAA); the Toxic Substances Control Act (TSCA); and the Marine Protection, Research and Sanctuaries Act.

"New source" means any building, structure, facility, or installation from which there is, or may be, a discharge of pollutants, the construction of which commenced after the effective date of this chapter, or after publication of proposed pretreatment standards under Section 307(c) of the Clean Water Act which will be applicable to such source if such standards are promulgated, provided certain location and construction criteria are met.

"Nuisance" means anything that meets all of the following requirements:

(1) Is injurious to human health or the environment, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life and property;

(2) Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal;

(3) Occurs during or as a result of the treatment or disposal of wastes.

"Pass through" means a discharge through the POTW into the waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of the NPDES permit.

"Person" means any individual, partnership, firm, association, or public agency.

"Point of discharge" means the point or points designated as such in a waste discharge permit. Where no designation is made it shall mean the point where the private sewer joins the public sewer.

"Pollutant" means dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharge into water.

"Pollution" means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

"Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the sanitary sewer system. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except as prohibited by 40 CFR Section 403.6(d).

"Pretreatment requirements" means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

"Pretreatment standard" or "National pretreatment standard" means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Clean Water Act (33 U.S.C. 1317) which apply to industrial users. Such standards include specific prohibitions, categorical pretreatment standards, and local prohibitive discharge limits as defined in 40 CFR 403-471 and its amendments.

"Pretreatment system" means a device or devices, process or processes, and/or procedures designed to pretreat industrial wastes prior to discharge to the sanitary sewer system.

"Priority organic toxic pollutant" means any pollutant or combination of pollutants that contain(s) carbon in its molecular structure and is listed in 40 CFR 401.15 and its amendments.

"Prohibited discharges" means industrial wastes containing characteristics which are in noncompliance with the general and specific prohibited discharge standards stated in the Pretreatment Regulations and this chapter.

"Publicly owned treatment works" or "POTW." A treatment works as defined by Section 212 of the Clean Water Act (33 U.S.C. 1292), which, in this instance, is the City of San Mateo Wastewater Treatment Plant, and all publicly owned devices or systems used in the conveyance, storage, treatment, reclamation, and disposal of wastewater.

"Sewage" or "wastewater" means water carried domestic and/or industrial wastes from residences and commercial, industrial, and institutional establishments, together with such groundwater, surface water, and stormwater as may enter the sanitary sewer system.

"Sewer" or "sanitary sewer" means sewers, lift stations, and other appurtenances designed for conveyance of sewage, and further defined as follows:

(1) "Building sewer" means a sewer conveying wastewater from the premises of a user to a public sewer;

(2) "Public sewer" means a sewer that is controlled by the City, District or other public agency;

(3) "Sanitary sewer" means a sewer designed for conveyance of domestic, commercial and industrial waste and which are not intended for conveyance of stormwater, surface water or groundwater.

(4) "Sewer lateral" means a privately owned sewer service line conveying the wastewater of a discharge from a residence, building or other structure to a public sewer, including direct connections where permitted.

"Significant industrial user" means: (1) a categorical industrial user, as defined in the Federal Pretreatment Regulations; (2) discharges an average of 25,000 gallons per day (gpd) or more of process wastewater; (3) contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the WWTP; or (4) is designated as such by the Director on the basis that the user has a reasonable potential to adversely affect the operation of the WWTP or agency sanitary sewer systems or to violate any pretreatment standard or requirement.

"Significant noncompliance" for the purpose of complying with public participation provisions in the Federal Pretreatment Regulations and this chapter, means:

(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement;

(2) Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, multiplied by the applicable TRC (TRC = 1.4 for BOD, TS, fats, oil, and grease, and 1.2 for all other pollutants except pH).

(3) Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Director determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of agency personnel or the general public);

(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the exercise of the Director's emergency authority as provided in this chapter;

(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a waste discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(6) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(7) Failure to accurately report non-compliance;

(8) Any other violation or group of violations, that the Director determines will adversely affect the operation or implementation of the pretreatment program.

"Slug discharge" means a batch discharge or other discharge of limited duration at a flow rate or pollutant concentration that could cause a violation of the prohibited discharge standards specified in this chapter.

"Storm drain" or "storm drain system" means the system of pipes and channels used to collect and convey stormwater.

"Stormwater" means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation.

"Toxic pollutant" means any pollutant or combination of pollutants listed as toxic in regulations promulgated under provisions of Clean Water Act, and published in 40 CFR 401.15 and its amendments.

"Trucked or hauled waste" means any waste which is transported or otherwise moved from the original point of generation. Such wastes may include, but are not limited to, trucked grease interceptor pumpage; pumpage from chemical toilets, recreational vehicles, or septic tanks; purge water from polluted site monitoring wells; and industrial process wastes.

"User" or "industrial user" means any person who discharges, causes, or permits the discharge of industrial or domestic waste into a sanitary sewer, or has potential to discharge an industrial or domestic waste from its premises.

"Wastewater" or "sewage" means water carried domestic and/or industrial wastes from residences and commercial, industrial, and institutional establishments, together with such groundwater, surface water, and stormwater as may enter the sanitary sewer system.

"Wastewater treatment plant," or "WWTP," means the City of San Mateo Wastewater Treatment Plant.

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7.38.040 RESPONSIBILITY FOR ADMINISTRATION.

The City of San Mateo Director of Public Works, referred to hereinafter as the "Director," shall be responsible for the administration and enforcement of the provisions of this chapter, for conducting industrial waste pretreatment and pollution prevention programs, and for promulgating such orders, rules and regulations as are necessary to accomplish the purpose of this article in accordance with the requirements that are or may be promulgated by the U.S. Environmental Protection Agency (U.S.E.P.A.), the State of California Water Resources Control Board, the State Department of Health Services, the California Regional Water Quality Control Board for the San Francisco Bay Region, or other duly authorized boards or agencies.

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7.38.050 CONSTRUCTION AND APPLICATION.

This chapter is designed and intended to be no less stringent than the U.S.E.P.A. "General Pretreatment Regulations for Existing and New Sources of Pollution" published in 40 CFR Part 403, as applicable, and as such regulations may be amended from time to time (hereinafter the "Pretreatment Regulations"). In the event of any apparent conflicts between the requirements established in this chapter and the Federal Pretreatment Regulations, the more stringent requirement shall apply.

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7.38.060 FEES AND CHARGES.

(a) The City may adopt reasonable fees and charges to recover costs of carrying out the provisions of this chapter, including, but not limited to, fees and charges for waste discharge permit applications and permits, monitoring and inspection, pollutant loading, hydraulic loading, compliance actions, filing of appeals, special uses, and other charges deemed necessary to carry out the requirements herein. Said fees shall relate solely to the matters covered by this chapter and are separate from all other fees, charges, fines, and penalties which may be levied by the City.

(b) All such fees and charges shall be adopted by resolution or other means as approved by the City, as applicable. The Director shall be responsible for collection of said fees and charges.

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7.38.065 Wastewater Capacity Charge

A wastewater capacity charge is imposed on all new development to recover a proportionate share of costs for existing and future wastewater system facilities and assets from new or expanded connections to City wastewater systems. The applicable wastewater capacity charge is determined by use, wastewater flow, and wastewater strength loadings and the amount shall be established by City Council resolution.

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7.38.070 SEVERABILITY AND VALIDITY.

If any portion of this chapter is declared invalid, the remaining portions of this chapter shall remain valid.

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7.38.080 APPROVAL OF PLANS FOR SEWER CONSTRUCTION.

No person, other than employees of the City or District, or persons contracted to do work for the City or District, shall construct or cause to be constructed, or alter or cause to be altered, any building sewer, sanitary sewer, public sewer, side sewer, or other facility where the existing or proposed facilities will discharge directly or indirectly into the sanitary sewer without first obtaining approval of sewerage construction plans from the City or District.

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7.38.090 NEW SOURCES.

(a) New sources of industrial waste discharge shall be in full compliance with the provisions of this chapter at the time of commencement of discharge.

(b) The owner of every newly constructed, remodeled, or converted commercial industrial facility shall comply with the following requirements upon commencement of discharge. These requirements shall apply to remodeled or converted facilities to the extent that the portion of the facility being remodeled or converted is related to the subject of the requirement.

(1) Industrial waste shall be separated from domestic waste by means of separate plumbing prior to a point determined acceptable for location of industrial waste pretreatment and/or monitoring equipment.

(2) One or more outside manholes, access boxes, cleanouts, junction chambers, flow metering devices or other sampling and measuring points shall be installed which will allow separate inspection, sampling and flow measurement of industrial waste discharges. Access points shall be so located that they are safe and accessible for inspection at any reasonable time during which the discharge is occurring. Sampling locations where there is a possibility of an overflow reaching the storm drain shall be sealed, have secondary containment, or provide other protection as approved by the Director.

(3) Pretreatment systems shall be installed as needed to comply with all applicable federal and local pretreatment standards and requirements.

(4) Interior (indoor) floor drains may not be placed in areas where hazardous materials, hazardous substances, industrial wastes, industrial process water, lubricating fluids, or vehicle fluids are used or stored, unless secondary containment is provided for all such materials and equipment. The Director may allow an exception to this requirement when a drain is connected to a pretreatment system approved by the Director, or, if in an industrial equipment area, the equipment does not contain hazardous waste.

(5) Exterior (outdoor) drains may be connected to the sanitary sewer only if the area in which the drain is located is covered or protected from rainwater run-on by berms and/or grading, and appropriate wastewater pretreatment is provided. Any loading dock area or other outdoor work area with a sewer drain shall be constructed and operated so as to prevent entry of rainwater to the sewer.

(6) Interior drains shall always be connected to the sanitary sewer, except where the purpose of the drain is to collect groundwater for discharge to the storm drainage system.

(7) Cooling tower blowdown and boiler blowdown shall discharge to the sanitary sewer system only and shall not discharge to the storm drain system.

(8) Condensate lines shall be connected or drain to the sanitary sewer system.

(9) Compressed air system condensate drains and similar sources of potential oily waste shall discharge only to the sanitary sewer and through a device to remove the oily waste prior to discharge.

(10) Drains shall not be installed in secondary containment areas where hazardous materials or hazardous wastes are used or stored.

(11) Swimming pool discharge drains shall not be connected directly to the sanitary sewer system or to the storm drain system. When draining is necessary, a hose or other temporary system shall be directed to a sanitary sewer cleanout. A sewer cleanout shall be installed in a readily accessible area.

(12) Facilities shall dispose of all wastewater to the sanitary sewer, including, but not limited to, wastewater generated from floor cleaning, equipment washing, waste storage area cleaning, and similar sources. Food service facilities shall have a sink or other area for cleaning floor mats, containers, and equipment, which is connected to a pretreatment system and the sanitary sewer. The sink or cleaning area shall be large enough to clean the largest mat or piece of equipment to be cleaned.

(13) Elevator sumps shall not be connected to the sanitary sewer system or to the storm drain system.

(14) Parking garage floors drains on interior levels shall be connected to the sanitary sewer system.

Detailed plans describing such facilities and their upkeep shall be submitted to the Director for review and shall be approved before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to assure the discharge maintains compliance with this chapter.

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7.38.095 BACKWATER PROTECTION.

(a) A building sewer serving fixture(s) which have flood level rim(s) less than 12 inches above the elevation of the next upstream manhole and/or flushing inlet cover at the public sewer system serving such drainage piping shall be protected from backflow of sewage.

(b) Protection from backflow shall be by means of a backwater valve approved by the building official supplemented by an approved sewer relief valve installed with its outlet at least six inches below the flood level rim of the lowest installed drainage unit fixture. Fixtures above that elevation shall not discharge through the backwater valve without prior written approval of the building official. As an alternative, the system may be protected by installation of an approved sewage ejector or pump.

(c) A property owner shall ensure that backwater protection is installed and fully operable in the building sewer or sewers serving the property owner's real property whenever an inadequate height differential situation exists on the property.

(d) Whenever any drainage fixture unit is to be added to real property, the property owner shall obtain and file with the building official at the time of application for a building permit for the fixture unit a written certification by a licensed professional determining whether an inadequate height differential situation exists on the real property. If such a situation exists, the property owner shall provide the backwater protection described in this section, or permanently remove the drainage unit fixture or fixtures that have an inadequate height differential before completion of installation of the additional drainage unit fixture.

(e) Instead of providing certification pursuant to subsection (d) as applicable, a property owner may file a certification from a licensed professional demonstrating that backwater protection as approved by the building official has been installed on the property's sewage drainage system and is fully operable. This certification is subject to inspection confirmation by the City.

(f) The property owner is responsible for ensuring that backwater protection is properly maintained and functioning at all times. Backwater protection is subject to inspection by the City at any reasonable time, and failure to properly install and maintain this protection may result in suspension of sewer service.

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7.38.100 PRETREATMENT OF INDUSTRIAL WASTE.

(a) An industrial waste pretreatment system may be required to treat industrial flows prior to discharge to the sewer when it is necessary to restrict or prevent the discharge to the sewer of certain waste constituents, to distribute more equally over a longer time period any peak discharges of industrial wastewaters or to accomplish any pretreatment result required by the City. All pretreatment systems or devices shall be approved by the City but such approval shall not absolve the user of the responsibility of meeting any industrial effluent limitation required by the City, County, State, or Federal government. All pretreatment systems judged by the Director to require engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed in the State.

(b) A gravity separation interceptor, equalizing tank neutralization chamber and control manhole will be required respectively to remove prohibited settleable and floatable solids, to equalize wastewater streams varying greatly in quantity and/or quality, to neutralize low or high pH flows and to facilitate inspection, flow measurement and sampling. Floor drains from commercial or manufacturing buildings, warehouses, multi-use structures, areas where any waste requiring pretreatment is involved shall not discharge directly into the sewer, but shall first discharge to a gravity separation interceptor.

(c) Food service facilities shall have a pretreatment system for grease removal designed to serve all drains that may discharge grease into the sewer, including floor drains. Such system(s) shall be located outside of the building. Only where available space on private property renders outdoor placement infeasible shall interior installation of hydromechanical grease interceptors be approved.

(d) Facilities that conduct steam cleaning of engines, chassis, and other oily parts; and facilities that conduct radiator flushing shall install closed-loop water recycling and reuse systems, and shall not discharge waste from these operations to the sewer system.

(e) Photo-process waste shall be discharged through an electrolytic recovery unit followed by two ion exchange cartridges in series and pH neutralization block, or equivalent.

(f) Dental Clinics. Dental clinics and other facilities that generate dental amalgam wastes shall have devices for capture of amalgam on equipment that might carry amalgam waste to the sanitary sewer system.

(g) The Director may establish minimum pretreatment system requirements not specifically referred to in this section. Such requirements shall be based upon commonly used and properly maintained pretreatment technologies for a given waste.

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7.38.110 GENERAL DISCHARGE PROHIBITIONS.

No person shall discharge wastewater into the sanitary sewer system having characteristics that by themselves or by interaction with other wastes may:

(a) Interfere with, inhibit, damage or disrupt any wastewater conveyance or treatment process, sludge treatment process, or plant operation, including inflation of operating costs, and sludge reuse and disposal costs;

(b) Pass through the WWTP into receiving waters or sludge in such manner to cause NPDES permit violations or any other regulatory requirement;

(c) Endanger the health and safety of the general public or City and District personnel who may be affected by wastewater, sludge, and confined atmospheres in the course of their work;

(d) Prevent, hinder, delay, or impede compliance with WWTP effluent limitations established by regulatory agencies, or exceed the same.

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7.38.120 SPECIFIC DISCHARGE PROHIBITIONS.

(a) Categorical Pretreatment Standards. The categorical pretreatment standards provided in the pretreatment regulations shall apply to all applicable sources. Nothing in this chapter shall be construed as allowing less stringent limitations.

(b) Local Limits. Local limits for toxic pollutants shall be developed by the Director to protect the POTW from interference, pass-through, and the other general discharge prohibitions.

(c) Explosives. No solids, liquids, or gases shall be discharged which by themselves or by interaction with other substances may cause a fire or explosion hazard including, but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees F (60 degrees C). Neither shall any substance be discharged which causes two (2) readings on an explosion hazard meter of more than five percent of the lower explosive limit, or any single reading over 10% of the lower explosive limit.

(d) Corrosives. Discharges with a pH of less than 5.0 or more than 10.5, or other discharges which may cause corrosive structural damage to the sanitary sewer system, are prohibited.

(e) Solids or Viscous Materials. No solid or viscous materials shall be discharged in amounts which will cause or contribute to obstruction of flow in the sanitary sewer system. Such materials include, but are not limited to, sand, glass, metal chips, bone, plastics, sludge, mud, straw, wood, bags, rags, grease from commercial kitchen operations, and particulate matter which cannot pass through a one-half inch screen.

(f) Incompatible Substances. No person shall discharge pollutants, including oxygen-demanding pollutants (BOD, etc.), at a flow rate and/or pollutant concentration that, either singly or by interaction with other pollutants, will cause interference with wastewater treatment processes.

(g) Heat. No waste shall be discharged in amounts that will inhibit POTW treatment processes resulting in interference; including heat in such quantities that the temperature at the POTW exceeds 40 degrees C (140 degrees F).

(h) Oil and Grease. Oil and grease shall not be discharged into the sewer system if average concentration of floatable oil and grease exceeds 20 mg/L, defined as that which is subject to gravity separation at a temperature of 20 degrees C and at pH 4.5; nor shall the total oil and grease concentration exceed 200 mg/L. In addition, the discharge of petroleum oil, non-biodegradable cutting oil, or products of mineral origin in amounts that will cause interfere and pass-through, are prohibited.

(i) Hazardous, Noxious or Malodorous Substances. No industrial waste shall be discharged which alone or in combination with other wastes may create a public nuisance, a hazard, make human entry into the sewers unsafe, or which constitutes a discharge of hazardous substances as defined by Title 22, Part II of the California Code of Regulations; or statutes of the United States government. Dissolved sulfides shall not be discharged in concentrations exceeding 0.1 mg/liter.

(j) Trucked or Hauled Wastes. Discharge of trucked or hauled waste is prohibited, except as expressly authorized in a waste discharge permit. The permit shall specify the exact point of discharge of the waste.

(k) Toxicity. No person shall discharge wastewater containing in excess of the following limitations at point of discharge. All concentrations are for "total," not "dissolved":

(l) Color. Discharge of wastewater which imparts color which cannot be removed by the wastewater treatment processes, such as, but not limited to, dye wastes and vegetable tanning solutions, is prohibited.

(m) Radiologic Substances. Discharge of any radioactive wastes into the sewer system shall conform to the California Radiation Control Regulations Title 17, California Code of Regulations, Chapter 5, Subchapter 4, and its amendments.

(n) Foaming Agents. Detergents, surfactants, or other substances that may cause excessive foaming in the sewer system are prohibited.

(o) Unpolluted Water. Unpolluted water shall not be discharged through direct or indirect connection to the sanitary sewer system without authorization of the Director. As used in this section, unpolluted water shall include stormwater from roofs, yards, foundation or under-drainage, which meets all State and Federal requirements for discharge to surface waters of the United States.

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7.38.130 LIMITATIONS ON POINT OF DISCHARGE.

(a) No person shall discharge any substance directly into a manhole or other opening in the sanitary sewer system, other than through an approved building sewer, or other location approved by the Director of Public Works.

