Enforcement Letter Samples
The Mandatory Recycling Ordinance is enforced through a combination of routine inspections and administrative review of service data provided by waste haulers. On a rotating basis, inspectors are dispatched to business properties to inspect the garbage, recyclables and, if required, the organics collection containers. If upon inspection or review of records, one or more Ordinance violations are found, a letter will be mailed to the service address of the property owner or manager. If the billing address is different, a second letter will also be sent to the billing address. A series of enforcement letters are sent prior to a fine being issued.
The sample letters below are provided as reference. To identify a specific letter version being referenced by a customer, ask for the letter title and version noted in the footer of the enforcement letter.
Official Notification is the first step in a progressive enforcement process to inform the regulated community of obligations under the Ordinance. The Official Notification letter is the first in a series of enforcement letters and may be given upon inspection or upon review of hauler records, and may or may not be the result of a violation. NOTE: Notifications are currently being sent to all businesses to officially inform them of the Ordinance requirements.
The non-inspection based letters are also known as “Administrative Notifications” and are not the result of an observed violation. There is an Administrative Official Notification letter version for businesses and one for multi-family properties.
Official Notification (inspection-based)
If a property is inspected, a violation is found, and the site has not yet received an Administrative Official Notification letter, this “Official Notification (inspection-based)” letter is used to notify the business or multi-family property of the Ordinance requirements and their violation(s).
Once a property has received an Official Notification letter (Administrative Notification or inspection-based Official Notification), they are considered to be officially notified of the Ordinance requirements. If upon inspection a violation is found, the Notice of Violation letter is used to tell the business or multi-family property the violation observed, what must be done to correct the violation(s), and warns the property of the possible consequences if the violation(s) are not corrected, before being subject to an Administrative Citation and fine.
Notice of Violation
This letter includes two tables: one to indicate which violation(s) were witnessed (first page), and one to indicate the specific actions required to correct the violation(s) and the potential fine(s) if not corrected (second page) within the specified time period.
Citations and fines will be issued if there is continued non-compliance after Official Notification and Notice of Violation letters are sent. In the event a citation is issued, this letter is used. The table on page 1 details the observed violations and fines. The table on page 2 explains the specific actions required to correct the violation(s) to avoid a subsequent citation and fine. The total fine amount must be paid within 30 days according to payment instructions detailed in the letter, or the citation may be appealed.
Additional inspections could be conducted as soon as 30 days after the inspection that resulted in the citation. Subsequent fines for non-compliance are doubled, then tripled within each year.
A different letter is used when a citation and fine are issued for non-compliance with the Plant Debris Disposal Ban Ordinance.