[Ord. No. 1242-16 § 3.]
Unless otherwise expressly stated, whenever used in this article,
the following terms shall be defined as follows:
(a)
HEALTH OFFICER — The health officer of the City and his duly
authorized representatives and deputies.
(b)
— An area or parcel of land upon which any person has settled or located, or which he occupies, without having a bona fide claim or color of title thereto, or without the express consent of the owner or person legally in charge thereof or the agent of the same, and which is occupied or inhabited in violation of Chapter 7 of this Code (Building Regulations), or the State Housing Act of the State of California, (Sections 15000 through 17902, as amended, of the Health and Safety Code of the State of California). It includes any tent camp space, house court and every other kind of camp, tent, shelter, or structure, or collection of tents, shelters, or structures of any kind established, constructed, maintained, or operated thereon.
(c)
SQUATTER — One who settles or locates on land enclosed or unenclosed
with no bona fide claim or color of title or without the expressed
consent of the owner or person legally in charge of the land.
[Ord. No. 1242-16 § 3.]
No person shall settle or locate on or occupy any land without
a bona fide claim or color of title thereto, or without the express
consent of the owner or person legally in charge of said land, or
erect or construct any tent, shelter or structure of any kind thereon.
[Ord. No. 1242-16 § 3.]
It shall be the duty of both the owner and the person legally
in charge of the land upon which any squatter camp is located to see
that all of the provisions of this article are complied with.
[Ord. No. 1242-16 § 3.]
[Ord. No. 1242-16 § 3.]
The health officer is hereby authorized to abate such nuisance
under the following alternative and supplemental procedure:
(a)
The health officer may serve notice upon the owner or person in charge
of the property upon which said squatter camp is located. Such notice
shall be in writing and must be signed by the health officer, must
be served upon the owner or the person in charge of the property upon
which said squatter camp is located according to the provisions of
Section 1162 of the Code of Civil Procedure of California. Such notice
shall require that said squatter camp be completely abandoned, abated,
closed and vacated and demolished within three days from the date
of service of notice upon the owner or operator or person in charge
thereof. Failure or refusal on the part of any such owner or person
in charge of such squatter camp to abate, vacate and close it in compliance
with such written notice shall constitute a violation of this article.
(b)
Upon such failure or refusal on the part of the owner or person in
charge of the land upon which the squatter camp is located, the health
officer may enter the said property and post notices notifying all
persons that said squatter camp is condemned as a public nuisance
and that all persons shall immediately vacate the premises upon which
such squatter camp space is located. Any person who shall thereafter
enter in or upon or make any use of such squatter camp shall be guilty
of a violation of this article.
(c)
In case the health officer is unable to ascertain or find the owner
of the land upon which any such squatter camp is located, or where
no person is in charge of the same, or where the owner of the land
refuses to act, as an alternative procedure, the health officer may
notify all squatters within such squatter camp that the same has been
condemned and to remove therefrom immediately. In addition to such
oral notification, the health officer shall post a written notice
at a conspicuous place, within said squatter camp, notifying all squatters
to forthwith and immediately remove therefrom and vacate said squatter
camp. Failure or refusal of any person to comply with such notice
shall be a violation of this article.
[Ord. No. 1242-16 § 3.]
For the purpose of securing enforcement of this article, the
health officer and any of his duly authorized representatives or any
law enforcement officer shall have the right to enter upon any public
or private property, including any building or habitation, in the
City, to inspect all accommodations and installations thereon or therein
which may be covered by the provisions of this article.
[Ord. No. 1242-16 § 3.]
In any prosecution, and in any action to abate or enjoin any
nuisance or other acts under this article, the burden of proving bona
fide claim to land, color of title to land, or permission from the
owner or person in charge of land, shall rest upon the person occupying
the land, squatter camp or space involved.
