Subject: Ordinance To Strengthen Illegal Dumping Enforcement From: Councilmember Unger And Office Of The Mayor Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Chapter 8.11 (Illegal Dumping) To: (1) Increase Penalties For Illegal Dumping; (2) Make Transporting Waste In A Vehicle Without A License Plate An Offense; And (3) Increase Enforcement Against Illegal Dumping

This ordinance amends Oakland Municipal Code Chapter 8.11 to strengthen enforcement against illegal dumping. The key changes include:

• Increased Penalties: Fines for illegal dumping are increased. A first offense can result in up to $1,500, a second offense up to $3,000, and subsequent offenses up to $5,000. Civil penalties can also be assessed at up to $1,000 per day for commercial quantities, harmful waste, or specific bulky items (mattresses, furniture, appliances, electronics).
• Vehicle Owner Liability: Owners of vehicles used for illegal dumping can be held liable for costs, damages, penalties, and fines, even if they did not know the vehicle would be used for dumping.
• Transporting Waste Offense: Transporting waste in a vehicle without license plates is now an offense, with exceptions for vehicles containing only litter.
• Enforcement Mechanisms: The ordinance emphasizes administrative citations and civil penalties over criminal prosecution for efficiency. It also allows for community service in lieu of monetary penalties. Costs associated with cleanup, investigation, and legal fees can be recovered from violators.
• Reporting and Analysis: The City Administrator is directed to initiate a problem-solving process based on root cause analysis in priority areas and to establish mechanisms for measuring the impact of increased enforcement and reporting annually on fines collected, enforcement costs, and collection costs.