The city manager shall have the power to render interpretations
of this code and its regulations in order to clarify the application
of its provisions. Such interpretations shall conform to the intent
and purpose of this code.
(Ord. 03-1 § 2; Ord. 12-11 § 3)
The city manager is authorized to adopt and enforce reasonable
regulations consistent with the purposes, intent and express terms
of this code as he or she deems necessary to implement such purposes,
intent, and express terms. No regulation or amendment thereto, shall
be enforced or become effective until thirty days following the date
on which the proposed regulation or amendment has been filed with
the city clerk.
(Ord. 03-1 § 2; Ord. 12-11 § 3)
A.
Inspections.
To the extent allowed by law, the city manager may enter and inspect
any building or property whenever necessary to secure compliance with,
or prevent a violation of, the provisions of this code, the State
Housing Law relating to the regulation of buildings used for human
habitation, and rules and regulations promulgated pursuant thereto,
or the city building code. The city manager may make any examinations
and surveys as necessary in performing these inspections as permitted
by law and consistent with legally recognized privacy rights. These
duties may also include the taking of photographs, samples or other
physical evidence. All inspections, entries, examinations and surveys
shall be conducted in a reasonable manner.
B.
Right
of Entry. Whenever it is necessary to make an inspection to enforce
the provisions of this code, or when the city manager has reasonable
cause to believe that there exists a condition which is contrary to
or in violation of this code, which makes a building or property unsafe,
dangerous or hazardous, the city manager may enter a building or property
at reasonable times to inspect or to perform the duties imposed by
this code, provided that if such building or property is occupied
that credentials be presented to the occupant and entry requested.
If entry is refused, the city manager shall have recourse to the remedies
provided by law to secure entry, including, but not limited to, commencing
proceedings to obtain an inspection warrant pursuant to Code of Civil
Procedure, Sections 1822.50 et seq., as now existing or hereinafter
amended.
If such a building or property is unoccupied, the city manager
shall make a reasonable effort to locate the owner or other persons
having charge of control of the building or property and request entry.
No person authorized to enter buildings shall enter any dwelling
between the hours of six p.m. of any day and eight a.m. of the succeeding
day, without the consent of the owner or occupants of the dwelling,
nor enter any dwelling in the absence of the occupants without a proper
written order executed and issued by a court of competent jurisdiction.
(Ord. 03-1 § 2; Ord. 12-11 § 3)
In performing his or her duties under this code, the chief of
police and designated representatives shall have the authority and
impunities of a public officer and employee as set forth in Penal
Code Section 836.5, which include, but are not limited to: (1) making
arrests without a warrant whenever he or she has reasonable cause
to believe that the person to be arrested has committed a misdemeanor
in his or her presence, which is a violation of this code or applicable
state codes; and (2) issuing field citations as a substitute for physical
arrest.
(Ord. 03-1 § 2)
Nothing in this code shall be construed as requiring the city
to enforce its prohibitions against all properties that may violate
such prohibitions. The city envisions that this code will be enforced,
in the city's prosecutorial discretion, as resources permit. This
code is not intended to and shall not be construed or given effect
in a manner that imposes upon the city or any officer or employee
thereof a mandatory duty of care towards persons and property within
or without the city so as to provide a basis of civil liability for
damages, except as otherwise imposed by law.
(Ord. 03-1 § 2)
The city shall take all reasonable steps to ensure that the
identity of any person making a service request to the city concerning
a violation of the Nuisance Abatement Code or other applicable laws
shall remain confidential. However, no enforcement action shall be
taken beyond issuance of a notice to abate unless: (1) the complaining
witness agrees to be identified upon request of the responsible party;
or (2) the city manager has developed sufficient independent evidence
to take further action.
(Ord. 03-1 § 2; Ord. 12-11 § 3)