(b) No person shall discharge or cause to be discharged any domestic or industrial waste into any storm drainage system, surface waters, land or appurtenance not authorized by Federal, State, or local authorities for treatment, handling or disposal of such wastes.

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7.38.140 PROHIBITION AGAINST DILUTION.

Except where expressly authorized to do so by an applicable pretreatment standard, no user shall increase the use of process water, or in any way attempt to dilute a discharge as a partial or complete substitute for adequate pretreatment to achieve compliance with pretreatment standards or pretreatment requirements.

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7.38.150 DISCHARGE OF GROUNDWATER.

(a) The Director of Public Works may approve the discharge of ground waters to the sanitary sewer only when such source is deemed unacceptable by State and Federal authorities for discharge to surface waters of the United States, whether pretreated or untreated, and for which no reasonable alternative method of disposal is available. No discharge of such waters will occur except as specifically authorized in a waste discharge permit or other written authorization.

(b) Groundwater containing petroleum products may be authorized for disposal to the sanitary sewer and shall comply with the following limits at point of discharge, in addition to any other discharge standards imposed: 0.5 mg/L benzene, 1 mg/L BTEX (benzene, toluene, ethylbenzene, xylene), and 10 mg/L TPH (total petroleum hydrocarbons) as gasoline or diesel. Groundwater containing organic compounds other than gasoline or diesel shall not exceed 1 mg/L total priority organic toxic pollutants at point of discharge.

(c) Groundwater sources may include, but are not limited to: (1) construction site dewatering where soil or groundwater contamination is present; (2) groundwater contaminated with organic solvents generated as a result of pump tests in preparation for a groundwater cleanup or water generated during sampling events; (3) aqueous wastes generated by either permanent or mobile hazardous waste treatment units used to treat hazardous waste at the generator's site; (4) and aqueous wastes generated as a result of site cleanup activities. A permit must be obtained prior to commencement of discharge, and request for such permits shall be submitted not less than 30 working days prior to intended discharge.

(d) The Director limits groundwater discharges to a cumulative total hydraulic allocation of 0.5 million gallons per day (mgd) for the protection of the hydraulic capacity of the POTW. Real properties of the City or District shall have priority to said allocation. Allocations for other permit holders may be reduced, but not eliminated, to equitably accommodate the needs of the agencies to discharge treated groundwater to the sanitary sewer. Should such a permit holder discontinue discharging for more than 90 days, the permit holder shall be notified in writing of the Director's intention to cancel the permit.

(e) The Director may impose upon the user a hydraulic loading charge for discharge of groundwater or other waters in cases where conventional sewer service charges applied by the City or District do not account for said flows or uses. User discharges which exceed 10,000 gallons per batch discharge or users undertaking long term discharges of groundwater to the sanitary sewer shall be metered and levied a hydraulic loading charge based upon the basic sewer service charge rate established by the City or District, as applicable.

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7.38.155 SWIMMING POOLS AND WATER FEATURES.

(a) The Director may approve discharge to the sanitary sewer from swimming pools, spas, whirlpools, fountains and landscape water features on a case-by-case basis. A person who desires to drain such facility to the sanitary sewer system shall first obtain permission from the Director prior to discharge if discharge volume is greater than 1,000 gallons or the flow rate is anticipated to exceed 20 gallons per minute. Permission shall be granted if the discharge conforms to discharge standards and will not cause a hydraulic overload condition in the sewer system.

(b) If the user has no connection to the City's sewer system available, these waters may be surface discharged provided the following conditions are met: (1) The discharge of the water shall not contain residues of algaecides, disinfectants or other toxic chemical constituents that may violate any water quality regulation; (2) The discharge of the water shall not create a public nuisance; (3) The discharge of the water shall in no way damage, destroy, erode, or impair surrounding property; and (4) The user has obtained permission from the Director for the discharge.

(c) In the event that discharge to the sanitary sewer and storm drain is disallowed, the waters must be disposed at a legal disposal site. The person conducting the discharge shall be required to provide proof of disposal upon City's request.

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7.38.160 REQUIREMENTS FOR FOOD SERVICE FACILITIES.

(a) The owner of every commercial, industrial, or institutional food service facility, shall install or cause to be installed a pretreatment system for grease removal which meets or exceeds minimum sizing requirements of the Uniform Plumbing Code, by no later than January 1, 2001. The Director shall approve final sizing.

(b) The owner of every commercial or industrial generator of grease serviced by a public sewer found to have a grease buildup at the point of connection of the side sewer, a history of grease blockage at such point, or accelerated maintenance of the public sewer resulting from the discharge of grease from said facility, may be required to implement additional grease control measures, which may include, but are not limited to, installation of additional pretreatment equipment, elimination of the garbage grinder, or reimbursement of the City or District for the cost of accelerated preventive maintenance of the public sewer to prevent blockage of the sewer related to such grease discharge.

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7.38.170 OPERATION AND MAINTENANCE OF PRETREATMENT SYSTEMS.

(a) Pretreatment systems shall be inspected and maintained by the user as needed to ensure continuous efficient operation.

(b) Pretreatment systems shall be inspected monthly by the user or per a schedule approved by the Director.

(c) A record of all inspection and maintenance activity shall be kept by the user at the facility showing the date of inspection or maintenance, the activity completed, and the disposition of the removed contents, filters, cartridges, or other components.

(d) Failure to operate or maintain the pretreatment system in a way so as to ensure optimum efficiency, or failure to keep records of pretreatment system maintenance shall constitute a violation of this chapter.

(e) The use of emulsifiers or enzymes in pretreatment systems is specifically prohibited.

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7.38.180 DAMAGE TO FACILITIES.

When a user's discharge causes an obstruction, damage, or any other impairment to the POTW or causes a violation of the NPDES permit, the City may impose a charge upon the user to reimburse the City or District for the cost of cleaning and/or repair of City or District facilities, including mitigation of waste discharge to the storm drainage system.

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7.38.190 ADDITIONAL PRETREATMENT REQUIREMENTS.

The Director may establish discharge limits for industrial wastes not specifically referred to in this chapter. Said standards shall be based upon known reasonably achievable efficiencies of commonly used and properly maintained pretreatment technologies for a given waste. Such standards shall be included in waste discharge permits issued for the discharge of the specific waste.

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7.38.200 AUTHORIZATION TO DISCHARGE.

Industrial waste shall not be discharged to any sanitary sewer system without first obtaining authorization to discharge industrial waste from the Director.

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7.38.210 WASTE DISCHARGE PERMITS.

(a) The Director shall require each significant industrial user to obtain a waste discharge permit. In the event that the Director subsequently determines that the user no longer meets the criteria for classification as a significant industrial user, the Director may, in accordance with the pretreatment regulations, de-list the facility and cancel the permit.

(b) The Director may require other users to obtain waste discharge permits as necessary to carry out the purposes of this chapter.

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7.38.220 WASTE DISCHARGE PERMIT PROCEDURE.

(a) Applicants for a permit to discharge industrial waste shall complete and submit an application for wastewater discharge. The Director shall establish the contents of said form and may require additional information on the characteristics of the wastewater discharge beyond that required on the application form. The application may request information including, but not limited to, the nature of the industrial processes conducted, the volume of wastewater to be discharged, physical and chemical characteristics, rates of flow, hours of operation, industrial classification, each manufactured product by type, amount, and rate of production, number and classification of employees, site plans, floor plans, mechanical and plumbing plans and details to show all sewers, storm drains and appurtenances by size, location, and elevation; and any other information as may be deemed necessary by the Director.

(b) The application shall include a statement certifying the accuracy and completeness of the information provided. Unsigned applications will not be accepted.

(c) Completed applications shall be submitted by the user not less than 30 days in advance of commencing discharge. New sources shall not commence discharge prior to permit approval and not before installation of required pretreatment systems is complete.

(d) Prior to approval of a discharge permit, the Director shall determine whether the discharge is subject to the pretreatment standards provided in the pretreatment regulations. The Director following the guidelines and procedures of that subsection will make the determination.

(e) The application shall be approved if: (1) the applicant has complied with all requirements of this chapter and all other applicable City or District ordinances, State and Federal regulations; (2) the applicant has furnished all requested information; and (3) the Director determines that there are adequate devices, equipment, chemicals, and other facilities to sample, meter where desirable, convey, treat, and dispose of industrial wastes.

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7.38.230 SIGNATORY REQUIREMENTS.

(a) Applications and reports shall be signed by the owner, general partner, corporate officer, or other duly authorized representative of the user. Baseline monitoring reports, periodic compliance reports, and analytical data reports submitted by a significant industrial user shall contain the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those directly responsible for gathering the information, the information is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

(b) In the case of third parties requesting permission to discharge waste generated by another party, or the products of treated wastes generated by another party, the Director may require the waste generator or responsible party to submit a "designation of authorized representative" (DOAR) to authorize the third party to conduct business and sign reports on their behalf. However, certification that the waste as discharged does not constitute a hazardous waste, the permit, and permit application must be signed by the waste generator or responsible party.

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7.38.240 PERMIT TERMS, CONDITIONS, AND REQUIREMENTS.

(a) The Director shall impose terms, conditions, and requirements on the permit that the Director deems necessary to carry out the purpose of this chapter.

(b) The waste discharge permit shall contain the effective date and expiration date of the permit, statement of transferability; discharge limitations based on applicable pretreatment standards or pretreatment requirements; monitoring, sampling, reporting and record keeping requirements; and statement of penalties for noncompliance of permit terms, conditions, and requirements; and other provisions deemed appropriate by the Director for inclusion in the permit.

(c) A waste discharge permit may require pretreatment of waste before discharge; restriction of peak flow discharges; discharge of certain waste waters only to specified sewers, location of points of discharge, prohibition of certain wastewater components; restriction of discharge to certain hours of the day; sampling and monitoring requirements, payment of charges to help defray the cost of the pretreatment program, and other conditions as may be required to effectuate the purpose of this chapter. The permit may also require specific investigations or studies to determine methods of reducing toxic constituents in the discharge.

(d) If a current permit holder wishes to continue to discharge after the expiration date of the permit, an application to reissue the permit must be filed by the user not less than 30 days prior to the expiration date. Except as provided in subsection (e) of this section, a user that continues to discharge the regulated waste stream after the permit expires is in violation of this chapter.

(e) An expired permit will continue to be effective and enforceable until the permit is reissued if the permit holder has submitted a complete application at least 30 days prior to the expiration date, and that failure to renew the permit is not due to any act or failure on the part of the permit holder.

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7.38.250 PERMIT DURATION AND TRANSFERABILITY.

(a) A waste discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A waste discharge permit may be issued for a period less than five years, at the discretion of the Director. Each waste discharge permit shall indicate a specific date upon which it will expire.

(b) Waste discharge permits are issued to a specific user for a specific operation. Permits shall not be assigned, transferred, subcontracted, or sold to a new owner, new user, subcontractor, or to different premises, or to a new or changed operation, whether such transfer, assignment or subcontract occurs voluntarily or involuntarily.

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7.38.260 PERMIT CLASSIFICATION.

Waste discharge permits shall be issued to applicable users and levied applicable fees as provided for in this chapter and shall be classified as follows:

(a) Class A Discharge Permit. A Class A permit shall be issued to all significant industrial users (SIU). Class A permit holders are regulated in accordance with the requirements specified in the pretreatment regulations, 40 CFR Part 403 and 40 CFR Chapter I, Subchapter N, Parts 405-471, as amended, and this chapter.

(b) Class B Discharge Permit. A Class B permit shall be issued, at the discretion of the Director, to any user who is not a significant industrial user, yet requires periodic inspection and/or monitoring to verify compliance with this chapter. A Class B permit may be required for discharge of industrial waste from stationary sources, trucked wastes, contaminated groundwater, and other industrial wastes approved by the Director for discharge to the sanitary sewer.

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7.38.270 MODIFICATION, SUSPENSION, OR REVOCATION OF PERMIT.

(a) A waste discharge permit may be revoked, made subject to additional terms and conditions, modified, or suspended by the Director in addition to other remedies provided by law, when such action is necessary in order to stop a discharge or a threatened discharge which presents a hazard or a threat of hazard to the public health, safety, or welfare; or the natural environment, or the sanitary sewer system, or which violates this chapter, or which action is intended to implement programs or policies required or requested of the City or District by appropriate State or Federal regulatory agencies.

(b) A user notified of the Director's intent to revoke, make subject to additional terms or conditions, modify, or suspend the user's permit shall immediately comply with directives of the Director or cease and desist the discharge of all industrial waste or such portion of said wastes as will eliminate the wrongful discharge to the sanitary sewer system pending any hearing that the user may request as set forth in this chapter.

(c) The Director shall reissue or reinstate any waste discharge permit or other authorization to discharge upon proof of satisfactory ability to comply with all discharge requirements, and upon payment of any costs, fines, or penalties which may be assessed. The Director may require the user to develop and implement a compliance schedule to ensure attainment of prompt and full compliance of permit terms and conditions.

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7.38.280 NOTIFICATION OF HAZARDOUS WASTE DISCHARGE.

(a) No person shall knowingly dispose of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261, unless specifically authorized by the Director. Should any discharge of a hazardous waste occur, the user shall verbally notify the EPA, the Regional Water Quality Control Board, and the Director as soon as possible, but in no event later than 24 hours after such discharge.

(b) The Director may require that a user periodically certify that their wastewater discharge does not constitute a hazardous waste, as defined by the Federal regulations, and that no discharge of hazardous waste occurred during the reporting period.

(c) A user shall make available at the Director's request, a copy of the user's hazardous materials management plan (HMMP) and to have on-site copies of material safety data sheets for all hazardous materials stored, generated, or used on the user's premises.

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7.38.290 COMPLIANCE SCHEDULES AND PROGRESS REPORTS.

(a) In the event that a user should be affected by a newly promulgated pretreatment standard or an existing discharge permit holder is reclassified as being subject to the categorical standards provided in the pretreatment regulations due to process changes, or an inspection reveals the presence of regulated processes, or new information becomes available that justifies or requires a reclassification, the user shall, within 90 days of the effective date of a categorical standard or reclassification, file a baseline monitoring report (BMR).

(b) Baseline monitoring reports shall contain the name and address of the user, including name of owner and operator; list of any environmental control permits held by the user; description of operations, including rate of production, standard industrial classification, and process schematic; estimated average and maximum daily flow to sanitary sewer from the regulated processes to allow use of the combined waste stream formula in the pretreatment regulations; identification of the categorical pretreatment standards applicable to each process; results of sampling and analysis of regulated pollutants in the discharge from each regulated process, or, in the case of new sources, an estimate of such pollutants.

(c) Baseline reports shall contain a statement, reviewed by an authorized representative of the user and certified by a qualified professional, indicating whether or not pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

(d) If additional O&M and/or additional pretreatment, equipment or improvements will be required to meet the pretreatment regulations, the user's baseline monitoring report shall include a compliance time schedule which specifies the shortest time schedule by which the user will provide such additional pretreatment procedures or facilities, equipment or improvements to attain compliance. The compliance schedule shall include progress increments in the form of dates for the commencement and completion of major events leading to construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards. Such events may include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation.

(e) Not later than 14 days following each date in the compliance schedule, the user shall submit a progress report to the Director including, at a minimum, whether or not it complied with the increment of progress, and if not, the reason for the delay, and if appropriate, the steps being taken to by the user to return to the established schedule.

(f) Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of discharge, the user shall submit to the Director a report including discharge flow and pollutant concentration data for the regulated processes, and a statement, reviewed by the authorized representative of the user and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and if not, whether additional procedures or pretreatment equipment is required to meet pretreatment standards and requirements.

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7.38.300 PERIODIC COMPLIANCE REPORTS.

(a) Significant industrial users subject to self-monitoring requirements shall, at a frequency determined by the Director but in no case less than twice annually, submit periodic reports indicating whether applicable pretreatment standards have been met during the reporting period. Specific reporting requirements shall be specified in the permit, in compliance directives or in notices of violation. Any user may be required to submit periodic reports to the Director.

(b) A periodic report may include, but is not limited to, user surveys, permit applications, responses to compliance directives, and any other reporting requirement or information request.

(c) A periodic report specified in a permit reporting schedule, and any report including monitoring data, shall be certified and signed by an authorized representative of the user.

(d) Reports shall be submitted within 30 days from the due date specified in the permit or other written directive.

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7.38.310 CHANGED DISCHARGE NOTIFICATION.

(a) Any user desiring to change the quantity or quality of waste discharged to the sanitary sewer system or to discharge wastes or use facilities which are not in conformance with their waste discharge permit shall notify the Director at least 30 days before commencement of discharge. The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a waste discharge permit application.

(b) The Director may issue a waste discharge permit or modify an existing waste discharge permit in response to changed conditions or anticipated changed conditions in accordance with this chapter.

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7.38.320 NOTIFICATION OF SPILLS.

(a) In the event of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine episodic nature, a non-customary batch discharge, or a slug discharge, any of which may cause potential problems in the POTW, the user shall immediately contact the Director of the incident. Notification shall include location of the discharge, type of waste, concentration and volume, if known, and corrective actions being taken by the user.

(b) Within five days following such discharge, the user shall, unless waived by the Director, submit a detailed written report explaining the nature, volume and duration of the noncompliance, mitigation measures taken to correct the noncompliance and to prevent reoccurrence. Such notifications shall not relieve the user of liability for any expense, including, but not limited to, costs for countermeasures, loss or damage to the POTW; or liability to reimburse any fines imposed on the City or District on account thereof; or for damages incurred by a third party.

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7.38.330 SAMPLING AND TESTING REQUIREMENTS.

(a) Pollutant analyses, including sampling techniques, to be conducted as part of any monitoring requirement of a waste discharge permit or other formal directive shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in the pretreatment regulations. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses shall be performed in accordance with procedures approved by the U.S. Environmental Protection Agency.

(b) All samples shall be representative of the waste being analyzed.

(c) Samples shall be analyzed by a laboratory accredited by the California Department of Health Services for such analysis.

(d) All analytical data and flow monitoring records shall include the date, exact location, method, and time of sampling, and the name of the person(s) taking the samples; the dates that the analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses.

(e) Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Director. Where time-proportional composite sampling or grab sampling is authorized by the Director, the samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the Industrial User file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: For cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil & grease the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Director, as appropriate.

(f) For sampling required in support of baseline monitoring and 90-day compliance reports, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Director may authorize a lower minimum. For other required reports the Director shall require the number of grab samples necessary to assess and assure compliance by Industrial Users with Applicable Pretreatment Standards and Requirements.

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7.38.340 RECORD KEEPING REQUIREMENTS.

(a) Users subject to the reporting or record keeping requirements specified in waste discharge permits or other formal directive shall make available for inspection and copying all monitoring data, pretreatment system operation and maintenance records, documentation associated with Best Management Practices, and any other information required by the Director to be kept by the user.

(b) Records shall be retained by the user for a period of at least three years from the date of the report to which these records are applicable or three years from the date of any investigation or enforcement action undertaken by the Director, State or USEPA has concluded, or such other time as may be directed by the Director.

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7.38.350 AUTHORITY TO INSPECT AND MONITOR.

(a) The Director is authorized to conduct all inspection, surveillance, and monitoring procedures necessary to assure compliance with this chapter.

