A code compliance officer or other authorized enforcement agent
shall have the authority to enter upon any real property or premises
to ascertain whether the provisions of the Municipal Code and/or applicable
statutes, rules, codes and regulations are being obeyed and to make
any examinations and surveys as may be necessary in the performance
of his/her code compliance duties. Inspections may include and/or
involve the taking of photographs, samples, or other physical evidence
and conferring with persons present.
(Ord. 870 § 2, 2004)
When it is necessary to conduct an inspection of occupied property
to enforce the provisions of the Municipal Code and/or applicable
statutes, rules, codes and regulations, or when the code compliance
officer or other authorized enforcement agent has reasonable cause
to believe that there exists in an occupied building or upon occupied
premises a condition that is contrary to or in violation of the Municipal
Code and/or applicable statutes, rules, codes or regulations, the
code compliance officer or other authorized agent may enter the building
or premises at reasonable times to inspect or to perform duties imposed
by this Title 14 provided that, if such building or premises are occupied,
credentials are presented to the occupant or tenant and consent to
enter for the purpose of inspection is requested and granted by the
occupant or tenant, or the landlord consents to entry for inspection
purposes.
(Ord. 870 § 2, 2004)
A code compliance officer or other authorized enforcement agent
shall be permitted to inspect only those areas of the subject premises
that are within the consenting occupant's or tenant's control or which
are subject to the common authority of all occupants and tenants unless
otherwise provided by a court-issued inspection warrant.
(Ord. 870 § 2, 2004)
A code compliance officer or other authorized enforcement agent
shall be permitted to inspect only those areas of the subject premises
that the consenting landlord has authority to access and inspect him
or herself, unless otherwise provided by a court-issued inspection
warrant.
(Ord. 870 § 2, 2004)
When it is necessary to conduct an inspection of secured unoccupied
property to enforce the provisions of the Municipal Code and/or applicable
statutes, rules, codes or regulations or when the code compliance
officer or other authorized enforcement agent has reasonable cause
to believe that there exists in an unoccupied building or upon unoccupied
premises a condition that is contrary to or in violation of the Municipal
Code and/or applicable statutes, rules, codes or regulations, the
code compliance officer or other authorized enforcement agent shall
make a reasonable effort to locate the property owner or other person
having charge or control of the building or premises and request and
obtain that person's consent to enter for the purpose of inspection.
(Ord. 870 § 2, 2004)
If a property owner, tenant, occupant or agent having charge or control of a property refuses to consent to an inspection of the subject premises by a code compliance officer or other authorized enforcement agent or if the property owner, tenant, occupant, or agent having charge or control of a property cannot be located after a reasonable attempt has been made, the code compliance officer or other authorized enforcement agent must obtain an administrative inspection warrant pursuant to the procedures provided in California
Code of Civil Procedure Section 1822.50 et seq. to conduct an inspection of said premises, unless otherwise provided in this Title
14 or any other applicable law.
(Ord. 870 § 2, 2004)
To enforce the provisions of the Municipal Code and/or applicable
statutes, rules, codes or regulations, a code compliance officer or
other authorized enforcement agent may inspect exterior code violations
from a public street, sidewalk, park, or alley without the consent
of the property owner, tenant, occupant or agent having charge or
control of the premises upon which a violation may exist and without
an inspection warrant.
(Ord. 870 § 2, 2004)
To enforce the provisions of the Municipal Code and/or applicable
statutes, rules, codes or regulations, a code compliance officer or
other authorized enforcement agent may inspect exterior code violations
from a neighbor's yard without the consent of the property owner,
tenant, occupant, or agent having charge or control of the premises
upon which a violation may exist and without an inspection warrant
provided that lawful access to the neighbor's yard can be obtained
and the exterior code violations are in plain view from the neighbor's
yard.
(Ord. 870 § 2, 2004)
To enforce the provisions of the Municipal Code, and/or applicable
statutes, rules, codes or regulations, a code compliance officer or
other authorized enforcement agent may inspect abandoned buildings
and property without the consent of the property owner or agent having
charge or control of the premises and without an inspection warrant
provided that the subject property and/or building or buildings are
unoccupied and have not been secured against unlawful entry.
(Ord. 870 § 2, 2004)
To enforce the provisions of the Municipal Code and/or applicable
statutes, rules, codes or regulations, a code compliance officer or
other authorized enforcement agent may inspect the common areas of
multi-housing complexes, commercial projects, gated communities, mobile
home parks and other similar developments, without the consent of
the property owner, tenant, occupant or agent having charge or control
of the premises and without an inspection warrant provided that such
common areas are accessible to members of the general public.
