DATE: May 21, 2024
TO: Board of Supervisors
SUBMITTED BY: Board of Supervisors, District Five
John Zanoni, Sheriff-Coroner-Public Administrator
Lisa A. Smittcamp, District Attorney
SUBJECT: Proposed Amendment to the Ordinance Code of Fresno County, Amending Chapter 8.22, “Illegal Dumping” to Title 8, “Health and Safety”
RECOMMENDED ACTION(S):
TITLE
1. Conduct first hearing to amend the Fresno County Ordinance Code, Title 8, to amend Chapter 8.22, “Illegal Dumping Ordinance;” waive reading of the Ordinance in its entirety and set the second hearing for June 4, 2024;
2. Designate County Counsel to prepare a fair and adequate summary of the proposed Ordinance; and
3. Direct the Clerk of the Board to post and publish the required summary in accordance with Government Code, Section 25124(b)(1).
REPORT
There is no additional Net County Cost associated with the recommended actions, which will amend Chapter 8.22, “Illegal Dumping Ordinance” of Title 8, “Health and Safety” of the Ordinance Code of Fresno County to streamline administrative, civil, and criminal enforcement of illegal dumping within the unincorporated areas. The recommended amendments to the ordinance would make a violation for illegal dumping punishable as a misdemeanor and increase the amount of civil penalties for a violation. Illegal dumping is a public nuisance that has increased significantly within the unincorporated areas causing blight and threatening the health, safety, and welfare of the community. The remedies and penalties for illegal dumping are currently inadequate. To discourage illegal dumping, administrative remedies and civil penalties should be streamlined and enhanced. The purpose and intent of this chapter is to protect the public health, safety, and welfare, and to impose the financial burden on abating illegal dumping on those engaged in the unlawful act. California Government Code sections 25132 and 53069.4 provide the authority for the legislative body of a county for unincorporated areas to enact ordinances to impose administrative fines and penalties for violations of a county’s local ordinances. This item is countywide.
ALTERNATIVE ACTION(S):
Your Board could determine not to approve the recommended actions; however, the administrative fines would remain at the lesser amounts with a violation of the current unauthorized dumping ordinance punishable as an infraction, and administrative abatement would not be streamlined. Unauthorized dumping within the unincorporated areas would remain unlawful under the current ordinance code. As an additional alternative action, your Board may continue the actions with direction to County Counsel and other responsible County department staff to further revise the recommended ordinance.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. Patrol and enforcement efforts may incur such impacts or costs in the future, associated with enforcement of the recommended amendment to the ordinance, which may be partially offset by payments of fines. Staff will monitor impacted county departmental budgets accordingly.
DISCUSSION:
Incidents of illegal dumping have increased significantly throughout the unincorporated areas of the County. Both public and private property have been subject to illegal dumping. Public health, safety, and welfare are threatened by illegal dumping. The heaviest burden of illegal dumping falls on small unincorporated communities, rural areas, and agricultural land. Locations where illegal dumping occur are typically subject to repeat incidents of this unlawful conduct and suffer from blight and a reduced quality of life.
The County has expended substantial human and financial resources to combat illegal dumping. In just the first four months of 2024, the County has spent approximately $600,000 to cleanup illegally dumped waste matter. Despite this commitment of County resources, the scourge of illegal dumping continues within the unincorporated areas. Current remedies and penalties for illegal dumping are ineffective.
Under the County’s current ordinance found in Chapter 8.22, Title 8 of the Ordinance Code of Fresno County, a violation for unauthorized dumping is punishable as an infraction. As an infraction, the County is limited by Government Code section 25132 in the amount to impose as an administrative fine for a violation of this ordinance. Presently, the fine amounts under the current ordinance are as follows: $100 for the first citation, $200 for the second citation and $500 for the third citation, as required by Chapter 1.13, Title 1 of the Ordinance Code of Fresno County. While the current ordinance provides for the abatement of waste material and cost recovery for such abatement action, it does not provide procedures to undertake such abatement action or a cost recovery process.
The recommended ordinance increases the administrative penalties and streamlines the administrative remedies for illegal dumping. The ordinance establishes three categories of illegal dumping, increasing in severity, as follows: (1) littering, (2) illegal dumping, and (3) major violations. Littering will remain an infraction, while violations categorized as illegal dumping and major violations would be punishable as a misdemeanor. As a misdemeanor, illegal dumping and major violations would be subject to greater administrative penalties. The recommended ordinance further provides procedures for abatement of illegally dumped waste matter and cost recovery.
The recommended ordinance includes the following:
• Establishes and defines illegal dumping and littering for purposes of local enforcement.
• Establishes and defines major violations as a new violation category for larger incidents of illegal dumping.
• Increases the administrative penalty for illegal dumping to be $1,000 per violation.
• Imposes a greater administrative penalty for major violations of up to $3,000 per violation.
• Establishes that each incident of dumping of an appliance, furniture, commercial waste, large quantities of waste, and other defined categories of waste matter to each be a separate major violation and each subject to a separate $3,000 administrative penalty.
• Establishes a presumption in administrative proceedings that the generator of illegally dumped waste matter may be determined upon the discovery of identifying information or two pieces of addressed mail in a pile of illegally dumped waste matter.
• Incorporates the administrative abatement procedures of Chapter 1.16, Title 1 of the Ordinance Code of Fresno County for the administrative abatement of illegal dumping.
• Establishes a procedure to appeal citations imposing administrative penalties for infractions, illegal dumping, and major violations.
• Establishes joint and several liability for co-violators.
• Establishes that the owners and operators of vehicles used for illegal dumping are subject to enforcement and administrative remedies.
ATTACHMENTS INCLUDED AND/OR ON FILE:
Ordinance
Amended Ordinance - Redline
On file with Clerk - Ordinance Summary
CAO ANALYST:
Fine Nai