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10A Action 2011 1121
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10A Action 2011 1121
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11/15/2011 5:42:36 PM
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11/15/2011 5:42:01 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
11/21/2011
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_CC Agenda 2011 1121
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Attachment 2 <br />DRAFT <br />(e) Enforcement pursuant to this Ordinance may be undertaken by the Authority <br />through its Enforcement Official, counsel, or any Authority Representative. In <br />any enforcement action, the Authority shall be entitled to recover its attorneys' <br />fees and costs from any Person who violates this Ordinance. <br />(f) Enforcement of Phase 1 of this Ordinance (as set forth in Section 13 of this <br />Ordinance) shall not occur before July 1, 2012. Enforcement of Phase 2 of this <br />Ordinance shall not occur before July 1, 2014. Prior to those dates, the Authority <br />will conduct outreach and educational efforts regarding the requirements of the <br />Ordinance. From July 1, 2012 to December 31, 2012 for Phase 1, and from July <br />1, 2014 to December 31, 2014 for Phase 2, enforcement will consist of warnings <br />rather than enforcement action. Enforcement action will be taken, as needed, <br />after January 1, 2013 for Phase 1 and after January 1, 2015 for Phase 2. <br />(g) Property Owners will not be held responsible for violations of this Ordinance by <br />Waste Generators, and Waste Generators shall not be held responsible for <br />violations of this Ordinance by Property Owners, unless they are the same person, <br />and so long as they cooperate with the Enforcement Official and Authority <br />Representatives as necessary to clarify responsibility for violations. Failure to <br />cooperate in determining respo ' ility as described above is a violation of this <br />Ordinance. <br />SECTION 12 (Local Regulation and Opt -Out and Opt -In Provisi <br />(a) Local Regulation. Nothing in this Ordinance shall be construed to prohibit any <br />Member Agency from enacting and enforcing ordinances and regulations <br />regarding the collection, transport, storage, processing, and Deposit in Landfill(s) <br />of Solid Waste within its jurisdiction, including more stringent requirements than <br />those in this Ordinance. <br />Opt -Out Provision. Any Member Agency by a resolution of its governing body <br />may, prior to March 2, 2012, choose to exclude its service area from Sections 4, 5, <br />d 8, Phase 1 of this Ordinance. Any Member Agency by a resolution of its <br />rning board may, prior to January 1, 2014, choose to exclude its service area <br />fr ections 4, 5, and 8, Phase 2 of this Ordinance. <br />(c) Opt -In Provision. Any Member Agency that chooses to exclude its service area <br />from either Phase 1 or Phase 2 may request of the Authority by a resolution of its <br />governing board to be re- included in coverage of the Ordinance at any subsequent <br />time. Such coverage under the Ordinance, however, shall not occur unless it is <br />accepted in writing by the Enforcement Official or the Authority Board, and shall <br />become effective only on the date specified in such written acceptance. Such <br />acceptance shall not be unreasonably withheld or delayed. <br />(d) Dispute Resolution. In the event of a dispute between the Authority and a <br />Covered Jurisdiction regarding the implementation of this Ordinance, either parry <br />may request a meeting, in which case the Enforcement Official and the Primary <br />14 <br />
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