a. City representatives and/or its designated enforcement agency, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container; collection vehicle loads; or transfer, processing, or disposal facilities for materials collected from generators, or source separated materials, to confirm compliance with this chapter by commercial edible food generators, haulers, food recovery services, and food recovery organizations, subject to applicable laws. This subsection does not allow the City or its designated enforcement agency to enter the interior of a private residential unit for inspection.

b. The regulated entity shall provide or arrange for access during all inspections (with the exception of residential unit interiors) and shall cooperate with the City’s employee or its designee 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 described herein. Failure to provide or arrange for: (1) access to an entity’s premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties as described in subsection 11-6.7.

c. Any records obtained by the City during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6520 et seq.

d. City representatives or its designees are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

e. Regulated entities shall relay to the City Public Works Department all written complaints they receive concerning acts or omissions of themselves or another entity inside the City that is potentially noncompliant with SB 1383 regulations, including anonymous written complaints. (Ord. #262-2022, S2 (Exh. A))