(b) The Director may enter without unreasonable delay, during hours of discharge from the facility or hours of operation, any premises of any user in which an industrial waste source is located or in which industrial waste records are kept. Records shall be made available to the Director for inspection and copying. Reasonable times for inspection and sampling may include times that are unannounced.

(c) The Director may enter such building or premises only upon first presenting credentials and requesting entry. If the building or premises is unoccupied, the Director shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.

(d) In the event that the user refuses the Director entry to the premises, inspection may be made only upon the issuance of a search warrant by a duly authorized magistrate. In the event that the user refuses entry after the request has been made, the Director is hereby empowered to seek assistance from the court in obtaining such entry.

(e) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be born by the user. Unreasonable delays in allowing the Director access to the user's premises shall be a violation of this chapter.

(f) The Director shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recording of activities on the site.

(g) In addition to other remedies available to the Director, compliance directives may be issued at the time of the inspection to require the user to implement actions which will correct violations of this chapter.

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7.38.360 SELF-MONITORING REQUIREMENTS.

(a) As a condition of discharge, the Director may require that the user conduct a sampling and analysis program of the user's wastewater discharge of a frequency and type required by the Director to demonstrate compliance with the requirements of this chapter. The waste discharge permit shall specify the minimum frequency and types of samples, flow monitoring, measuring, and analyses to be conducted by the user. The permit may also specify the type of sampling equipment and flow monitoring equipment, which must be installed or used. The required self-monitoring program will depend on factors such as flow, potential for the discharge to cause interference, pass-through, or upset of treatment processes, pollutants present, and prior compliance his-tory, if any, of the user. Additional monitoring may be required by the Director for violation follow up, to assist in evaluating effects of the discharge, or as part of a compliance directive or notice of violation.

(b) Information to be included in self-monitoring reports, and acceptable sampling and analytical methods are specified in the pretreatment regulations and this chapter. Samples shall be analyzed at the user's expense, by a laboratory accredited by the State of California Department of Health Services for such analysis. The detection limit used by the user shall be no greater that the applicable regulatory limit of the parameter as specified in the waste discharge permit.

(c) If sampling performed by the user indicates a violation, the user shall notify the Director as soon as possible but no later than within 24 hours of the user's knowledge of the violation. The user shall repeat the sampling and analysis and report the results to the Director within 30 days after becoming aware of the violation. Where the Director has performed the sampling and analysis in lieu of the user, the Director must perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. The user is not required to resample if the Director samples between the user's initial sampling and the user's receipt of the sampling results.

(d) The self-monitoring reports and notices required by the pretreatment regulations shall be submitted to the Director on the date specified.

(e) The Director may require self-monitoring for facilities for which a permit has not been issued. The Director may also request that information be submitted within a reasonable time concerning the chemical or biological constituents of any substance or chemical product that could potentially be discharged to the sanitary sewer system or which the Director determines may, alone or in accumulation with other discharges, contribute to a violation by the POTW of its NPDES permit or contribute to an upset of plant processes.

(f) If a user subject to the reporting requirements monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Director, using the procedures prescribed in this section, the results of this monitoring shall be included in the report.

(g) The Director may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user in accordance with 40 CFR 403.12(e)(2). This authorization is subject to the following conditions:

(1) The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

(2) The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit.

(3) In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

(4) The request for a monitoring waiver must be signed by an authorized representative of the user in accordance with Section 7.38.030, and include the certification statement in Section 7.38.230 and 40 CFR 403.6(a)(2)(ii).

(5) Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

(6) Any grant of the monitoring waiver by the Director must be included as a condition in the user's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the Director for three years after expiration of the waiver.

(7) Upon approval of the monitoring waiver and revision of the user's permit by the Director, the industrial user must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user:

Certification of Pollutants not Present

Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR _______ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of ______ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report.

(8) In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately: Comply with the monitoring requirements of subsections (a) through (f) of this section, or other more frequent monitoring requirements imposed by the Director, and notify the Director.

(9) This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.

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7.38.370 CONFIDENTIAL INFORMATION.

(a) Any information submitted to the Director pursuant to this chapter shall be made available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, processes, or methods which would be detrimental to the user's competitive position and is not required to be disclosed pursuant to the California Public Records Act, or similar law.

(b) Any such requests must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing the report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the industrial pretreatment program, and in enforcement proceedings involving the person furnishing the report.

(c) Information and data provided to the Director pursuant to this section which constitutes effluent or flow data shall not be recognized as confidential information and shall be available to the public without restriction.

(d) A user may be prohibited from discharging a substance unless its composition is made known to the Director.

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7.38.380 SPILL PREVENTION AND SLUG DISCHARGE CONTROL PLANS.

(a) Within the first year of a user being designated as a significant industrial user by the Director, the Director shall evaluate the significant industrial user (or any other user as deemed necessary), to determine the need for a spill prevention and slug discharge control plan. Requirements for such plans shall be stated in a waste discharge permit. Plan shall include, at minimum, a description of discharge practices, including non-routine batch discharges, description of stored chemicals, procedures for notifying the Director of any noncompliant discharge, as specified in this chapter, and procedures to prevent adverse impact from any noncompliant discharge.

(b) Each user shall provide adequate protection to prevent prohibited discharges regulated by this chapter. Where directed by the Director, the user shall install retention basins, dikes, storage tanks, or other facilities designed to eliminate, neutralize, offset, or otherwise negate the effects of prohibited materials or wastes which may be accidentally discharged in violation of this chapter.

(c) No person shall store hazardous materials above a sink that is connected to the sanitary sewer in a commercial or industrial facility. The Director may allow an exception when the hazardous materials are secondarily contained and when constrained to prevent accidental spills caused by earthquakes and other occurrences.

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7.38.390 BEST MANAGEMENT PRACTICES.

Where best management practices (BMPs) have been established or adopted by the Director for an activity, operation, or facility which may cause a prohibited discharge to the sanitary sewer or storm drain systems, persons undertaking such activity or operation, or owning or operating such facility shall comply with such requirements as may be specified by the Director in waste discharge permits, compliance directives, printed material, or verbal notice.

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7.38.400 EMPLOYEE TRAINING.

Users shall take necessary steps to inform appropriate personnel employed by the user of discharge requirements. Such personnel shall include workers and supervisors whose duties pertain in any manner to the waste discharges regulated in this chapter. Steps to inform such personnel may include orientation of newly employed or assigned personnel; annual orientation of all appropriate personnel; and posting of work stations with signs or equally effective methods of indicating approved methods of disposition of wastes and reporting requirements and instructions for accidental spills and increased loadings.

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7.38.410 APPEALS AND HEARING PROCEDURES.

(a) Any person dissatisfied with the decision of the Director to issue, deny, condition, amend, suspend, revoke, or modify any permit pursuant to this chapter may file a written appeal to the City of San Mateo Sustainability and Infrastructure Commission.

(b) The appeal shall be filed with the Public Works secretary, who shall set the hearing for the next regularly scheduled meeting of the Sustainability and Infrastructure Commission. The appeal shall designate with particularity the decision, action or determination appealed from and the remedy or relief sought by way of the appeal. If an appeal is not filed within such period, applicant shall be barred for a period of six months from date of the original application from making further application with reference to the same matter.

(c) At the hearing, the Commission shall receive all evidence offered by applicant and the City, and may hear other evidence with reference thereto, and may continue such hearing from time to time.

(d) At the conclusion of such hearing, the Commission shall make its findings thereon. If it finds that the initial decision, action or determination that is appealed from is consistent with the provisions and policies of this chapter and is not otherwise injurious to the public health, safety or welfare, or the environment, then the appeal shall be denied. If it finds that the initial decision, action or determination is either inconsistent with the provisions and policies of this chapter or is otherwise injurious to the public health, safety or welfare, or the environment, then the Commission may sustain the appeal and in its decision grant any remedy or relief sought by the appellant, or such other relief as it deems appropriate, that is consistent with the provisions and policies of this chapter. The decision of the Commission may be appealed to the City Council by any interested person by filing an application with the City Clerk's office, including any required fees, within 10 calendar days of the decision. The decision of the Council shall be final and conclusive.

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7.38.420 PUBLIC NOTIFICATION OF SIGNIFICANT NONCOMPLIANCE.

At least annually, the Director shall provide public notice in the largest local daily newspaper a list of those significant industrial users that, during the previous 12 months, were found in significant noncompliance, as defined in the pretreatment regulations and this chapter.

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7.38.430 ACCESS TO SANITARY SEWER SYSTEM.

(a) Access to Sewer Line or Manhole Required. When a sewer line or manhole exists within a sewer, public utility, or right-of-way easement across private property, the owner of the private property shall provide reasonable access to the sewer line and unobstructed access to the manhole.

(b) Unlawful to Cover Line or Manhole. It is unlawful for any person to obstruct, cover, or alter any sewer line or manhole in the City without the written permission of the City. Any structure, shed, deck, patio, concrete or other obstruction covering any sewer, public utility, or right-of-way easement without written permission of the City will be removed at the expense of the property owner.

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7.38.432 Private Sewer Laterals

(a) Responsibility for repair, replacement and maintenance of sewer lateral. The owner of the property(ies) serviced shall be responsible for any portion of the private sewer lateral extending from a building to the public sewer main, including the wye connection which joins the private sewer lateral to the public sewer main. Any repairs, replacement or maintenance, such as the clearing of pipes using common industry hydro or mechanical cleaning tools, will not be provided by the City on private sewer laterals or in private sewer systems. Responsibility for such repairs, replacement and maintenance is that of the owner of the property(ies) serviced by the lateral.

(b) Mandatory installation of cleanout. When installing or replacing a sewer lateral connection from a building to the public main sewer, if not already present, the property owner shall install a cleanout near the property structure in accordance with the requirements of the Building Code, the California Plumbing Code, and any other applicable regulations adopted by the City, City standards, or plans and specifications approved by the Director of Public Works.

(c) Sewer lateral inspections. The owner(s) of the property served by a private sewer lateral shall be responsible for inspecting, testing, the lateral as required by this subsection, and providing the results to the City. The Public Works Director shall establish standards and regulations for the manner and scope of sewer lateral inspections.

(1) When required.

(A) Upon the sale of real property served by a private sewer lateral.

(B) Prior to issuance of a building permit where the cost of the improvements for an addition or alteration/remodel project exceeds such amount as established by resolution of the City Council.

(C) For commercial or multifamily residential buildings, upon the occurrence of a sewer lateral backup or blockage resulting in a sanitary sewer overflow.

(D) Upon a change in sewer customer class, as defined by section 3.54.020.

(2) Exemptions. No inspection and testing of a sewer lateral shall be required if:

(A) The sewer lateral has been inspected within the 5 years immediately preceding one of the events listed above, and the results of such inspection showed that either no repairs were required, or only partial repairs were required, and those repairs were in fact completed; or

(B) The sewer lateral has been completely replaced within the 25 years, as evidenced by a plumbing permit issued by the City; or

(C) Upon other exemption approved by the Director of Public Works.

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7.38.440 COMPLIANCE WITH CHAPTER.

(a) Failure to comply with terms, conditions, or requirements of a waste discharge permit, or other provisions of this chapter, shall constitute a violation this chapter.

(b) The omission to act by the Director and/or the failure of the Director to take cognizance of the nature of the operation of the user and/or the properties of the user's discharge shall not relieve the user of the responsibility to comply with the provisions of this chapter. It is the responsibility of the user to make determinations as to the nature of its operation and waste discharge characteristics and to take such actions as may be required under this chapter prior to any discharge into any sanitary sewer system, whether or not the user has been informed by the Director of the requirements which may apply to the user regarding its discharge.

(c) Liability for damages as a result of any discharges in violation of this chapter shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify, and hold harmless the City in any administrative or judicial enforcement action relating to such discharges.

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7.38.450 REMEDIES NONEXCLUSIVE.

Enforcement remedies provided for in this chapter are not exclusive. The City may take all, or any combination of, these actions against a noncompliant user, as well as any other enforcement remedies which the City may have available, including, but not limited to, the remedies set forth in Government Code Sections 54725 through 54740.6.

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7.38.460 ADMINISTRATIVE REMEDIES.

(a) Notice of Violation. When an authorized enforcement official finds that a user has violated or is violating this chapter, or a wastewater permit or order issued hereunder, the official may serve upon said user a Notice of Violation which enumerates the violations found, and orders compliance by a date certain.

(b) Administrative Compliance Order. Whenever an authorized enforcement official finds that a discharge to the sanitary sewer system is taking place or threatening to take place in violation of any provision of this chapter or a permit or order issued hereunder, the authorized enforcement official may require the person to submit for approval of the authorized enforcement official, with such modifications as the authorized enforcement official deems necessary, a detailed compliance schedule that the person shall take in order to correct said violation(s), or prevent future recurrences of said violation(s). A compliance order does not relieve the person of liability for any violation, including any continuing violation.

(c) Cease and Desist Order. Whenever an authorized enforcement official finds that a discharge to the sanitary sewer system is taking place or threatening to take place in violation of this chapter or any permit or order issued hereunder, or that the person's past violations are likely to recur, the authorized enforcement official may issue an order to cease and desist and direct that the person in violation immediately comply with all requirements, and take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

(d) Administrative Citation. An authorized enforcement official may serve an administrative citation on any person who has violated, or continues to violate, any provision of this chapter. Each day on which each instance of noncompliance shall occur or continue shall be deemed a separate and distinct violation. Procedures for application of administrative citations shall be in accordance with Chapter 1.10 of the San Mateo Municipal Code.

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7.38.470 VIOLATIONS DEEMED A PUBLIC NUISANCE.

(a) Any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, or the environment, and is declared and deemed a nuisance, and may be summarily abated and/or restored by the City, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the City Attorney.

(b) The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within three months after the completion by the authorized enforcement official of the removal of the nuisance and the restoration of the property to its original condition, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.

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7.38.480 CIVIL PENALTIES.

Any person who has violated or continues to violate the provisions of this chapter or any order or permit issued hereunder, shall be subject to the imposition of civil penalties pursuant to Chapter 1.11 of this code.

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7.38.485 INJUNCTIVE RELIEF.

When the Director finds that a user has violated, or continues to violate, any provision of this chapter, or waste discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Director may, through the attorney of the City, petition the Superior Court for the County of San Mateo for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the waste discharge permit, order, or other requirement imposed by this chapter on activities of the user. The Director may also seek such other action as is appropriate for legal and/or equitable relief. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against the user.

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7.38.490 CRIMINAL PENALTIES.

Any person who intentionally or negligently makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or waste discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, or who willfully or negligently introduces any substance into the sanitary sewer system which causes personal injury or property damage or environmental harm shall, upon conviction, be guilty of a public offense. Any penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.

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7.38.500 CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1094.6.

The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to judicial review of City decisions pursuant to this chapter.

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7.38.510 EMERGENCY TERMINATION OF SERVICE.

The City reserves the right to terminate sewer service for noncompliance with the provisions of this chapter which reasonably appear to present an imminent endangerment to health, safety, and welfare of persons, or to the environment. The user shall immediately cease discharge of any waste presenting such a hazard, upon verbal and/or written notice of the Director or designated representative. Such termination shall be effective immediately, but shall be reviewed pursuant to the hearing process provided by the City. The Director shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director that the period of endangerment has passed, and provisions have been made to prevent future occurrences of actual or threatened discharges which may result in endangerment to individuals, the environment, damage to facilities, or NPDES permit violations.

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Chapter 7.39 STORMWATER MANAGEMENT AND DISCHARGE CONTROL

7.39.010 TITLE.

This chapter shall be known as the "City of San Mateo Stormwater Management and Discharge Control Ordinance" and may be so cited.

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7.39.020 PURPOSE AND INTENT.

The purpose of this chapter is to ensure the future health, safety, and general welfare of City of San Mateo citizens by:

(a) Eliminating non-stormwater discharges to the municipal separate storm drain.

(b) Controlling the discharge to municipal separate storm drains from spills, dumping or disposal of materials other than stormwater.

(c) Reducing pollutants in stormwater discharges to the maximum extent practicable.

The intent of this chapter is to protect and enhance the water quality of our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act.

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7.39.030 DEFINITIONS.

Any terms defined in the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency on November 16, 1990 (as may from time to time be amended) as used in this chapter shall have the same meaning as in that statute or regulations. Specifically, the definition of the following terms included in that statute or regulations are hereby incorporated by reference, as now applicable or as may hereafter be amended: discharge, illicit discharge, pollutant, and stormwater. These terms and other terms presently are defined as follows:

(a) "Authorized enforcement official" means the City Manager or designees that is/are authorized to enforce the provisions of this chapter.

(b) "Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to "waters of the United States." BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

(c) "City" means the City of San Mateo.

(d) "City storm drain system" means and includes, but is not limited to, those facilities within the City by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains, which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR Section 122.2.

(e) "Discharge" means: (1) any addition of any pollutant to the City storm drain system, including creeks, ditches, culverts and gutters, from any point source; or (2) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.

(f) "Illicit discharge" means any discharge to the City storm drain system, including creeks, ditches, culverts and gutters, that is not composed entirely of stormwater except discharges pursuant to a NPDES permit and discharges resulting from fire fighting activities.

(g) "Non-stormwater discharge" means any discharge that is not entirely composed of stormwater except those noted within an NPDES permit and this chapter.

(h) "Person" means any individual, partnership, firm, association, or public agency.

(i) "Pollutant" means dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharge into water. A pollutant shall also include any increment of increase in the total volume or rate of stormwater runoff resulting from any activity or development occurring after the effective date of this ordinance.

(j) "Premises" means any building, lot parcel, real estate, or land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

(k) "Storm water" or "stormwater" means stormwater runoff, snowmelt runoff, and surface runoff and drainage.

(l) "Stormwater treatment facility" means a device installed or constructed to reduce or control stormwater peak runoff rates or to reduce stormwater contaminants, including, but not limited to, the construction of vegetated channels, grass filter strips, detention ponds, retention ponds, infiltration devices, wetlands, oil/water separators, catch basin screens or filters, and proprietary stormwater treatment devices.

(m) "Type I Project" means small projects such as driveway approaches, sidewalk replacement, and under sidewalk drains. These will be covered under the encroachment permit process. Encroachment permit fees will be increased to account for administration and inspection costs, rather than developing a separate fee schedule for these projects.

(n) "Type II Project" means medium projects reviewed through the building permit process that do not require a planning application. Similar to the construction and demolition permit, the Building Department will direct applicants to the Public Works Department to pay a stormwater pollution prevention impact fee and/or have a stormwater pollution prevention permit issued, depending on the size and type of project.

(o) "Type III Project" means medium projects that will require a planning application. A condition of approval will require applicants to pay a stormwater pollution prevention impact fee and/or have a stormwater pollution prevention permit issued, depending on the size and type of project.

(p) "Type IV Project" means large project sites, one (1) acre or greater. These projects are required to obtain a general permit that is issued by the State Water Resources Control Board. The City is responsible for the contractor's compliance with this permit. A condition of approval will require applicants to have a stormwater pollution prevention permit issued.

(q) "Watercourse" means a natural stream, creek, or man-made uncovered channel through which water flows continuously or intermittently.

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7.39.040 RESPONSIBILITY FOR ADMINISTRATION.

