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ATTY/ORD.0008/CC ORD BUILDING CODE ADOPTION – EXHIBIT A
<br />REV: 08-28-25 MI
<br />Page 19 of 25
<br />landfill and disposal companies. Receipts and weight tags will be used to verify whether materials generated
<br />from the site have been or are to be recycled, reused, or salvaged.
<br />C. Any deposit posted pursuant to Section 9.198 shall be forfeited if the applicant does not provide the final
<br />report within sixty (60) calendar days after the final inspection or certificate of occupancy date.
<br />D. On an annual basis, the Community Development Director or designee shall compile a report that, at a
<br />minimum, describes the number and type of permits issued, the number and type of projects covered by
<br />diversion requirements, the total tonnage generated, and the estimated diversion resulting from these
<br />projects. Annual summary reports shall be kept on file for a period not less than ten (10) years. Report data
<br />may be used for annual reporting purposes to demonstrate compliance with the mandates of AB939 to
<br />CalRecycle.
<br />Sec. 9.200. ENFORCEMENT/VIOLATIONS:
<br />A. Any person violating, or causing or permitting to be violated, any of the provisions of this Article, and the
<br />regulations adopted pursuant hereto, is guilty of a misdemeanor, and each such person, firm, or corporation
<br />is guilty of a separate offense for each and every day or any portion thereof during which any violation of any
<br />of the provisions of this Article is committed, continued or permitted; and upon conviction of any such
<br />violations such person, firm or corporation shall be punished by a fine of not more than one thousand dollars
<br />($1,000.00) or by imprisonment in the county jail for a period of not more than six (6) months, or both.
<br />B. Notwithstanding any other provision of this code, whenever violation of any section contained in this code is
<br />punishable as a misdemeanor, the prosecuting attorney having jurisdiction to prosecute said misdemeanor
<br />may specify that the offense is an infraction and proceed with prosecution as an infraction, unless the
<br />defendant, at the time of arraignment or plea, objects to the offense being made an infraction, in which event
<br />the complaint shall be amended to charge a misdemeanor and the case shall proceed on a misdemeanor
<br />complaint.
<br />C. Civil Penalties. Any person who fails or refuses to submit a waste management plan for a covered project shall
<br />be liable to the city for a civil penalty of not more than ten thousand dollars ($10,000.00) plus actual damages
<br />incurred by the City per violation per day for as long as the violation continues. In addition to the above
<br />described penalty and damages, the City may recover reasonable attorney's fees, court costs, and other
<br />expenses associated with the enforcement activities, including sampling and monitoring expenses.
<br /> The City shall petition the court to impose, assess, and recover such sums. In determining amount of liability,
<br />the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm
<br />caused by the violation, the magnitude and duration, any economic benefit gained through the violation,
<br />corrective actions by the violator, the compliance history of the violator, and any other factor as justice
<br />requires.
<br />D. In addition to the penalties provided herein, any condition caused or permitted to exist in violation of a
<br />provision of this code is a public nuisance and may be summarily abated as such. Each day that the condition
<br />continues it is a new and separate offense. Pursuant to Section 38773.5 of the California Government Code, in
<br />any action, administrative proceeding, or special proceeding brought by the City of Redwood City to abate a
<br />public nuisance, the prevailing party shall be entitled to reasonable attorney's fees. Recovery of attorneys' fees
<br />shall be limited as follows:
<br />1. To those actions or proceedings where the City has elected to recover attorneys' fees at the initiation of
<br />such actions or proceedings.
<br />2. The amount of attorneys' fees in any action, administrative action, or special proceedings awarded to a
<br />prevailing party shall not exceed the amount of reasonable attorneys' fees incurred by the City in the
<br />action or proceeding.
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