The Community Development Director, designated Code Enforcement
Officers, Fire Chief and other City directors and/or their designated
agents have the authority and powers necessary to determine whether
a violation of the code exists and the authority to take appropriate
action to gain compliance with the provisions of the Municipal Code
and applicable State codes. These powers include the power to issue
notices of violation, administrative citations, notice and orders,
and civil penalties, the power to inspect public and private property
and use the administrative remedies which are available under the
Municipal Code, Uniform Codes or applicable State codes.
(Prior code § 1.043)
A Director and any designated Code Enforcement Officer are authorized
to enter upon any property or premises to ascertain whether the provisions
of the Municipal Code or applicable State codes are being obeyed,
and to make any examinations and surveys as may be necessary in the
performance of their enforcement duties. These may include the taking
of photographs, samples or other physical evidence such as the use
of a sound level measurement device to measure noise disturbances.
All inspections, entries, examinations and surveys shall be done in
a reasonable manner. If an owner, occupant or agent or other responsible
person refuses permission to enter or inspect, the Code Enforcement
Officer may seek an administrative inspection warrant pursuant to
the procedures provided for in the California
Code of Civil Procedure.
(Prior code § 1-044)
Whenever a Code Enforcement Officer and/or designated staff
inspects, reinspects processes a case file, prepares and posts a notice
of intent to abate, a notice of violation, notice to vacate, notice
and order of demolition, abandoned vehicle abatement notice, seeks
and obtains an inspection warrant, prepares for and appears at an
administrative hearing, or any other action as may be hereinafter
designated by resolution of the Council, for which an action has been
initiated to obtain compliance with the applicable Municipal and State
Code, a Director shall assess the appropriate code enforcement fee
against the responsible person.
(Prior code § 1-044.2)
A code enforcement fee schedule shall be established and revised
as necessary by the City Council to reflect current costs. The code
enforcement fee schedule shall be filed in the City Clerk's office.
(Prior code § 1.044.3)
No fee shall be charged if any of the following circumstances
exist:
A. A notice
of compliance has been issued;
B. It is
determined that the previously identified responsible person has not
caused the code violation;
C. The
responsible person fully complies with any violation notice or warning
before the first inspection by code enforcement staff.
(Prior code § 1-044.3.1)
The City shall collect the assessed code enforcement and late
fees by the use of all appropriate legal means, including but not
limited to: referral to the Finance Department for collection or assessment
against the property.
(Prior code § 1.044.5)