The City Manager and designees shall administer this chapter for the City.

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7.39.050 CONSTRUCTION AND APPLICATION.

This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Permit No. CA0029921 and any amendment, revision or re-issuance thereof.

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7.39.060 SEVERABILITY AND VALIDITY.

If any portion of this chapter is declared invalid, the remaining portions of this chapter are to be considered valid.

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7.39.070 WAIVER PROCEDURES.

(a) It is the intent of this chapter to protect and enhance water quality while respecting the rights of private property owners to economically viable use of land. It is not the intent of this chapter to prohibit all economically viable use of any private lands, nor to result in a confiscatory impact. Accordingly, the purpose of this section is to provide for an administrative procedure for a waiver or modification of a particular provision of this chapter in the event the strict application of this chapter would result in the denial of all economically viable use of real property.

(b) An applicant for a waiver of a provision of this chapter shall file a Waiver Application with the Director of Public Works on a form provided by the Director identifying the provision sought to be waived or modified. The applicant shall file a complete form and shall provide all documentation and information required by the Director to determine whether application of the provision in question will prohibit any economically viable use of the land in question or otherwise have an impermissible confiscatory result.

(c) The Director may approve, deny, or conditionally approve a waiver application upon making all of the following written findings:

(1) That the strict application of the provision for which a waiver or modification is sought would result in the denial of all economically viable use of the real property in question;

(2) To the maximum extent feasible, conditions have been placed upon such a waiver or modification in order to achieve the goals of this chapter as closely as possible while still allowing economically viable use of the real property in question;

(3) Approval of such a waiver will not result in a public nuisance that would constitute a significant and direct threat to public health or safety.

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7.39.080 FEES AND CHARGES.

The City may adopt reasonable fees to recover the cost of setting up and operating a stormwater pollution prevention program. Such fees shall be imposed by resolution adopting the annual Comprehensive Fee Schedule of the City of San Mateo. Fees and charges may include permit application and processing fees, monitoring and inspection, compliance actions, fees for filing appeals, and other charges deemed necessary to carry out the requirements carried out herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties charged by the City.

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7.39.090 DISCHARGE OF POLLUTANTS.

(a) The discharge of non-stormwater discharges to the City storm drain system is prohibited. All discharges of material other than stormwater must be in compliance with a NPDES permit issued for the discharge (other than NPDES Permit No. CA0029921).

(b) The following discharges are exempt from the prohibition set forth in this section:

(1) The prohibition on discharges shall not apply to any discharge regulated under a National Pollutant Discharge Elimination System (NPDES) permit issued to the discharger and administered by the State of California under authority of the United States Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations.

(2) Discharges from the following activities will not be considered a source of pollutants to waters of the United States when properly managed: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground waters, infiltration to separate storm drains, uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washings, flows from riparian habitats and wetlands, de-chlorinated swimming pool discharges or flows from fire fighting, and accordingly are not subject to the prohibition on discharges.

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7.39.100 DISCHARGE IN VIOLATION OF PERMIT.

Any discharge that would result in or contribute to a violation of NPDES Permit No. CA0029921, the terms of which are incorporated herein by reference, and which is filed in the Office of the City Clerk, and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the City in any administrative or judicial enforcement action relating to such discharge, including attorneys' fees.

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7.39.110 ILLICIT DISCHARGE.

It is prohibited to establish, use, maintain, or continue illicit drainage connections to the City storm drain system, and to commence or continue any illicit discharges to the City storm drain system. This prohibition applies to connections made in the past, regardless of whether made under a permit or whether permissible under the law or practices applicable or prevailing at the time of the connection.

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7.39.120 REDUCTION OF POLLUTANTS IN STORMWATER.

Any person engaged in activities, which will or may result in pollutants entering the City storm drain system shall undertake all practicable measures to reduce such pollutants. Examples of such activities include ownership and use of facilities which may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, commercial facilities, stores fronting city streets, etc. The following minimal requirements shall apply:

(a) Littering. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the City, so that the same might be or become a pollutant, except in containers or in lawfully established dumping grounds. The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee, or proprietor of any real property in the City of San Mateo in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Debris from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on said real property as required for the disposal of garbage. No person shall throw or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the City.

(b) Standards for Parking Lots and Similar Structures. Persons owning or operating a parking lot, gas station pavement or similar structure shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the City storm drain system.

(c) Best Management Practices for New Developments and Redevelopments. Any construction contractor performing work in the City shall endeavor, to provide filter materials at the catch basin to retain any debris and dirt flowing in to the City's storm drain system. The Director of Public Works may establish controls on the volume and rate of stormwater runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants.

(d) Compliance with Best Management Practices. Where best management practices guidelines or requirements have been adopted by the City for any activity, operation, or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the stormwater system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements (as may be identified by the Director of Public Works).

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7.39.130 WATERCOURSE PROTECTION.

(a) Every person owning property through which a watercourse passes, or such person's lessee or tenant, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would pollute, contaminate, or significantly retard the flow of water through the watercourse; shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse; and shall not remove healthy bank vegetation beyond that actually necessary for said maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.

(b) No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the Director of Public Works:

(1) Discharge into or connect any pipe or channel to a watercourse;

(2) Modify the natural flow of water in a watercourse;

(3) Carry out development within 30 feet of the center line of any creek or 20 feet of the top of a bank;

(4) Deposit in, plant in, or remove any material from a watercourse including its banks, except as required for necessary maintenance;

(5) Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse; or

(6) Place any loose or unconsolidated material along the side of or within a watercourse or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being carried away by stormwaters passing through such watercourse.

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7.39.140 AUTHORITY TO INSPECT AND MONITOR.

(a) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement official has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the official may enter such building or premises at all reasonable times to inspect the same or perform or have performed by others any duty imposed upon the official by this chapter; provided that: (1) if such building or premises be occupied, he or she shall first present proper credentials and request entry; and (2) if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.

(b) Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

(c) Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this ordinance, including but not limited to random sampling and/or sampling in areas with evidence of stormwater contamination, illicit discharges, discharge of non-stormwater to the stormwater system, inspection of stormwater treatment facilities, or similar factors.

(d) The City shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site.

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7.39.150 NOTIFICATION OF SPILLS.

As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed release of materials, pollutants or waste which may result in pollutants or non-stormwater discharges entering the City storm drain system, such person shall take all necessary steps to ensure the discovery and containment and clean up of such release and shall notify the City of the occurrence by telephoning the Director of Public Works and confirming the notification by correspondence to the Director of Public Works.

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7.39.160 SELF-MONITORING REQUIREMENTS.

Any authorized enforcement official may request that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the stormwater system, undertake such monitoring activities and/or analyses and furnish such reports as the official may specify. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and/or reports requested.

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7.39.170 STORMWATER POLLUTION PREVENTION CONSTRUCTION PERMIT.

(a) No construction project as defined under Section 7.39.030, Definitions, conducted in or out of the public right-of-way that involves a land disturbance activity and that requires a site development planning application shall be approved without first obtaining a Stormwater Pollution Prevention Program construction (SWPPC) permit from the Director of Public Works.

(b) The Director of Public Works may require that a SWPPC permit be required for construction work involving a land disturbance activity that does not require a site development planning application, as may be necessary to carry out the purposes of this chapter.

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7.39.180 PERMIT PROCEDURE—CASH DEPOSIT.

(a) Applicants for a SWPPC permit shall complete and submit an application to conduct the work. The Director of Public Works shall establish the contents of said form and may require additional information as may be needed to evaluate the permit application.

(b) The application shall require the applicant to indemnify, defend and hold harmless the City of San Mateo, its officers, agents and employees from any and all claims of loss or injury of any nature whatsoever which may arise out of the applicant's use of, and activities under, the privilege granted him or her by the permit, and shall include a statement certifying the accuracy and completeness of the information provided. Unsigned applications will not be accepted.

(c) If project requires construction of a stormwater treatment facility, applicant shall enter into a maintenance agreement with the City and shall also issue a performance bond to the City as part of the permit application. The amount of the performance bond shall be as determined by the City and may include, but is not limited to, costs for the following:

(1) Facility replacement or repair in the event that the treatment facility is no longer able to meet performance standards or has deteriorated.

(2) Emergency maintenance needed to protect public health or watercourses.

(3) Routine maintenance for which the City has accepted responsibility.

(4) Contaminant remediation in the event of a spill or pollutant release from the facility.

(5) Monitoring necessary to evaluate the facility's performance or if any contaminants are present.

(6) Follow up inspections in the event of a spill, pollutant release or device failure.

(d) The completed application shall be submitted not less than 30 days in advance of commencing work, along with a fee in an amount and form as shall be set by resolution of the City Council.

(e) The application shall be approved if the applicant has furnished all requested information; applicant has complied with all other applicable City ordinances and State and Federal regulations; and the Director of Public Works determines that proposed control measures for stormwater pollution prevention are sufficient to assure compliance with this chapter.

(f) The permit shall be granted upon receipt of an approved application, and cash deposit in an amount and form as shall be set by resolution of the City Council.

(g) The cash deposit shall guarantee to the City that the permittee will comply with the terms and conditions of the contractual obligation assumed in accepting the permit and will construct or otherwise implement all best management practices for stormwater pollution prevention that permit requires, to the satisfaction of the Director of Public Works, and that said person will bear the cost of all cleanup required for illicit discharges to the storm drain system, and placement and subsequent removal of temporary construction and erosion control measures as may be required to assure compliance with the provisions of this chapter.

(h) On the completion of work and any required cleanup and restoration thereof to the satisfaction of the Director of Public Works upon inspection, at the request of the permittee, the balance of any cash deposit remaining shall be returned to the person making the deposit. Such release or return of the cash deposit shall not waive any rights of the City nor obligations of the permittee as to any latent or concealed defect in any repair or restoration which was, or should have been, performed under the permit. Where latent or concealed defects are discovered after the permittee has had his or her cash deposit returned, the Director of Public Works shall notify the permittee of this discovery, who shall, within three (3) days of such notification, undertake to correct such defects as exist, or shall be liable to the City for the cost of performing, or having performed, such correction.

(i) Upon the failure or neglect of the permittee to install and/or maintain stormwater pollution prevention control measures, or cause to be removed dirt, debris or materials, or to complete such restoration upon the completion of the proposed work, as required by the permit, within three (3) days after being notified to do so by the Director of Public Works, the money so deposited as a guaranty, or so much thereof as may be necessary, shall be used by the Director of Public Works to install and/or maintain stormwater pollution prevention control measures, or cause to be removed dirt, debris or materials, or to complete such restoration upon the completion of the proposed work, as required by the permit. If the amount on deposit should be inadequate, or has been returned or released, the Director of Public Works shall cause the permittee to be billed by the City for the full amount of such costs borne by the City, including administrative overhead, as are incurred in performing, or having performed, the work for which the permittee is obligated to have performed hereunder.

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7.39.190 PERMIT ISSUANCE—MODIFICATION—SUSPENSION—REVOCATION.

(a) The Director of Public Works may issue such permits, permitted by this chapter, with such modification as he or she may deem advisable, or deny such applications for permits, or suspend or revoke an issued permit as set forth in this chapter.

(b) A permittee notified of the intent of the Director of Public Work to modify, suspend, or revoke the permit shall immediately comply with directives of the Director of Public Works or cease and desist the activity in noncompliance with the permit pending any hearing that the user may request as set forth in this chapter.

(c) The Director of Public Works shall reissue or reinstate a permit upon proof of satisfactory ability to comply with all permit terms, conditions, and requirements, and upon payment of any costs, fines, or penalties which may be assessed. The Director of Public Works may require the permittee to develop and implement a compliance schedule to ensure attainment of prompt and full compliance of permit terms, conditions, and requirements.

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7.39.200 APPEALS AND HEARING PROCEDURES.

(a) Any person affected by any decision, action or determination, including administrative remedies, made in interpreting or implementing the provisions of this chapter may appeal therefore to the City of San Mateo Sustainability and Infrastructure Commission.

(b) The appeal must be filed with the Public Works Department, in writing, including any required fees, within 10 days after such action. The appeal shall designate with particularity the decision, action or determination appealed from and the remedy or relief sought by way of the appeal. If an appeal is not filed within such period, applicant shall be barred for a period of six (6) months from date of the original application from making further application with reference to the same matter. The appeal shall be filed within such period with the Commission secretary, who shall set the hearing thereon for the next regular meeting of the Commission, provided such next regular meeting is to be held not less than 10 days from the date of filing such appeal. If such meeting is to be held within less than 10 days thereafter, such hearing shall be set for the regular meeting next subsequent thereto.

(c) At the hearing, the Commission shall receive all evidence offered by applicant and the City, and may hear other evidence with reference thereto, and may continue such hearing from time to time.

(d) At the conclusion of such hearing, the Commission shall make its findings thereon. If it finds that the initial decision, action or determination that is appealed from is consistent with the provisions and policies of this chapter and is not otherwise injurious to the public health, safety or welfare, then the appeal shall be denied. If it finds that the initial decision, action or determination is either inconsistent with the provisions and policies of this chapter or is otherwise injurious to the public health, safety or welfare, then the Commission may sustain the appeal and in its decision grant any remedy or relief sought by the appellant, or such other relief as it deems appropriate, that is consistent with the provisions and policies of this chapter. The decision of the Commission may be appealed to the City Council by any interested person by filing an application with the City Clerk's office, including any required fees, within 10 calendar days of the decision. The decision of the Council shall be final and conclusive.

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7.39.210 STORMWATER TREATMENT FACILITIES.

(a) The Director may require that permanent stormwater treatment facilities be designed into projects. Stormwater treatment facilities shall be designed to minimize the need for maintenance. All designs shall be approved by the Director of Public Works and must be in accordance with all applicable City standards or requirements.

(b) The treatment facility must control the discharge of pollutants and/or peak runoff rates to the performance standards designated by the City.

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7.39.220 STORMWATER TREATMENT FACILITY OWNERSHIP.

(a) A facility owner can be: (1) the owner of the property on which the facility is installed; (2) a homeowners or property owners association; (3) the City. The ownership of a treatment facility must be recorded with the property deed of trust.

(b) The property owner must show adequate proof to the City that they will be able to adequately finance routine maintenance and repairs to a level approved by the Director of Public Works.

(c) The ownership of the treatment facility and any necessary easements may be granted to the City, but only with the written consent and approval of the City.

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7.39.230 STORMWATER TREATMENT FACILITY MAINTENANCE.

(a) Responsibility and repair of all stormwater treatment facilities shall be the responsibility of the facility owner. The facility owner may transfer maintenance responsibility to the City, but only with the written consent of the City. The facility owner shall remain liable for any spill or contaminant release or facility replacement or repair.

(b) All treatment facilities shall be maintained according to the requirements outlined by the City and documented in an operating permit or maintenance agreement. The facility owner shall provide the City with proof of maintenance in an annual report. The City has the right to mandate a maintenance schedule for the treatment facility as outlined in the operating permit or maintenance agreement.

(c) A notification that the property owner comply with all City stormwater pollution prevention program requirements shall be recorded with the property deed of trust.

(d) If maintenance is provided by a third party (other than the facility owner or the City), the facility owner shall provide City with a copy of the agreement with the third party vendor. The facility owner is still required to comply with a stormwater program operating permit or a maintenance agreement with the City and issue the City a performance bond. The facility owner shall still be held liable for any spill or contaminant release even if the event was caused due to negligence on behalf of the third party.

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7.39.235 STORMWATER MANAGEMENT PERMIT.

(a) No property that is required to install, operate, and maintain stormwater treatment facilities, or maintain parking lots, storm drain inlets, or other facilities for stormwater pollution prevention as specified in project conditions, shall be approved without first obtaining a Stormwater Management (SWM) permit from the Director of Public Works.

(b) A SWM permit shall conform to the same procedures as for the stormwater pollution prevention construction permit except for the following: Stormwater treatment facilities presently in operation are subject to the requirements of this section.

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7.39.240 ALTERATIONS TO STORM DRAIN SYSTEM.

It is unlawful for any person to alter any City storm drain line, pump, or other fixture without the written permission of the Director of Public Works.

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7.39.245 THREATENED DISCHARGE

(a) It is unlawful to discharge any domestic waste or industrial waste into storm drains, gutters, creeks, or San Francisco Bay. Unlawful discharges to storm drains shall include, but not be limited to, discharges from toilets; sinks; industrial processes; cooling systems; boilers; fabric cleaning; equipment cleaning; vehicle cleaning; construction activities, including, but not limited to, painting, paving, concrete placement, sawcutting and grading; swimming pools; spas; and fountains, unless specifically permitted by a discharge permit or unless exempted pursuant to guidelines published by the Director of Public Works.

(b) It is unlawful to cause hazardous materials, domestic waste or industrial waste to be deposited in such a manner or location as to constitute a threatened discharge into storm drains, gutters, creeks or San Francisco Bay. A "threatened discharge" is a condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property or natural resources. Domestic or industrial wastes that are no longer contained in a pipe, tank or other container are considered to be threatened discharges unless they are actively being cleaned up.

(c) Interior floor drains shall not be connected to storm drains.

(d) Exterior drains located in the following areas shall not be connected to storm drains:

(1) Equipment or vehicle washing areas;

(2) Areas where equipment fluids are routinely changed;

(3) Areas where hazardous materials, chemicals or other uncontained materials that are easily transported by wind or water are stored and are not secondarily contained; or

(4) Loading dock areas, except that loading dock drains to the storm drain system may be allowed if a valve or equivalent device is provided, which remains closed except when it is raining. Secondary containment shall be provided for any rooftop equipment, tanks or pipes containing other than potable water, cooling water, heating system hot water, steam, water condensate or equivalent substances, which the superintendent determines will otherwise cause a probable discharge to the storm drain system.

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7.39.250 COMPLIANCE WITH CHAPTER.

(a) Failure to comply with terms, conditions, or requirements of a stormwater pollution prevention permit, stormwater treatment facilities permit or maintenance agreement, compliance directive or other written notice, including, but not limited to, discharge standards, monitoring requirements, or reporting requirements, shall constitute noncompliance with this chapter.

(b) The omission to act by the Director of Public Works and/or the failure of the Director of Public Works to take cognizance of the nature of the operation of the user and/or the properties of the user's discharge shall not relieve the user of the responsibility to comply with the provisions of this chapter. It is the responsibility of the user to make determinations as to the nature of its operation and waste discharge characteristics and to take such actions as may be required under this chapter prior to any discharge into any sanitary sewer system, whether or not the user has been informed by the Director of the requirements which may apply to the user regarding its discharge.

(c) Liability for damages as a result of any discharges in violation of this chapter shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify, and hold harmless the City in any administrative or judicial enforcement action relating to such discharges.

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7.39.260 REMEDIES NONEXCLUSIVE.

Enforcement remedies provided for in this chapter are not exclusive. The City may take all, or any combination of these actions against a person, as well as any other enforcement remedies which the City may have available.

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7.39.270 ADMINISTRATIVE REMEDIES.

(a) Notice of Violation. Whenever an authorized enforcement official finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants entering the storm drain system, the official may serve a notice that enumerates the violations found, and order compliance by a date certain.

