All employees of the City of Escondido vested with the duty
or authority to issue, deny, or modify permits of any sort shall conform
to the provisions of this chapter and shall issue no permit, certificate
or license for uses, buildings or purposes in conflict with the provisions
of this chapter. Any such permit, certificate or license issued in
conflict with the provisions of this chapter, intentionally or otherwise,
shall be null and void.
(Ord. No. 2017-03R, § 4, 3-22-17)
Whenever necessary to make an inspection of any premises, business
records or other data to enforce any of the provisions of this chapter,
or whenever any of the officials set forth in section 33-1310 of this
article has reasonable cause to believe that there exists in any building
or upon any premises any condition, or violation of this chapter,
or use of property or premises that is unsafe, dangerous or hazardous,
the official or their authorized representative may enter such building
or premises at all reasonable times to inspect the building, premises,
business records, or other data or to perform any duty imposed upon
such official by this chapter. If the building or premises are occupied,
the official shall first present proper credentials and request entry.
If the building or premises are unoccupied, the official shall first
make a reasonable effort to locate the owner or other persons having
charge or control of the building or premises and request entry. If
such entry is refused, the official or authorized representative shall
have recourse to every remedy provided by law to secure entry.
(Ord. No. 2017-03R, § 4, 3-22-17)
Any building or structure set up, erected, constructed, altered,
enlarged, converted, moved or maintained contrary to the provisions
of this code, and any use of land, building or premises established,
conducted, operated or maintained contrary to the provisions of this
code is unlawful and a public nuisance. The city attorney is authorized
to immediately commence action or proceedings for the abatement and
removal and enjoinment of such nuisance in the manner provided by
law, and shall take such other steps and shall apply to such courts
as may have jurisdiction to grant such relief as will abate and remove
such building or structure, and restrain and enjoin any person, firm
or corporation from setting up, erecting, building, maintaining or
using any such building or structure or using property contrary to
the provisions of this code. This remedy shall be cumulative and not
exclusive.
(Ord. No. 2017-03R, § 4, 3-22-17)
Any person, firm or corporation, whether as principal, agent,
employee or otherwise, violating or causing the violation of any portion
of this chapter, including the use of land or structures contrary
to this chapter, shall be guilty of a misdemeanor and upon conviction
thereof shall be punishable by a fine of not more than $1,000, or
by imprisonment for a term not exceeding six months, or by both such
fine and imprisonment. Such person, firm or corporation is guilty
of a separate offense for each and every day during any portion of
which any violation of this chapter is committed or continued by such
person, firm or corporation.
(Ord. No. 2017-03R, § 4, 3-22-17)