(Ord. 870 § 2, 2004)
To enforce the provisions of the Municipal Code and/or applicable
statutes, rules, codes or regulations, a code compliance officer or
other authorized enforcement agent may inspect open undeveloped areas
without the consent of the property owner or agent having charge or
control of the premises and without an inspection warrant provided
that the subject area is accessible to members of the general public
and open to public view.
(Ord. 870 § 2, 2004)
Use of optical aids such as flashlights and binoculars may be
used to conduct inspections of exterior code violations if such violations
could otherwise be seen during normal daylight hours or at close range
without such optical aids from a location that the observing individual
is legally entitled to be located upon.
(Ord. 870 § 2, 2004)
To enforce the provisions of the Municipal Code and/or applicable
statutes, rules, codes or regulations, a compliance officer or other
authorized enforcement agent may use aerial surveillance to inspect
an enclosed yard that is visible from the air space above without
the consent of the property owner, tenant, occupant or agent having
charge or control of the premises and without an inspection warrant
provided that such surveillance does not cause unnecessary noise,
dust or threaten injury.
(Ord. 870 § 2, 2004)
To enforce the provisions of the Municipal Code and/or other
applicable statutes, rules, codes or regulations, a code compliance
officer or other authorized enforcement agent may inspect service
oriented businesses pursuant to the Municipal Code and other applicable
statutes, rules, codes or regulations.
(Ord. 870 § 2, 2004)
To enforce the provisions of Municipal Code Chapter
7.03, a code compliance officer or other authorized enforcement agent may conduct inspections regarding provisions pertaining to stormwater management and discharge controls pursuant to Municipal Code Chapter
7.03 and other applicable statutes, rules, codes or regulations.
(Ord. 870 § 2, 2004)
Nothing in this chapter
14.50 shall prohibit or preclude inspections conducted pursuant to the
California Building Code as adopted pursuant to Municipal Code Chapter
15.04.
(Ord. 870 § 2, 2004)
Nothing in this chapter
14.50 shall prohibit or preclude inspections conducted pursuant to the Uniform Administrative Code as adopted pursuant to Municipal Code Chapter
15.10.
(Ord. 870 § 2, 2004)
Nothing in this chapter
14.50 shall prohibit or preclude inspections conducted pursuant to the California Plumbing Code as adopted pursuant to Municipal Code Chapter
15.08.
(Ord. 870 § 2, 2004)
Nothing in this chapter
14.50 shall prohibit or preclude inspections conducted pursuant to the California Mechanical Code as adopted pursuant to Municipal Code Chapter
15.08.
(Ord. 870 § 2, 2004)
Nothing in this chapter
14.50 shall prohibit or preclude inspections conducted pursuant to the California Electrical Code as adopted pursuant to Municipal Code Chapter
15.10.
(Ord. 870 § 2, 2004)
Nothing in this chapter
14.50 shall prohibit or preclude inspections conducted pursuant to the Uniform Code for the Abatement of Dangerous Buildings as adopted pursuant to Municipal Code Chapter
15.08.
(Ord. 870 § 2, 2004)
Nothing in this chapter
14.50 shall prohibit or preclude inspections conducted pursuant to the Uniform Housing Code as adopted pursuant to Municipal Code Chapter
15.08.
(Ord. 870 § 2, 2004)
Nothing in this chapter
14.50 shall prohibit or preclude inspections conducted pursuant to the California Fire Code as adopted pursuant to Municipal Code Chapter
15.12.
(Ord. 870 § 2, 2004)
Nothing in this chapter
14.50 shall prohibit or preclude inspections conducted pursuant to the Uniform Swimming Pool, Spa and Hot Tub Code as adopted pursuant to Municipal Code Chapter
15.08.
(Ord. 870 § 2, 2004)
Nothing in this chapter
14.50 shall prohibit or preclude inspections conducted pursuant to any applicable statute, rule, code, regulation or inspection warrant for purposes of inspections related to the respective statute, rule, code, regulation or inspection warrant.
(Ord. 870 § 2, 2004)
Any property owner, tenant, occupant or agent having charge
or control of the premises who refuses to permit an inspection pursuant
to any court issued inspection warrant shall be subject to arrest
by the code compliance officer or other authorized enforcement agent.
Forcible execution of said inspection under such circumstance shall
be permitted only if the warrant expressly grants permission for such
forcible entry.
(Ord. 870 § 2, 2004)