(b) Administrative Compliance Order. Whenever an authorized enforcement official finds that a discharge to the storm drainage system is taking place or threatening to take place in violation any provision of this chapter or a permit or order issued hereunder, an authorized enforcement official may require the person to submit for approval of the authorized enforcement official, with such modifications as the authorized enforcement official deems necessary, a detailed compliance schedule that the person shall take in order to correct said violation(s), or prevent future recurrences of said violation(s). A compliance order does not relieve the person of liability for any violation, including any continuing violation.

(c) Cease and Desist Order. Whenever an authorized enforcement official finds that a discharge to the storm drainage system is taking place or threatening to take place in violation of this chapter or any permit or order issued hereunder, or that the person's past violations are likely to recur, an authorized enforcement official may issue an order to cease and desist and direct that the person in violation immediately comply with all requirements, and take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

(d) Administrative Civil Penalties. The City may serve an administrative complaint on any person who has violated, or continues to violate, any provision of this chapter. Each day on which each instance of noncompliance shall occur or continue shall be deemed a separate and distinct violation. Procedures for application of administrative civil penalties shall be in accordance with standard procedures adopted by the City.

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7.39.280 VIOLATIONS DEEMED A PUBLIC NUISANCE.

(a) In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated and/or restored by any authorized enforcement official, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the City Attorney.

(b) The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within three (3) months after the completion by the authorized enforcement official of the removal of the nuisance and the restoration of the property to its original condition, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.

(c) If any violation of this chapter constitutes a seasonal and recurrent nuisance, the City Council shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.

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7.39.290 CIVIL PENALTIES.

Any person who has violated or continues to violate the provisions of this chapter or any order or permit issued hereunder, shall be subject to the imposition of civil penalties pursuant to Chapter 1.11 of this Code.

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7.39.300 CRIMINAL PENALTIES.

A person who intentionally or negligently makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, or who willfully or negligently introduces any substance into the storm drain system which causes personal injury or property damage shall be guilty of a public offense. Any penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.

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7.39.310 CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1094.6—APPLICABILITY.

The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to judicial review of City decisions pursuant to this chapter.

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7.39.320 COORDINATION WITH OTHER PROGRAMS.

The first revision of the business plan for any facility subject to the City's hazardous materials inventory and response program shall include a program for compliance with this chapter, including the prohibitions on non-stormwater discharges and illicit discharges, and the requirement to reduce stormwater pollutants to the maximum extent practicable.

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Chapter 7.40 SMOKING CONTROL

7.40.010 FINDINGS AND PURPOSE.

The City Council of the City of San Mateo hereby finds that:

(a) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and

(b) Reliable studies have shown that breathing second-hand smoke, which has been classified as a carcinogen, is a significant health hazard for all persons; and

(c) Health hazards induced by breathing second-hand smoke include lung cancer, respiratory function, bronchoconstriction, and bronchospasm; and

(d) Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing second-hand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same; and

(e) There have been some studies that indicate that there are second-hand effects to those exposed to electronic cigarette vapors; and

(f) Accordingly, the City Council finds and declares that the purpose of this chapter is to protect the public health and welfare by prohibiting smoking in public places, places of employment, and multi-unit residences as set forth herein.

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7.40.020 DEFINITIONS.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

(a) "Dining area" means any indoor or outdoor area which is available to, or customarily used by, the general public and which is designed, established or regularly used for consuming food or drink.

(b) "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit entity.

(c) "Employer" means any person, partnership, corporation, or non-profit entity, including a municipal corporation, who employs the services of one or more persons.

(d) "Enclosed" means closed in by a roof and four walls with appropriate openings for ingress, egress, and windows.

(e) "Multi-unit residence" means residential property containing two or more units, with one or more shared wall, floor, ceiling, roof, or ventilation system, including apartments, condominiums, duplexes or townhomes and their patios and balconies. A multi-unit residence does not include:

(1) A hotel or motel that meets the requirements set forth in California Civil Code Section 1940(b)(2);

(2) A residential care facility or assisted living facility governed by federal or state community care licensing regulations;

(3) A detached single-family residence.

(f) "Multi-unit residence common area" means any indoor or outdoor common area of a multi-unit residence accessible to and usable by residents of different units, including halls and paths, lobbies, laundry rooms, common cooking areas, outdoor eating areas, play areas, shared patios, shared balconies, shared restrooms, elevators and stairwells, swimming pools, carports, garages and parking areas.

(g) "Non-profit entity" means any corporation, unincorporated association, or other entity created for charitable, educational, political, social, or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a "non-profit entity" within the meaning of this section.

(h) "Public place" means any enclosed or unenclosed area to which the public is invited or in which the public is permitted, including banks, bars, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, streets and sidewalks, theaters, and waiting rooms.

(i) "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories.

(j) "Service area" means any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more persons to receive a service, wait to receive a service or to make a transaction, whether or not such a service or transaction includes the exchange of money. The term "service area" includes, but is not limited to, information kiosks, automatic teller machines (ATMs), ticket lines, bus stops, train stations, mobile vendor lines or taxi stands.

(k) "Smoking" means possessing a lighted or ignited tobacco, nicotine or marijuana product or paraphernalia; or engaging in an act that generates smoke (including, but not limited to, possessing a lighted or ignited pipe, hookah pipe, cigar, electronic cigarette or cigarette of any kind); or lighting or igniting a pipe, hookah pipe, cigar, electronic cigarette or a cigarette of any kind. Smoking includes the use of any product which emits smoke in the form of gases, particles, vapors or other byproducts released by electronic cigarettes, tobacco cigarettes, herbal cigarettes, marijuana cigarettes and any other type of cigarette, pipe or other implement for the purpose of inhalation of vapors, gases, particles or their byproducts released as a result of combustion or ignition.

(l) "Tobacco product" means any substance containing tobacco leaf, including cigarettes, cigars, loose tobacco, snuff or any other preparation of tobacco which may be used for smoking, chewing, inhalation or other means of ingestion; and any electronic cigarette or other electronic device used to generate smoke; and any product or formulation or matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for the use in treating nicotine or tobacco dependence.

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7.40.030 PROHIBITION OF SMOKING IN CITY FACILITIES AND ON CITY PROPERTY.

(a) Smoking is prohibited in all buildings, vehicles and other enclosed areas owned or leased by the City of San Mateo or otherwise operated by the City of San Mateo.

(b) Smoking is prohibited in all outdoor areas owned or leased by the City of San Mateo, including parking lots, park properties and facilities, golf courses, and any of the grounds surrounding the buildings, facilities or areas owned or leased by the City of San Mateo, excluding streets and sidewalks.

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7.40.040 PROHIBITION OF SMOKING IN PUBLIC PLACES.

(a) Smoking is prohibited in all enclosed public places except hotel and motel lodging rooms rented to guests, provided that not more than 50% of the rooms may be designated as rooms where smoking is allowed.

(b) Smoking is prohibited in the following unenclosed public places:

(1) Service areas.

(2) Dining areas.

(3) Lagoons and waterways.

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7.40.050 PROHIBITION OF SMOKING IN MULTI-UNIT RESIDENCES.

(a) Smoking is prohibited inside any multi-unit residence or within 40 feet of a multi-unit residence.

(b) Smoking is prohibited within any enclosed or unenclosed multi-unit residence common area.

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7.40.060 WHERE SMOKING NOT REGULATED.

Notwithstanding any other provisions of this chapter to the contrary, private vehicles and detached single-family residences, except during the time that the residence is used as a child care or a health care facility, shall not be subject to the smoking restrictions of this chapter.

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7.40.080 VIOLATIONS AND ENFORCEMENT.

(a) Any violation of this chapter is punishable as specified in Title 1 of the San Mateo Municipal Code.

(b) Causing, permitting, aiding, abetting or concealing a violation of any provisions of this chapter shall also constitute a violation of this chapter.

(c) Any violation of the provisions of this chapter are declared to be a public nuisance and may be abated by appropriate civil action, including injunction.

(d) The remedies provided by this section are cumulative and are in addition to any other remedy existing at law or in equity.

(e) Any aggrieved person under this chapter may bring a civil action as a private enforcer to compel compliance with this chapter, provided that the aggrieved person shall have first requested in writing that the City of San Mateo take enforcement action and the City of San Mateo shall have failed to do so after 45 days. Upon proof of violations by the private enforcer in a civil action, a court shall grant all appropriate relief, including: (1) awarding damages; and/or (2) issuing an injunction.

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7.40.090 NONDISCRIMINATION.

No person shall discharge, refuse to hire, or in any manner discriminate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this chapter.

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7.40.100 VENDING MACHINES—SALES PROHIBITED.

No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a vending machine or appliance, or other device designed or used for vending purposes, whether such sale or distribution is by cash, pre-paid ticket/card, or otherwise.

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7.40.110 SELF-SERVICE DISPLAYS PROHIBITED.

(a) No person, firm, association, or corporation shall sell, permit to be sold, or offer for sale any cigarette or other tobacco product by means of self-service displays or by any means other than vendor-assisted sales.

(b) Self-service display shall mean an open display of tobacco products that the public has access to without the intervention or assistance of an employee. Vendor assisted shall mean that only a store employee has access to the tobacco product and assists the customer by supplying the product.

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7.40.120 Sale of Electronic Cigarettes Prohibited

(a) No person or tobacco retailer shall sell or distribute any Electronic Cigarette.

(b) For the purposes of this section, the following definitions shall govern:

(1) "Distribute" or "Distribution" means the transfer by any person other than a common carrier, at any point from the place of manufacture or thereafter to a Person who sells the electronic cigarette or other electronic smoking device.

(2) "Electronic Cigarette" has the meaning set forth in Section 30121 of the California Revenue and Taxation Code, as may be amended from time to time.

(3) "Person" means any individual, partnership, cooperative association, private corporation, or any other legal entity.

(4) "Tobacco Retailer" means any person that engages in the retail sale or exchange of tobacco products (as defined in subsection (l) of section 7.40.020 of this Code).

(5) "Sell", "Sale" or "to Sell" mean any transaction where, for any consideration, ownership is transferred from one Person or entity to another including, but not limited to any transfer of title or possession for consideration, exchange or barter, in any manner or by any means.

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7.40.130 Sale of Flavored Tobacco Prohibited

(a) The sale or offer for sale, by any person or tobacco retailer of any flavored tobacco product is prohibited and no person or tobacco retailer shall sell, or offer for sale, any flavored tobacco product.

(b) There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer's agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor including, but not limited to, text, color, and/or images on the product's labeling or packaging that are used to explicitly or implicitly communicate that the tobacco product has a characterizing flavor.

(c) For the purposes of this section, the following definitions shall govern:

(1) "Characterizing flavor" means a distinguishable taste or aroma or both, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product. Characterizing flavors include, but are not limited to, tastes or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that constitutes a characterizing flavor.

(2) "Constituent" means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet that is added by the manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product.

(3) "Distinguishable" means perceivable by either the sense of smell or taste.

(4) "Flavored tobacco product" means any tobacco product that contains a constituent that imparts a characterizing flavor.

(5) "Labeling" means written, printed, pictorial, or graphic matter upon any tobacco product or any of its packaging.

(6) "Packaging" means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a tobacco product is sold, or offered for sale, to a consumer.

(7) "Tobacco product" is defined as set forth in subsection (l) of Section 7.40.020 of this Code.

(8) "Tobacco Retailer" means any person that engages in the retail sale or exchange of tobacco products.

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7.40.140 Sale of Tobacco Products in Pharmacies Prohibited

(a) No pharmacy or pharmacy employee or agent shall sell or offer for sale any tobacco product.

(b) No new tobacco retailer permit may be issued to a pharmacy under Chapter 7.41 of this Code.

(c) No existing tobacco retailer permit issued under Chapter 7.41 of this Code may be renewed by a pharmacy.

(d) For the purposes of this section "pharmacy" means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals.

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Chapter 7.41 TOBACCO RETAILER PERMIT

7.41.005 Definitions.

(a) "Characterizing Flavor" means a distinguishable taste or aroma, or both, other than the taste or aroma of tobacco, imparted by a Tobacco Product or any byproduct produced by the Tobacco Product. Characterizing flavors include, but are not limited to, tastes or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A Tobacco Product shall not be determined to have a Characterizing Flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that constitutes a Characterizing Flavor.

(b) "Constituent" means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet that is added by the manufacturer to a Tobacco Product during the processing, manufacture, or packing of the Tobacco Product.

(c) "Consumer" means a person who purchases a Tobacco Product for consumption.

(d) "Coupon" means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.

(e) "Director" means the Chief of San Mateo County Health, or designee.

(f) "Distinguishable" means perceivable by either the sense of smell or taste.

(g) "Electronic Smoking Device" means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e- hookah. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine, and whether natural or synthetic. "Electronic Smoking Device" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

(h) "Flavored Tobacco Product" means any Tobacco Product that contains a Constituent that imparts a Characterizing Flavor.

(i) "Full Retail Price" means the price listed for a Tobacco Product on its Packaging or on any related shelving, advertising, or display where the Tobacco Product is sold or offered for Sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price.

(j) "Labeling" means written, printed, pictorial, or graphic matter upon any Tobacco Product or any of its packaging.

(k) "Packaging" means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a Tobacco Product is sold, or offered for Sale, to a Consumer.

(l) "Permit" or "Tobacco Retailer Permit" means a valid permit issued by the Director to a Person to act as a Tobacco Retailer.

(m) "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other entity.

(n) "Pharmacy" means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for Sale, regardless of whether the retail establishment Sells other retail goods in addition to prescription pharmaceuticals.

(o) "Sale" or "Sell" means transfer to, exchange, barter, or distribute for a commercial purpose.

(p) "Self-Service Display" shall be defined as the open display or storage of Tobacco Products in a manner that is physically accessible to the general public without the assistance of the retailer or employee of the retailer and a direct face-to-face transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.

(q) "Tobacco Paraphernalia" means any item designed or marketed for the consumption, use, or preparation of Tobacco Products.

(r) "Tobacco" or "Tobacco Product(s)" means:

(1) any product containing, made of, or derived from tobacco or nicotine, whether natural or synthetic, that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;

(2) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine, and whether natural or synthetic; or

(3) any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, whether natural or synthetic, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.

(4) "Tobacco Product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

(s) "Tobacco Product Flavor Enhancer" means a product designed, manufactured, produced, marketed or Sold to produce a Characterizing Flavor when added to a Tobacco Product.

(t) "Tobacco Retailer" means any Person who Sells, or offers for Sale, Tobacco Products. This definition is without regard to the quantity of Tobacco Products sold or offered for Sale.

(u) "Youth-Populated Area" means a parcel of real property that is occupied, in whole or in part, by any of the following:

(1) a private or public school that educates children in grades kindergarten through high school;

(2) a library that is open to the public;

(3) a playground that is open to the public;

(4) a youth center, defined as a facility where children ages 6 to 17 come together for programs and activities;

(5) a recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes. "Recreation facility" includes, but is not limited to, a gymnasium, playing court, playing field, and swimming pool;

(6) a public or private college or university that serves as an institution for education beyond the high school level;

(7) a licensed child-care facility or preschool, other than a small-family day care home or a large-family daycare home as defined in California Health & Safety Code § 1596.78.

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7.41.010 Requirement for a Permit.

(a) No Tobacco Retailer or other Person shall Sell or offer for Sale any Tobacco Product without a current and valid Tobacco Retailer Permit from San Mateo County for each location where such activities are conducted.

(b) Permits are valid for one year and must be timely renewed annually by the Permit holder in order to continue to sell or offer for sale any Tobacco Product. A Retailer must obtain a separate Permit for each location at which any Tobacco Product will be sold, offered for sale or distributed. A Permit that is not renewed in a timely manner shall expire at the end of its term, and the Tobacco Retailer must obtain a new Permit prior to any further sale, offer for sale, or distribution of any Tobacco Product.

(c) No Tobacco Retailer shall violate, or cause or allow the Tobacco Retailer's agents or employees to violate, any provision of this Chapter or any other local, state, or federal law applicable to Tobacco Products or Tobacco Retailing.

(d) Tobacco Retailers are responsible for the actions of their employees and agents relating to the sale, offer to sell, and furnishing of tobacco products at the retail location. The sale of any tobacco product by an employee shall be considered an act of the tobacco retailer and the permit holder shall be responsible for any monetary penalties levied.

(e) Nothing in this Chapter shall be construed to penalize the purchase, use, or possession of a Tobacco Product by any Person not engaged in Tobacco Retailing.

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7.41.015 Permit Conveys a Limited, Conditional Privilege.

Nothing in this Chapter shall be construed to grant any Person or entity obtaining and maintaining a Permit any status or right other than the limited, conditional privilege to Sell Tobacco Products and act as a Tobacco Retailer at the location in the County identified on the face of the Permit for the period of time shown on the Permit. All Permits are issued subject to the County's right to amend this Chapter from time to time, and Retailers shall comply with all provisions of this Chapter, as amended.

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7.41.020 Application, Issuance and Renewal Procedure.

(a) Application for a Tobacco Retailer's Permit or the renewal of a Tobacco Retailer Permit shall be submitted in the name of the Person proposing to conduct retail sales of Tobacco Products, referred to herein as the "Applicant," and shall be signed by such Person or an authorized agent thereof. All applications shall be submitted to the Director on a form supplied by the Director and contain, at a minimum, the following information:

(1) The name, address, and telephone number of the Applicant;

(2) The business name, address, and telephone number of the location where Tobacco Products are proposed to be sold, offered for sale or distributed by the Applicant; and

(3) Proof that the location for which a Tobacco Retailer's Permit is sought has been issued a valid state license for the sale of Tobacco Products, if the Tobacco Retailer sells products that require such license;

(4) A statement whether or not the Tobacco Retailer or any agent of the Retailer has been found to have violated this Chapter or other applicable law governing Tobacco Products or Tobacco Retailing and, if so, the dates and locations of all such violations within the previous five years; and

(5) Such other information as the Director determines is necessary for implementation of this Chapter.

(6) An application for a new or renewal Permit will be denied if there are any outstanding fines or late fees issued by the Director, or during any period of suspension.

(7) It is the responsibility of each Permit holder to be informed regarding all laws applicable to Tobacco Retailing, including those laws affecting the issuance of a Tobacco Retailer Permit. No Permit holder may rely on the issuance of a Permit as a determination by San Mateo County that the Permit holder has complied with all laws applicable to Tobacco Retailing. A Permit issued contrary to this Chapter or any other law, or on the basis of false or misleading information supplied by the Applicant, shall be revoked. Nothing in this Chapter shall be construed to vest in any person or entity obtaining or maintaining a Tobacco Retailer's Permit any status or right to act as a Tobacco Retailer in contravention of any provision of law.

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7.41.030 Display of Permit.

Upon receipt of an application for a Tobacco Retailer's Permit in compliance with the requirements of this Chapter, the Director or designee may issue a Permit which, if issued, must be prominently displayed in a publicly visible location at the location where Tobacco Product Sales are conducted and permitted.

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7.41.031 Prohibitions Regarding Coupons, Discounts, Pharmacies, Flavored Tobacco, and Electronic Smoking Devices.

(a) No Tobacco Retailer shall do any of the following:

(1) Honor or redeem, or offer to honor or redeem, a Coupon to allow a Consumer to purchase a Tobacco Product for less than Full Retail Price;

(2) Sell any Tobacco Product to a Consumer through a multiple package discount or otherwise provide any such product to a Consumer for less than the Full Retail Price in consideration for the purchase of any Tobacco Product or any other item; or

(3) Provide any free or discounted item to a Consumer in consideration for the purchase of any Tobacco Product.

(b) No Person, Tobacco Retailer or other legal entity shall sell or distribute to a person any electronic smoking device that delivers natural or synthetic nicotine or any other substance(s) to the person inhaling from the device. This includes any component, part, or accessory intended or reasonably expected to be used with the electronic device, whether or not sold separately.

(c) No Person or Tobacco Retailer shall sell or offer to sell any Flavored Tobacco Product or Tobacco Product Flavor Enhancer. There shall be a rebuttable presumption that a Tobacco Product is a Flavored Tobacco Product if a manufacturer or any of the manufacturer's agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the Tobacco Product has or produces a Characterizing Flavor including, but not limited to, text, color, and/or images on the product's labeling or packaging that are used to explicitly or implicitly communicate that the Tobacco Product has a Characterizing Flavor.

(d) No Pharmacy or Pharmacy employee or agent shall sell or offer to sell any Tobacco Product. The Director shall not issue any new, or renew any existing, Tobacco Retailer Permit for any Pharmacy.

(e) Subdivisions (b) and (c) of this Section shall not apply to the duty- free stores located at the San Francisco International Airport.

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7.41.032 Packaging and Labeling.

No Tobacco Retailer or other Person shall Sell or offer for Sale any Tobacco Product to any Consumer unless the Tobacco Product (1) is Sold in the original manufacturer's Packaging intended for Sale to Consumers; (2) conforms to all applicable federal Labeling requirements; and (3) conforms to all applicable child-resistant packaging requirements.

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7.41.033 Self-Service Displays Prohibited; On-site, In-Person Sales Required.

(a) Tobacco Retailing by means of a Self-Service Display is prohibited.

(b) All Sales of Tobacco Products and Tobacco Paraphernalia shall be conducted in- person, over the counter, in the permitted location.

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7.41.034 Notice of Minimum Age for Purchase of Tobacco Products

Tobacco Retailers shall post conspicuously, at each point of purchase, a notice stating that Selling Tobacco Products to anyone under 21 years of age is illegal and subject to penalties. The form and content of such notice shall be subject to the approval of the Director.

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7.41.035 Positive Identification Required.

No Tobacco Retailer or other Person shall Sell or offer to Sell a Tobacco Product to another Person without first verifying by means of government-issued photographic identification that the recipient is at least the minimum legal sales age required under state law to purchase a Tobacco Product.

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7.41.036 Minimum Age for Individuals Selling Tobacco Products.

No Tobacco Retailer shall allow, at its Retail location, any individual who is younger than 21 years of age to Sell or offer to Sell Tobacco Products.

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7.41.037 Display or Offers to Sell Tobacco Products Without Tobacco Retailer Permit Prohibited

(a) A Tobacco Retailer without a current valid Permit:

(1) Shall keep all Tobacco Products out of public view. The public display of Tobacco Products in violation of this provision shall constitute Tobacco Retailing without a Permit.

(2) Shall not display any advertisement relating to Tobacco Products that offers the Sale of such products from the Tobacco Retailer's location.

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7.41.038 Limits on Eligibility for a Permit.

(a) No Tobacco Retailer's Permit may be issued to authorize Tobacco Retailing at or from other than a fixed location. For example, Sales by Persons on foot or from vehicles or other forms of mobile vending are prohibited.

(b) No Tobacco Retailer's Permit may be issued to authorize Sales of Tobacco Products at a temporary event, such as flea markets and farmers' markets.

(c) No new Tobacco Retailer Permit may be issued to authorize Tobacco Product Sales at any location within 1,000 feet of a Youth-Populated Area, as measured by a straight line from the nearest point of the property line of any parcel on which a Youth-Populated Area is located and any point along the property line of the parcel on which the Permit applicant has or proposes to locate the business.

(d) No new Tobacco Retailer's Permit may be issued for a location which is within 500 feet of a location already occupied by another Tobacco Retailer, as measured by a straight line from the nearest point of the property line of the parcel on which the applicant's business is located to the nearest point of the property line of the parcel on which an existing Tobacco Retailer's business is located.

(e) Tobacco Retailers with a current and valid Permit as of the date of adoption of this ordinance shall be exempt from subsections (c) and (d) of this Section unless the existing Tobacco Retailer fails to timely renew the Permit prior to its annual expiration.

(f) The Sale of Tobacco Products and accessories is prohibited in County owned structures and in any area of a structure leased by the County, wherever located.

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7.41.040 Fees for Permit

Tobacco retailers shall pay all applicable fees at the rates set forth in Section 5.64.070 of the San Mateo County Code. Fees shall be used by the Director to administer and enforce this chapter.

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7.41.050 Permit is Nontransferable.

(a) Tobacco Retailer Permits are nontransferable as between Persons, locations, or otherwise. Any attempted transfer shall render the Permit null and void.

(b) Notwithstanding any other provision of this Chapter, prior violations of this Chapter at a location shall continue to be counted against that location and Permit ineligibility and suspension periods shall continue to apply to that location unless:

(1) One hundred percent of the interest in the stock, assets, or income of the business, other than a security interest for the repayment of debt, has been transferred to the new owner(s); and

(2) The County is provided with clear and convincing evidence, including an affidavit, that the business has been acquired in an Arm's Length Transaction. An Arm's Length Transaction, for the purposes of this section, means a transaction in which two or more unrelated and unaffiliated parties agree on the transfer in question; the parties act independently and in their own self-interest; and the parties have equal bargaining power and symmetric information, leading the parties to agree upon fair-market terms.

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7.41.060 Enforcement.

(a) The Director or the Director's designee shall enforce this Chapter consistent with the provisions herein.

(b) Violations of this Chapter may be criminally prosecuted as infraction(s) or misdemeanor(s) at the discretion of the prosecuting attorney as the interests of justice require.

(c) This Section shall not be interpreted to limit the applicable civil or administrative remedies available under law.

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7.41.065 Public Nuisance.

Any violation of this Chapter is hereby declared a public nuisance, subject to all applicable civil, administrative, and criminal remedies and penalties according to the provisions and procedures of contained in the San Mateo County Code and state law, including but not limited to, an action for abatement or injunctive relief.

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7.41.068 Compliance Monitoring.

(a) Compliance with this Chapter shall be monitored by the Director. In addition, any peace officer may enforce the provisions of this Chapter. The Director may designate additional persons to monitor and facilitate compliance with this Chapter.

(b) Individuals designated to enforce the provisions of this Chapter shall inspect each Tobacco Retailer at least two times during each twelve-month period to determine if the Tobacco Retailer is complying with all applicable laws. Compliance checks shall take place during normal business hours, with or without notice. If a violation has occurred, the Tobacco Retailer shall be inspected again within three months. All permitted premises must be open to inspection by designated persons during regular business hours.

(c) Nothing in this section shall create a right of action in any Tobacco Retailer or other person or entity against the County or its agents.

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7.41.070 Suspension or Revocation of Permit.

(a) Grounds for Suspension or Revocation.

(1) A Tobacco Retailer Permit may be suspended or revoked, as set forth below in subdivision (b), if any court of a competent jurisdiction determines, or the Director finds, based on a preponderance of the evidence after notice and opportunity for the Tobacco Retailer to be heard, that either of the following violations have occurred:

(A) After the Permit was issued it is determined that the Application for the Permit is incomplete or inaccurate.

(B) The Tobacco Retailer or Tobacco Retailer's agent has violated any of the requirements, conditions, or prohibitions of this Chapter or any applicable local, state, or federal tobacco-related law.

(2) Notwithstanding the foregoing, a Tobacco Retailer Permit shall be suspended or revoked, for the maximum time periods and as set forth in subdivision (b), if any court of competent jurisdiction determines, or the Director finds, based on a preponderance of evidence and after notice and opportunity for the Tobacco Retailer to be heard, that the Tobacco Retailer, or any agent or employee of the Tobacco Retailer, has Sold Tobacco Products to any Person(s) under the age of 21 years.

(b) Time Period of Suspension of Permit.

(1) Upon the first violation within any sixty (60) month period, the Permit to Sell Tobacco Products may be suspended for up to 30 days.

(2) Upon the second violation within any sixty (60) month period, the Permit to Sell Tobacco Products may be suspended for up to 90 days.

(3) Upon the third violation within any sixty (60) month period, the Permit to Sell Tobacco Products may be suspended for up to one year.

(4) Upon the fourth violation within any sixty (60) month period, the Permit to Sell Tobacco Products shall be revoked. If a Permit is revoked, the Retailer shall not be eligible for a new Permit for a period of five (5) years after the effective date of revocation.

(c) Effective Date of Suspension or Revocation. Within ten (10) calendar days of the hearing, the Director shall issue written findings and an order regarding the suspension or revocation, which order will be effective ten (10) calendar days from the date such order was sent by certified mail to the Retailer, unless a timely appeal is filed in accordance with subsection (d).

(d) Appeal of Suspension or Revocation. The decision of the Director is appealable to the San Mateo County Licensing Board and the procedural rules of the San Mateo County Licensing Board shall govern hearings on all appeals of suspensions and revocations.

(1) An appeal must be in writing, be addressed to the Director and be hand- delivered to the offices of the Division of Environmental Health.

(2) An appeal must be received by the Director before the effective date of suspension or revocation provided by subsection (c) in order to be considered.

(3) The filing of a timely appeal will stay a suspension or revocation pending a decision on the appeal by the San Mateo County Licensing Board.

(4) The decision of the San Mateo County Licensing Board shall be a final administrative order, with no further administrative right of appeal.

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7.41.080 Administrative Fine.

(a) Grounds for Fine. A fine shall be imposed on a Tobacco Retailer upon findings made by the Director, based on a preponderance of the evidence, that any Tobacco Retailer, or any agent or employee of the Tobacco Retailer, has violated any of the requirements, conditions, or prohibitions of this Chapter. A fine shall be imposed in the maximum amounts set forth in subsection (b) of this section upon findings made by the Director that the Tobacco Retailer, or any agent or employee of the Tobacco Retailer, has Sold any Tobacco Product to any Person(s) under the age of 21 years. Any administrative fine shall be imposed solely against the Tobacco Retailer, not the Tobacco Retailer's employees or agents.

(b) Amount of Fine. Upon written findings made by the Director under subsection (a), the person or entity holding the Tobacco Retailer Permit shall be subject to an administrative fine for each such violation as follows:

(1) A fine not exceeding five hundred dollars ($500) for a first violation within a sixty (60) month period; and

(2) A fine not exceeding one thousand dollars ($1,000) for each subsequent violation within a sixty (60) month period.

(c) Each day that Tobacco Products are Sold or offered for Sale without a Permit or otherwise in violation of this Chapter shall constitute a separate violation. A finding of "offered for Sale" in violation of this Chapter will be made if Tobacco Products are either actually Sold and/or displayed in the retail establishment, or if advertisements offering to Sell Tobacco Products are visible to customers.

(d) Fine Procedures. Notice of the fine shall be served on the Tobacco Retailer by certified mail. The notice shall contain a description of the facts upon which the asserted violation is based and an advisement of the right to request a hearing before the Director contesting the imposition of the fine. Said hearing must be requested within ten calendar days of the date appearing on the notice of the fine. The decision of the Director shall be a final administrative order, with no administrative right of appeal.

(e) Failure to Pay Fine. If a fine imposed pursuant to this Chapter is not paid within 30 calendar days from the date appearing on the notice of the fine or of the notice of determination of the Director after the review provided for under subdivision (c) of this Section, the fine may be referred to a collection agency within or external to the County. In addition, any outstanding fines must be paid prior to the issuance of any new Permit or renewal of a Permit.

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7.41.090 Authorization of Enforcement by San Mateo County Personnel.

The County of San Mateo, its officers, employees and agents are hereby authorized to administer and enforce this chapter on behalf of the City, within the jurisdictional boundaries of this city. Such enforcement authority includes, but is not limited to, the collection of fees and fines expending such revenue in the enforcement of the tobacco retailer requirements, holding hearings, suspending permits and issuing administrative fines.

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Chapter 7.42 LIEN AND ASSESSMENTS OF COSTS AND EXPENSES INCURRED IN PUBLIC NUISANCE ABATEMENTS

7.42.010 PURPOSE.

This chapter is intended to provide a means of assessing the costs and expenses incurred by the City in the abatement of public nuisances, violations of Title 25 or 27, or substandard housing against the property involved, of imposing a lien for such an assessment, and of collecting that assessment with the annual property tax roll.

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7.42.020 COSTS OF ABATEMENT.

(a) The City Manager, or the Manager's designated representative, will keep an account of the cost of each abatement and will submit it to the Council for affirmation and assessment upon completion of the abatement or from time to time as the Manager may determine is appropriate. The expenses and costs incurred will include all expenses and costs, both direct and indirect, that the City incurred, including but not limited to remediation, administration, investigation, boundary determination, measurement, clerical, legal, and other related costs.

(b) Any lumber or other building materials salvaged from the abatement that the Manager, or the Manager's designated representative, determines can be reasonably sold at public auction will be advertised for public sale in a newspaper of general circulation. The Manager or Manager's designated representative will then cause the lumber or other building materials at public auction to be sold not earlier than five (5) days following advertisement. Any amount received from any sales of materials removed from the property involved will be deducted from the costs and expenses incurred in the abatement.

(c) Any personal property salvaged from the abatement will be stored by City as an expense of the property owner or, in the alternative, may be delivered to the known address of the owner of the personal property. The property owners and the occupants of the property will be notified of the storage, and the property will be made available for pick-up by the apparent owners upon payment of the storage expenses. The City will store the personal property for at least ninety (90) days after the abatement. At any time after that period, the personal property that the City Manager, or the Manager's designated representative, determines can reasonably be sold at public auction will be advertised for public sale in a newspaper of general circulation. The Manager or Manager's designated representative will then cause the personal property to be sold at public auction not earlier than five (5) days following advertisement. If the personal property is unsold after the auction, the City may dispose of it as the Manager determines is most efficient. Any amount received from any sales of the personal property removed from the property involved will be deducted from the costs and expenses incurred in the abatement.

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7.42.030 NOTICE OF HEARING ON COSTS AND ASSESSMENT.

(a) At least ten (10) days before the date set for the Council hearing on the costs and assessment, the City will mail a notice of hearing to the owners of each property against which costs are proposed to be affirmed and assessed as the owners are listed in the last equalized tax roll of the San Mateo County Assessor available at the City. The name and address of the owners as shown on that assessment roll shall be conclusively deemed to be the proper persons and addresses for mailing the notice, and the failure of any or all of the addressees to receive the notice shall not invalidate the proposed affirmation of costs and assessment. The notice will also be posted concurrently on the property proposed for assessment.

(b) The notice will contain the address of the designated property, the date of the order of abatement, a description of the costs reported, and a warning that the City intends to assess the costs as a lien against the designated property, and designation of the time and date of the hearing on the affirmation of the costs and assessment at which the owner may appear and be heard.

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7.42.040 HEARING ON COSTS AND ASSESSMENT.

(a) At the hearing specified in the notice or as the date and time of the hearing may be continued from time to time by the Council, the Council will hear all objections to the costs reported and the proposed assessment against the designated property. Upon closure of the hearing, the Council may approve or modify the costs reported as it deems appropriate, and determine whether to confirm the assessment as approved or modified by resolution.

(b) Upon approval, the approved costs shall constitute a special assessment against the property designated and after made and confirmed by the Council, constitute a lien against the property for the amount assessed as of the date of the Council's action until paid. The lien may be recorded by the City at that time.

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7.42.050 COLLECTION ON TAX ROLL.

On or before August 1 of each year, the City Manager will forward the amounts of the respective assessment levied against properties in the City under this chapter during the preceding twelve (12) months to the San Mateo County Assessor for collection on the tax rolls in the same manner and by the same persons and at the same time as, together with and not separately from, City general property taxes as provided in Chapter 3.38.

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Chapter 7.44 CENTRAL BUSINESS DISTRICT PROPERTY WINDOW AND AWNING MAINTENANCE

7.44.010 PURPOSE.

This chapter is intended to provide for an attractive commercial and retail shopping environment in the Central Business District of San Mateo and to deter graffiti and vandalism of vacant properties.

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7.44.020 DEFINITIONS.

(a) CENTRAL BUSINESS DISTRICT (CBD). The portion of downtown San Mateo that is zoned as the CENTRAL BUSINESS DISTRICT.

(b) AWNING. For the purposes of this chapter, it is a rooflike cover, temporary in nature, which projects from the wall of a retail building or overhangs the public way.

(c) STOREFRONT WINDOW. Any window of any CBD property at street level that if not covered, would allow the public to see into the store.

(d) VACANT PROPERTY. For the purposes of this chapter, a CBD property is considered "vacant" if there is no current signed lease agreement, the property is not undergoing continuous remodeling or construction, or the property has been unoccupied or not open for business for more than thirty (30) days.

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7.44.030 STOREFRONT WINDOW MAINTENANCE.

All CBD storefront windows must be kept clean of obvious dirt, grime, graffiti, or bird droppings. No trash, debris, crates, cardboard boxes or other packing materials may be stacked or stored in the window of any storefront windows unless the building is vacant and in compliance with Section 7.44.040 of this chapter.

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7.44.040 VACANT BUILDING STOREFRONT WINDOW MAINTENANCE.

The storefront windows of any vacant CBD building must be covered with seamless paper (where such paper is available on the retail market) of a neutral color to completely obscure public view of the interior of the building. As an alternative, the owner of any vacant CBD building may cover the storefront window with decorative art. All window coverings must be kept in good repair and shall not be torn, damaged or otherwise left in a state of disrepair.

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7.44.050 AWNING MAINTENANCE.

All awnings on CBD buildings, whether occupied or vacant, must be kept clean and in good repair and shall not be defective, torn, badly faded, broken, damaged, or otherwise in a state of disrepair.

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7.44.060 VIOLATIONS—NUISANCE.

The violation of any of the provisions of this chapter is declared to be a public nuisance. It is unlawful for any person or entity to violate the provisions of Sections 7.44.030, 7.44.040, and/or 7.44.050.

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7.44.070 CONSTRUCTION.

No section of this chapter shall impose a mandatory duty on the City, or on any officer, official, agent, employee, board, council, or commission of the City. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section or not to enforce it.

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Chapter 7.45 PROHIBITION OF THE CULTIVATION, PROCESSING, OR SALE OF MARIJUANA

7.45.010 PURPOSE.

This chapter is enacted to address the health and safety concerns regarding the cultivation, processing and sale of marijuana and marijuana products within the community and the outdoor cultivation of marijuana at private residences, including, but not limited to, compatibility of these uses with sensitive neighboring uses and potential security concerns with the open and obvious cultivation and sale of marijuana, resulting from the approval of Proposition 64 entitled "The Control, Regulate and Tax Adult Use of Marijuana Act" by California voters on November 8, 2016, which legalized the possession and use of marijuana by persons 21 years of age and older, and made lawful, subject to State licensing, the cultivation, testing, and sale of nonmedical marijuana.

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7.45.020 PROHIBITION.

Notwithstanding any provision of the San Mateo Municipal Code to the contrary, this section prohibits:

(a) The use of any property within the City for the cultivation, storage, manufacturing, processing, or sale of nonmedical marijuana for adults 21 years of age and over;

(b) The possession, planting, cultivation, harvesting, drying, or processing of marijuana outdoors upon the grounds of a private residence; and

(c) The issuance of any permit, license, or certificate for the operation of any such uses.

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7.45.030 PERMISSIBLE ACTIVITY.

Nothing in this chapter shall create criminal liability for any individual who is processing, planting, possessing, cultivating, harvesting, or drying marijuana or marijuana products for personal use as defined in the Proposition 64, so long as such activities occur indoors.

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7.45.040 SEVERABILITY CLAUSE.

The City Council of the City of San Mateo hereby declares that should any section, paragraph, sentence, phrase, term or word of this chapter, hereby adopted, be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this chapter irrespective of any such portion declared invalid.

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Chapter 7.46 MEDICAL MARIJUANA COLLECTIVES REGULATIONS

ARTICLE 1 GENERAL PROVISIONS

7.46.010 PURPOSE AND INTENT.

It is the purpose and intent of this chapter to adopt and enforce rules consistent with the Compassionate Use Act and the Medical Marijuana Program Act, which rules will provide for the health, safety and welfare of the public by regulating the collective cultivation and possession of medical marijuana within the City of San Mateo, consistent with State law.

This chapter is intended to be consistent with the Compassionate Use Act and the Medical Marijuana Program Act, and towards that end, it is not intended to and does not criminalize activity which is otherwise permitted under State law, and it is not intended to and does not authorize conduct that is otherwise prohibited by State law.

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7.46.020 DEFINITIONS.

(a) "License Committee" means a Committee comprised of the Zoning Administrator, or designee, the Building Official, or designee, the Fire Chief, or designee, and the Police Chief, or designee.

(b) "Medical marijuana collective" or "collective" means a facility or location at which qualified patients, persons with identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, collectively or cooperatively cultivate and/or store marijuana for medical purposes.

(c) "Qualified patient" shall have the same meaning as provided in Health and Safety Code Section 11362.7.

(d) "Persons with identification cards" shall have the same meaning as provided in Health and Safety Code Section 11362.7.

(e) "Primary caregiver" shall have the same meaning as provided in Health and Safety Code Section 11362.7.

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7.46.030 REGISTRATION OF COLLECTIVES.

Primary caregivers, qualified patients, and persons with identification cards cultivating medical marijuana at a collective shall register with the Police Chief, providing the name of a responsible party, a telephone number, the place of operation of the collective, and such other information as may be reasonably required by the Police Chief.

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ARTICLE 2 LICENSING REQUIREMENT AND PROCEDURE

7.46.040 REQUIREMENT FOR CITY LICENSE.

(a) Only qualified patients, persons with identification cards and primary caregivers may cultivate and store medical marijuana collectively. Medical marijuana collectives are required to obtain a license to operate within the City of San Mateo.

(b) An application for a license under this chapter shall include: (1) a warning that persons collectively cultivating medical marijuana at facilities licensed under this chapter may be subject to prosecution under Federal laws; (2) the applicant's waiver and release of the City from any and all legal liability related to or arising from the application for a license, the issuance of the license, or the enforcement of the conditions of the license, and/or the operation of any facility at which where medical marijuana is collectively cultivated.

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7.46.050 LICENSE PROCEDURE.

(a) Every person who proposes to participate in the collective or cooperative cultivation and/or storage of medical marijuana in the City of San Mateo shall file an application with the License Committee upon a form provided by the City of San Mateo Police Department and shall pay a filing fee, as established by resolution adopted by the City Council.

(b) Applications shall include the following information:

(1) Each individual member of the cooperative or collective shall state their legal name (including any aliases), address, and telephone number.

(2) Each individual member of the cooperative or collective shall provide evidence that they are a qualified patient, person with an identification card, or a primary caregiver.

(3) If the applicant is a cooperative, it shall provide a copy of its articles of incorporation and shall provide the information required by subsections (b)(1) and (b)(2) for each of its members.

(4) The proposed address where the applicants intend to cultivate and/or store medical marijuana, plus the names and addresses of the owners of the proposed site.

(5) The address to which notice of action on the application is to be mailed.

(c) Upon receipt of a completed application and payment the fee, the License Committee shall promptly investigate the information contained in the application to determine whether the applicant shall be issued a license.

(d) The License Committee shall approve a license application, unless:

(1) The building, structure, equipment, or location for which a license is requested does not comply with the requirements and standards of the health, zoning, fire and safety laws of the City and the State of California, or with the development and performance standards and requirements of the regulations contained in this chapter.

(2) The applicants have knowingly made any false, misleading or fraudulent statement of material fact in the application for the license.

(3) The required application fee has not been paid.

(4) The applicant has failed to provide a complete application. If an application is denied on this basis, the License Committee shall state the information that is needed to make the application complete.

(e) The License Committee shall make its determination within 30 business days of receipt of the completed application and fee. If the application is granted the license shall be placed in the Unites States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.

(f) If the License Committee neither grants nor denies the application within 30 business days after it is stamped as received, the applicant may begin operating the collective or cooperative for which the license was sought, subject to strict compliance with the development and performance standards and requirements of this chapter. If the applicant begins operating the collective or cooperative because the License Committee has not granted or denied the application within 30 business days, the License Committee may issue the permit after the 30-day period has elapsed, and the permit shall be subject to revocation under the provisions of Section 7.46.070.

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7.46.060 CONDITIONS OF LICENSE.

(a) The City license will include, at a minimum, the following conditions:

(1) Only qualified patients, persons with identification cards, and primary caregivers may cultivate medical marijuana collectively or associate for the purpose of doing so.

(2) Absolutely no advertising of marijuana is allowed at any time.

(3) Exterior signage is limited to site addressing only.

(4) The collective site will be monitored at all times for security purposes.

(5) A centrally monitored alarm system is required.

(6) Interior building lighting, exterior building lighting and parking area lighting will be of sufficient foot-candles and color rendition, so as to allow the ready identification of any individual on-site at a distance of no less than 40 feet.

(7) Windows and roof hatches will be secured with bars on the windows so as to prevent unauthorized entry, and be equipped with latches that may be released quickly from the inside to allow exit in the event of emergency.

(8) No marijuana product may be visible from the building exterior.

(9) The activities that may be conducted at a licensed collective are limited to cultivation of marijuana for personal use and preparation of cultivated marijuana for personal use, such as drying and processing.

(10) No cooking, preparation, or manufacturing of marijuana enhanced or edible products, including, but not limited to, cookies, candy, or brownies is allowed.

(11) No sales of marijuana are allowed on-site.

(12) No persons under the age of 18 are allowed on-site, unless such individual is a qualified patient and accompanied by their licensed attending physician, parent or documented legal guardian.

(13) The quantity of marijuana located at the facility where medical marijuana is collectively cultivated may not exceed the maximum quantity of medical marijuana authorized by State law needed by the patients who are served by the collective, consistent with the regulations set forth in this chapter.

(14) The Police Chief may inspect the collective at any reasonable time to ensure that the amounts of medical marijuana on-site conform to this chapter and State law.

(15) All cultivated marijuana must be secured in structures consisting of at least four (4) walls and a roof, and conform to specified security standards, as to locks, deadbolts and additional security measures.

(16) The consumption, use, or smoking of marijuana at a facility that is licensed for the collective cultivation and/or possession of marijuana, or in the parking areas of said facility, or in vehicles located at or near or under said facility is prohibited.

(17) The medical marijuana collective shall comply with all the applicable building, zoning, and environmental requirements set forth in this code or State law. No medical marijuana collective may be licensed to operate on a property located immediately adjacent to any property on which a residence exists, or on a property located in a zone other than the M1 (Manufacturing) or C4 (Commercial Service) zones.

(18) The medical marijuana collective may not be operated or located in or within 500 feet of the grounds of a school, recreation center, or youth center.

(b) The License Committee reserves the right to make additional security and safety conditions, if necessary, upon receipt of detailed building plans.

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7.46.070 LICENSE REVOCATION.

If it is determined that grounds for license revocation exist, the License Committee shall furnish written notice of the proposed revocation to the licensee. Such notice shall set forth the time and place of a hearing and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the licensee at least 10 days prior to the hearing date. Hearings shall be conducted in accordance with the following procedures:

(a) All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.

(b) The License Committee's decision may be appealed in accordance with Section 7.46.080.

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7.46.080 APPEALS.

An applicant who wishes to appeal the decision of the License Committee regarding an application or an action to revoke a license may do so under the following hearing procedures:

(a) An appeal of the License Committee's decision on a permit application or from the License Committee's decision after a permit revocation, may be made by filing a written request for appeal with the City Clerk's office within 10 calendar days of the date the decision was mailed. If no appeal is filed within this time period, then the decision of the License Committee shall become final and the applicant shall be deemed to have waived all rights to appeal or other review. All requests for appeal shall include a statement of the basis for the appeal and the errors claimed to have occurred.

(b) The City Manager or designee shall schedule a hearing on the appeal for not less than 10 calendar days or greater than 20 calendar days from the date of mailing notice to the applicant of the time and place of the appeal hearing. The notice of hearing shall be sent by first class mail to the applicant within 10 days of filing a timely notice of appeal.

(c) The City Manager or designee shall review the written record and allow testimony to be given. The City Manager or designee shall also allow oral argument. After all verbal testimony has been reviewed, the City Manager or designee shall render a written decision within 10 working days from the date the matter is submitted for decision. The action of the City Manager or designee shall be final and conclusive, subject only to applicable court review.

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ARTICLE 3 MISCELLANEOUS PROVISIONS

7.46.090 ENFORCEMENT OF CHAPTER.

The Police Chief or the Chief's designee may investigate and enforce any violations of this chapter, and to report and enforce against any violations of the conditions of approval attached to licenses required by and obtained pursuant to this chapter. The Chief may report violations of these provisions to the License Committee, for possible revocation of the license obtained under this chapter.

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7.46.100 VIOLATIONS AND PENALTIES.

Any violation of this chapter shall constitute a public offense, unless the circumstances that create the violation are subject to prosecution under State or Federal law. Any violation of this chapter shall also be deemed a public nuisance and may be enforced by any remedy available to the City for abatement of public nuisances.

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7.46.110 MARIJUANA PRODUCED FOR INDIVIDUAL RESIDENTIAL ON-SITE CONSUMPTION.

(a) Nothing in this chapter shall be deemed to make unlawful an individual's cultivation of medical marijuana at their own residence for their own use, or for the use by another person regularly residing at such residence, if such cultivation, possession or use is lawful under Health and Safety Code Sections 11362.7 through 11362.77.

(b) Marijuana cultivated and possessed at a private residence must not be visible from adjacent public areas or neighboring properties, and must be secured within structures consisting of at least four (4) walls and a roof with standard locks.

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7.46.120 SEVERABILITY.

If any section, subsection, sentence, clause, or phrase of this chapter, is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any or all other portions of this chapter.

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Chapter 7.48 VACANT LOT MAINTENANCE

7.48.010 INTENT AND PURPOSE.

The intent and purpose of this chapter is to alleviate visual blight and nuisance conditions associated with vacant lots throughout the city by providing standards for the maintenance and appearance of vacant lots.

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7.48.020 DEFINITIONS.

As used in this chapter, "vacant lot" means any property, with the exception of those properties located in R1 or R2 zoning districts, that is undeveloped; or property that is developed with a building or structure and is abandoned, vacant, or unoccupied by the property owner, tenant, or subtenant for more than 180 consecutive days.

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7.48.030 MAINTENANCE REQUIRED.

(a) All vacant lots shall be improved and maintained at all times with landscaping and fencing; or in accordance with an approved maintenance plan; or by a third party through an agreement with the property owner, as follows:

(1) Landscaping and Fencing.

(A) A minimum five-foot wide landscaped buffer area must be maintained along the perimeter of a vacant lot, between all sidewalks, streets, alleys, or other public rights-of-way and the fence required by subsection (a)(1)(B). Buffer areas must be landscaped with native plants, low-water use plants, or no-water use plants, as defined in Chapter 23.72.

(i) If necessary for stormwater or runoff control, the City may require that the entire site be planted and maintained with a drought-tolerant ground cover that will fully cover all exposed soil within six months of planting, or covered to a minimum depth of two inches with crushed rock.

(ii) The vacant lot must be improved with an operable automatic irrigation system for the landscaping which must be installed and maintained in good condition by the property owner at all times.

(B) A fence must be installed behind the landscaped buffer area.

(i) Fences shall have a gate to allow for maintenance and emergency access.

(ii) Fence materials and colors shall be compatible with the streetscape and surrounding environment. Chain link and barbed wire fences are prohibited.

(iii) Fence height shall not exceed the applicable limits set forth in Chapter 27.84.

(2) Maintenance Plan. The maintenance plan shall be subject to the approval of the Director of Community Development, or designee, and shall contain the following information:

(A) The street address and APN(s) of the vacant lot.

(B) The name, address, and telephone number of the property owner.

(C) The name, address, and telephone number of any local agent or representative of the property owner who shall be authorized and responsible for undertaking any activities required by the maintenance plan.

(D) The effective date and term for the maintenance plan.

(E) A time schedule and description of any aesthetic enhancements, such as landscaping, lighting, or other features to be installed upon the property.

(F) A time schedule and description of ongoing maintenance activities to be performed on the vacant lot.

(3) An agreement between the property owner and a third party, such as a community group or non-profit entity, wherein the property owner permits the third party temporary use of the vacant lot for community purposes. Any proposed use under this paragraph is subject to the approval of the Director of Community Development. The agreement between the property owner and third party is subject to the review and approval of the City Attorney.

(b) General Requirements. Vacant lots must be maintained free of litter, weeds, graffiti, debris, storage units, and the stockpiling of any material at all times. The property owner, or designee, must inspect the property at reasonable intervals and take other steps to reasonably ensure that no litter, weeds, graffiti, debris, storage units, or materials are stockpiled, collect, or are maintained on the lot. Any dead or dying vegetation, as well as any broken, malfunctioning irrigation components on the lot must be replaced by the property owner, or designee, within 72 hours of discovery or notification by the city.

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7.48.040 PUBLIC NUISANCE DECLARED—VIOLATIONS—ENFORCEMENT.

(a) Failure to maintain any vacant lot as required by this chapter constitutes a public nuisance.

(b) Each day that a violation continues shall constitute a separate offense and shall be punishable as such.

(c) Enforcement. Any violation of this chapter may be enforced by any method provided by this code.

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7.48.050 NO MANDATORY DUTY CREATED.

No section of this chapter shall impose a mandatory duty on the City, or on any officer, official, agent, employee, board, council, or commission of the City. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section or not to enforce it.

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7.48.060 SEVERABILITY.

If any section, clause or provision of this chapter shall be determined to be invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

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7.48.070 IMPLEMENTATION.

All vacant lots existing at the time this chapter becomes effective must comply with this chapter within 90 days of receiving notice from the City alerting the property owner of the requirements of this section. A reasonable extension of time may be granted by the Community Development Director for good cause as determined by the Community Development Director or designee. For the purposes of this section only, receipt of notice is deemed to have been provided five days after such notice is mailed by first class mail to the property owner(s) shown on the last assessment roll of the county. The failure of any property owner to receive this notice does not affect the validity of any proceedings under this chapter.

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Chapter 7.50 Property Owner Obligations with Respect to Tenants Displaced from Unsafe or Substandard Units.

7.50.010 Title.

This Chapter shall be known as Property Owner Obligations with Respect to Tenants Displaced from Unsafe or Substandard Units.

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7.50.020 Definitions.

For the purposes of this Chapter 7.50, the following words and phrases shall have the meanings set forth herein:

(a) "Declaration of substandard condition" means a declaration, notice, or order executed by an Enforcement Officer under the authority of the applicable provision of law declaring that a dwelling is substandard.

(b) "Dwelling" means any structure that a person uses as a place of permanent or customary abode within San Mateo city limits, including, but not limited to, a single-family dwelling, a unit in multifamily or multipurpose dwelling, a unit of a condominium or cooperative housing project, a mobile home, a garage or shed, or any other unit or property that is considered to be real property under State law. A dwelling is any structure that is actually used for residential purposes regardless of whether the structure is decent, safe or sanitary and regardless of whether the actual residential use is legally permitted or conforming under any applicable laws or regulations.

(c) "Department" means the Community Development Department.

(d) "Director" means the head of the Department, or his or her designee.

(e) "Enforcement Officer" means any City employee or agent of the City whose position requires enforcement of any provision of the City of San Mateo Municipal Code, any City ordinance or any state law or regulation related to zoning, building or housing standards, and/or other technical codes adopted by the City for existing residential properties including, but not limited to, code enforcement officers, building officials and environmental health specialists.

(f) "Noncomplying dwelling or room" means a dwelling or room within San Mateo city limits which has been found or determined by an Enforcement Officer to be substandard, blighted, unsafe, a public nuisance, a drug nuisance, or otherwise not in conformity with applicable state or local zoning, building and/or housing standards and/or other technical codes adopted and enforced by the City for existing residential properties; and "noncomplying condition" or "noncompliance" means any physical condition or use with respect to the dwelling or room that contributes to such finding or determination.

(g) "Notice to abate life-threatening condition" means a notice and/or order to abate a substandard or noncomplying condition issued by the City pursuant to its code enforcement activities, however such notice or order is denominated, that indicates on its face that a life-threatening condition is present.

(h) "Notice to vacate" means a notice and/or order, however denominated, issued by the City or a court to a property owner and/or a tenant household pursuant to the City's code enforcement activities requiring that a dwelling or room be vacated, either immediately or at some future specified time, as a result of a determination that such dwelling or room fails to comply with applicable building, housing, zoning, or other code standards. For purposes of this chapter, a "notice to vacate" includes a complaint or action filed by the City with a court and served on the property owner pursuant to the City's code enforcement activities whereby the City asks for vacation of the property as requested relief.

(i) "Permanent displacement" means the vacating of a dwelling or room by a tenant household due to code enforcement activities when that dwelling or room (or an equivalent dwelling or room in the building or complex), in the judgment of the Enforcement Officer, cannot foreseeably be brought into code compliance or will not otherwise be available for re-occupancy by the tenant household within ninety (90) days from the date of vacating; or when the tenant household and the property owner have agreed that the displacement shall be permanent.

(j) "Property owner" means a person, persons, corporation, partnership, limited liability company, or any other entity holding fee title to the subject real property. In the case of multiple ownership of the subject real property, "property owner" means each entity holding any portion of the fee interest in the property and the property owner's obligations in this chapter shall be joint and several as to each property owner.

(k) "Temporary displacement" means the vacating of a dwelling or room by a tenant household due to code enforcement activities when that dwelling or room (or an equivalent dwelling or room in the same building or complex) will foreseeably be brought into code compliance and be available for re-occupancy by the tenant household within ninety (90) days from the date of vacating; or when the tenant household and property owner have otherwise agreed that the displacement shall be considered temporary.

(l) "Tenant household" means one or more individuals who rent or lease a dwelling or room as their primary residence and who share living expenses.

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7.50.030 Tenant eligibility for relocation payments.

(a) A tenant household shall be eligible for relocation payments from a property owner under this chapter if the tenant household is displaced from its dwelling or room due to the City's code enforcement activities. For purposes of this chapter, a tenant household shall be deemed to be displaced from its dwelling or room due to code enforcement activities in either of the following circumstances:

1. The tenant household receives a notice from the property owner requiring the household to vacate or quit the dwelling or room at any time after the City or a court has issued a notice to vacate, notice to abate life-threatening condition or a declaration of substandard condition covering that dwelling or room; or

2. The tenant household vacates its dwelling or room (whether or not the property owner requires vacation) after (a) the City or a court has issued a notice to vacate, notice to abate life-threatening condition, or declaration of substandard condition covering that dwelling or room, and (b) the abatement period has expired without correction of the noncomplying condition (if a time period to abate the noncomplying condition is specified in such notice or declaration and the City or court does not order earlier vacation).

(b) Notwithstanding subsection (a) above, a tenant household shall not be deemed displaced due to code enforcement activities in any of the following cases:

1. The property owner demonstrates to the satisfaction of the Director that vacation of the dwelling or room was due primarily to a cause other than either (a) the noncomplying condition, (b) the City's or court's determination that the dwelling or room was a noncomplying dwelling or room, or (c) the need to make repairs to rectify any noncomplying condition;

2. The property owner demonstrates to the satisfaction of the Director that the noncomplying condition was created by the tenant household or the tenant household's guests or invitees, and was not created by the property owner or the property owner's agent, or that the condition giving rise to the code enforcement activities existed at the time that the tenant household occupied the dwelling or room and that the tenant household occupied the dwelling or room for the purpose of receiving relocation benefits;

3. The property owner demonstrates to the satisfaction of the Director that the tenant household unreasonably prevented the property owner or the property owner's agent from undertaking maintenance or repairs that would have prevented or rectified the noncomplying condition;

4. All noncomplying conditions are corrected, as determined by the City, prior to the time the tenant household has taken definitive steps to move from the dwelling or room;

5. The notice to vacate, notice to abate life-threatening condition, or declaration of substandard condition is rescinded or withdrawn by the City or the court or is overturned on appeal prior to the time the tenant household has taken definitive steps to move from the dwelling or room;

6. The property owner offers, in writing, to move the tenant household immediately into a replacement dwelling or room in the same building or complex , and all of the following are true: (a) the replacement dwelling or room comparable in size, condition and amenities to the formerly occupied dwelling or room; (b) the replacement dwelling or room complies with all applicable zoning, building and housing codes; (c) the replacement rent is no greater than the rent charged for the formerly occupied dwelling or room; and (d) the offer was made prior to the time the tenant household has taken definitive steps to move; or

7. The tenant household is required to vacate the dwelling or room due solely to damage resulting from an earthquake, fire, flood, natural disaster, civil disturbance, or accident outside the control of the property owner, if (a) the vacation is required within six months of such event, and (b) the property owner demonstrates to the satisfaction of the Director that such damage was not caused by the acts or the negligence of the property owner or by a preexisting condition in the building in violation of applicable building, housing, fire, or other health and safety codes.

(c) Any provision of a lease or rental agreement for a dwelling or room in which the tenant household agrees to modify or waive any of its rights under this chapter, including its rights to relocation payments, shall be void as contrary to public policy.

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7.50.040 City notices to property owners.

(a) An Enforcement Officer or other authorized official, along with issuance of any notice to vacate, notice to abate life-threatening condition, or declaration of substandard condition to a property owner covering a dwelling or room shall inform the property owner that any tenant household that vacates said dwelling or room may be eligible for relocation payments from the property owner, that failure to make required relocation payments to eligible tenant households before vacation may result in the City making payments on behalf of the property owner, and that failure to reimburse the City for all relocation payments made and other costs incurred may result in a lien being placed on the property. Following issuance of any such notice or declaration and expiration of the period to abate the noncomplying condition (if an abatement period is specified in any such notice or declaration), the City shall also use reasonable efforts to deliver information to each affected tenant household in the building regarding the relocation benefits and assistance, if any, to which the tenant household may be entitled.

(b) Failure by the City to supply or attempt to supply any of the information or notices provided for in this chapter shall not affect the validity of any code enforcement notice, order, or action, nor shall any such failure impact any property owner's obligation to abate any noncomplying conditions or provide relocation assistance as required under this chapter.

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7.50.050 Property owners' notices to tenants.

Any notice from a property owner to an eligible tenant household to vacate or quit a dwelling or room following the issuance by City of a notice to vacate, notice to abate a life threatening condition, or declaration of substandard condition must set forth the reasons for the need to vacate, the tenant household's entitlement to relocation payments from the property owner, the tenant household's right to re-occupancy following completion of repairs (if the property is one to be repaired), and the estimated date for re-occupancy. The property owner shall send a copy of all notices to theDirector.

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7.50.060 Relocation payments by property owners.

(a) The property owner shall be responsible for providing relocation payments, in the amounts specified in section 7.50.090, to an eligible tenant household in the form and manner prescribed in this chapter. The property owner shall furnish proof of any relocation payments made to tenant households to the Director.

(b) Except as set forth in section 7.50.060(e), in the case of permanent displacement, the property owner shall make the relocation payment directly to an eligible tenant household no later than ten (10) days before the expected vacation date of the dwelling or room specified in either a City or court notice or order or the property owner's notice to vacate pursuant to sections 7.50.040 and 7.50.050, whichever date is earliest in the event of multiple notices. If less than ten (10) days' advance notice of vacation is given, or no vacation date is specified in such notice or order, then the payment by the property owner to the tenant household shall be made no later than the actual time of vacation.

(c) If an eligible tenant household vacates a dwelling or room on its own initiative pursuant to section 7.50.030(a)(2) in response to a notice to abate life-threatening condition or declaration of substandard condition issued by the City (rather than in response to a notice to vacate by the City, a court or a property owner), and if that tenant household has not given advance notice to the property owner of its intention to vacate, then the payment by the property owner to the tenant household shall be made no later than ten (10) days after written demand for such payment is made by the tenant household to the property owner; provided, however, that in such case, such a demand must be made in writing by the tenant household within thirty (30) days following the actual vacation of the dwelling or room.

(d) In the case of temporary displacement, the property owner shall make the payment directly to an eligible tenant household within five (5) days after the tenant household has submitted reasonably probative documentation (such as bills, invoices, rental agreements, estimates, etc.) to the property owner of the actual moving and temporary housing expenses the tenant household will incur or has incurred as a result of the temporary displacement during the expected displacement period.

(e) If the property owner and the tenant household agree in writing that a displacement initially treated as a temporary displacement is to be a permanent displacement, the property owner shall provide the tenant household relocation payments for temporary displacement required under section 7.50.090(b) within the period required under section 7.50.060(d), as well as relocation payments for permanent displacement required under section 7.50.090(a) within ten (10) days after the displacement is determined, in writing, to be a permanent displacement.

(f) The obligation of the property owner to deliver relocation payments to a tenant household shall be suspended pending the outcome of an appeal pursuant to section 7.50.100 of this chapter, if the property owner has made a timely request for appeal.

(g) Notwithstanding other provisions of this chapter, a tenant household shall not be required to vacate the dwelling or room until the required relocation payment has been made and any appeal requested by the property owner has been concluded, unless (1) the Enforcement Officer has determined for health and safety reasons that vacation must occur sooner; or (2) the property owner has complied with the provisions of California Government Code section 7060, et seq., to withdraw such dwelling or room from rental or lease. However, a property owner remains liable for payment of relocation payments to eligible tenant households under this chapter notwithstanding the applicability of the exceptions above in clauses (1) and (2).

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7.50.070 Relocation payments by City chargeable to property owners.

(a) The City, in its sole discretion and subject to funding availability, may make any of the payments required of a property owner under this chapter, including advancing eligible tenant household(s) reimbursable "moving expenses" and "temporary housing accommodations costs" as each of these terms are defined below in section 7.50.090(b). Such payments shall continue to be an obligation of the property owner and shall be reimbursed by the property owner to the City. The City may consider making such payments in its own discretion or if a tenant household makes a written request to the Department following a property owner's failure to pay the required payments within the period mandated under section 7.50.060, but in no event later than sixty (60) days following the tenant household's vacation of the dwelling or room. Prior to any City payment to a tenant household, the Director shall make a determination regarding the eligibility of the tenant household for relocation payments. The Department will make reasonable efforts to contact a representative of the property owner prior to making the determination or authorizing the City's payment. However, failure to give prior notice to the property owner shall not relieve the property owner of any obligations under this chapter.

(b) When the City makes any relocation payments that are the responsibility of the property owner under this chapter, the City shall bill the property owner for the amount of payment, plus any administrative and other direct and/or indirect costs that it would not have incurred but for the failure of the owner to make the required payment. The City Manager, in consultation with the City Attorney, shall have the discretion to reduce the amount of any required reimbursement from a property owner to the City in cases where the factual and legal circumstances warrant such a reduction. The property owner shall reimburse the City within five (5) days of receipt of billing from the City. If the property owner does not make full and timely payment to the City, the City is entitled to recover an additional amount equal to the sum of one-half the amount paid by the City on the property owner's behalf, but not to exceed ten thousand dollars ($10,000.00), as a penalty for failure to make timely payment. The City may also record a lien on the subject property with the County of San Mateo Recorder and shall provide notice of such lien to the property owner and to the County of San Mateo Assessor. The form of such lien and the manner of enforcement and collection shall be as authorized by state or local law. Alternatively, the City may include the unreimbursed amount in any other lien placed on the property by the City to secure payment of enforcement costs. Notwithstanding the above, the intent of this chapter is to place primary responsibility for making relocation payments to displaced tenant households on those property owners who are responsible for code violations, and nothing in this section is intended to relieve or release any such property owner from this responsibility.

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7.50.080 Tenant households' return rights.

(a) An eligible tenant household who has experienced temporary or permanent displacement from its dwelling or room due to code enforcement activities shall have the right to return to that dwelling or room, or, if this is not possible, to move into an equivalent dwelling or room in the same building or complex if there is an equivalent dwelling or room owned by the same owner, if and when the dwelling or room is ready for occupancy and under the same terms and conditions that applied to the tenancy prior to the period of displacement. If a tenant household intends to exercise this right, it must inform the property owner in writing of its current address at all times during the period of displacement.

(b) The property owner shall notify the eligible relocated tenant household at least thirty (30) days in advance by certified mail of the availability of the dwelling or room. If a shorter notice is given and the tenant household indicates that it wishes to return, the dwelling or room must be held vacant at no cost to the household for a period no less than thirty-five days after the mailing of the notice of availability. The notice shall provide that within seven days of receipt of notice of availability of the dwelling or room, a tenant household wishing to return must notify the property owner in writing of this election.

(c) If a tenant household wishing to return to the dwelling or room is required to pay a security deposit, the tenant household must be permitted sufficient time to obtain a refund of any deposit paid to obtain replacement housing during the period of relocation.

(d) This return right is in addition to an eligible tenant household's entitlement to monetary relocation payments from the property owner under the terms of this chapter 7.50, and the exercise of this option by a tenant shall not affect the household's eligibility for such payments.

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7.50.090 Amount of relocation payments.

(a) Permanent Displacement. An eligible tenant household that will experience permanent displacement as defined above shall receive a monetary relocation payment from the property owner equal to three times the current monthly United States Department of Housing and Urban Development (HUD) Fair Market Rent for a unit of comparable size and type to the dwelling or room from which the displacement occurs, plus a payment not to exceed one thousand dollars ($1,000.00) for actual moving costs and related expenses incurred by the tenant household and substantiated by reasonably probative documentation. The property owner shall treat any non-complying dwelling or room that does not have one or more separate bedrooms as an "efficiency unit" for purposes of determining the applicable HUD Fair Market Rent and calculating the required monetary relocation payment on that basis. In addition, the tenant household is entitled to a refund and/or accounting for any security deposit held by the property owner pursuant to California Civil Code section 1950.5. For purposes of this chapter, "HUD Fair Market Rent" means the amount specified in the schedule of Fair Market Rents for existing housing published by the U.S. Department of Housing and Urban Development under Section 8 of the United States Housing Act of 1937, as amended, applicable to the City of San Mateo and current as of the date the City or court issues the notice to vacate, notice to abate life-threatening condition, or declaration of substandard condition.

(b) Temporary Displacement.

1. An eligible tenant household that will experience temporary displacement as defined above shall receive monetary relocation payment or payments from the property owner to cover the tenant household's actual and reasonable moving expenses in addition to temporary housing accommodations costs incurred as a result of the temporary displacement. "Moving expenses" shall include the cost of removing, transporting, and/or storing the tenant household's personal property during the displacement period. "Temporary housing accommodations costs" shall include the cost of rental payments and hotel or motel payments during the displacement period. The total amount of temporary housing accommodations costs paid by the property owner shall not exceed three times the current monthly HUD Fair Market Rent for a unit of comparable size and type to the dwelling or room from which the displacement occurs. If the tenant household is not paying rent during the displacement period, then the property owner shall be entitled to deduct the amount the tenant household would have paid from the relocation payments required under this paragraph.

2. In lieu of the relocation payments required under subsection (b)(1), the property owner may offer to provide a tenant household temporary housing accommodations. Tenant household shall have the sole option to accept or decline this offer.

3. Temporary housing accommodations shall be (a) comparable in size, condition, or amenities to the formerly occupied dwelling or room and (b) comply with all applicable zoning, building and housing codes and (c) shall be located within San Mateo city limits or any jurisdiction that borders San Mateo, unless the tenant agrees in writing to accept temporary housing accommodations in a different location.

4. If the temporary housing accommodations are not comparable in size, condition, or amenities, or not located within San Mateo city limits or a jurisdiction that borders San Mateo, the property owner shall pay a living stipend in the amount of 50% of the current U.S. General Services Administration meals & incidentals per diem rate for San Mateo/Foster City/Belmont, per tenant household member, per day, not to exceed $1000 per tenant household.

(c) Except as provided in section 7.50.060(e), in no event shall the property owner be liable for making payments in excess of the amount the tenant household would receive in the case of permanent displacement under section 7.50.090(a).

(d) Immediate Vacation. When the condition of a dwelling or room is a danger to the public health and safety such that the City requires vacation with fewer than thirty (30) days advance notice either from the City or from the property owner to the tenant household of the need to vacate, an eligible tenant household displaced from such a dwelling or room shall be entitled to an additional payment from the property owner in the amount of one thousand dollars ($1,000.00), in addition to the amounts set forth above. Such additional payment is intended to compensate the tenant household for the additional costs associated with short-notice moves and the added inconvenience of such moves.

(e) Payments for relocation shall not be considered by the City as income or assets for any government benefits program.

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7.50.100 Appeals process.

(a) Written Appeal.

1. A property owner or tenant household may contest a decision, order, or determination regarding relocation payments or a notice of penalty or fine assessed this chapter by submitting an appeal in writing together with the appeal fee listed in the City's fee schedule. The appeal shall set forth the factual basis for disputing the decision, order, or determination.

2. Appeals must be addressed to the Director, and must be received within ten (10) days of the date appearing on the decision, order, or determination regarding relocation benefits or the notice of penalty or fine. A copy of the appeal must be provided by the appellant to any tenant household(s) or property owner(s) directly affected by the appeal on or by the same date that the appeal is received by the Director.

(b) Hearing Procedure.

1. Upon receipt of a written appeal and appeal fee, the Director shall schedule a hearing before the City Council. Any tenant household(s) or property owner(s) directly affected by the appeal shall have the right to attend and participate in the hearing.

2. The appeal hearing shall be set for a date within thirty (30) days from the date that the appeal is filed, unless the Director determines that good cause exists for an extension of time. The appellant and any tenant household(s) or property owner(s) directly affected by the appeal shall receive notice of the time and place at least fifteen (15) days prior to the hearing unless the Director determined, in writing, that the matter is urgent, in which case the appellant and any tenant household(s) or property owner(s) directly affected by the appeal shall receive at least five (5) days prior notice of the hearing.

3. Documentary evidence and names of potential witnesses shall be provided by the Enforcement Officer and the appellant to the City Council and any tenant household(s) or property owner(s) directly affected by the appeal at least five (5) days prior to the appeal hearing or as soon as practicable prior to the hearing. At the hearing, the tenant household(s) or property owner(s) directly affected by the appeal shall be given the opportunity to testify and to present evidence concerning the decision, order, or determination regarding relocation benefits or the notice of penalty or fine. The failure of appellant to appear at the appeal hearing shall constitute a forfeiture of the fine or penalty (if applicable).

4. The decision, order, or determination regarding relocation benefits or the notice of penalty or fine and any additional report submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents.

(c) Decision on Appeal.

1. After considering all of the testimony and evidence submitted at the hearing, the City Council shall issue a written decision to uphold or cancel all or part of the decision, order, or determination regarding relocation benefits or the notice of penalty or fine and shall state the reasons for that decision. The decision of the City Council shall include findings regarding the evidence in the record and submitted at the hearing, as well as the existence of any proper grounds for the order to pay relocation benefits or the notice of penalty or fine. A copy of the City Council's written decision shall be provided to the property owner as well as any tenant household(s) directly affected by the appeal.

2. If the City Council determines that the decision, order, or determination regarding relocation benefits or the notice of penalty or fine should be upheld, then the property owner shall pay the appropriate sum(s) to the tenant household and/or the City within ten (10) days after the property owner's receipt of the City Council's written decision.

3. To the extent allowed by law, the decision and the decision, order, or determination regarding relocation benefits or notice of penalty or fine shall have the same force and effect as a resolution of the City Council for the purpose of filing a lien, special assessment, or for pursuing any other method of collection.

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7.50.110 Retaliation Barred.

(a) No property owner shall take any of the following actions in retaliation against any member of a tenant household for exercising rights granted under this chapter:

1. Engage in conduct that violates subdivision (a) of Section 484 of the California Penal Code.

2. Engage in conduct that violates Section 518 of the California Penal Code.

3. Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenant's quiet enjoyment of the premises in violation of Section 1927 of the California Civil Code that would create an apprehension of harm in a reasonable person. Nothing in this paragraph requires a tenant to be actually or constructively evicted in order to obtain relief.

4. Commit a significant and intentional violation of Section 1954 of the California Civil Code.

5. Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant. This paragraph does not require a tenant to be actually or constructively evicted in order to obtain relief.

(b) An oral or written warning notice, given in good faith, regarding conduct by a tenant, occupant, or guest that violates, may violate, or violated the applicable rental agreement, rules, regulations, lease, or laws, is not a violation of this section. An oral or written explanation of the rental agreement, rules, regulations, lease, or laws given in the normal course of business is not a violation of this section.

(c) This section does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing state or local law; nor does this section enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant.

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7.50.120 Private right of action.

(a) A tenant household that believes that a property owner has violated the provisions of this chapter shall have the right to file an action for injunctive relief and/or actual damages against such party. Treble damages shall be awarded for a property owner's willful failure to comply with the payment obligations established under this chapter. In any action brought under this chapter, the court may award reasonable attorney's fees to any prevailing party.

(b) Nothing herein shall be deemed to interfere with the right of a property owner to file an action against a tenant or non-tenant third party for the damage done to said owner's property. Nothing herein is intended to limit the damages recoverable by any party through a private action.

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7.50.130 Severability.

In the event any section, clause or provision of this chapter shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

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