A Code Enforcement 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 or her code enforcement duties. Inspections may include and/or
involve the taking of photographs, samples, or other physical evidence
and conferring with persons present.
(Prior code § 82.01)
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 Enforcement
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 Enforcement Officer or other authorized enforcement agent may
enter the building or premises at reasonable times to inspect or to
perform duties imposed by this title 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.
(Prior code § 82.02)
A Code Enforcement 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.
(Prior code § 82.03)
A Code Enforcement 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.
(Prior code § 82.04)
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 Enforcement
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
Enforcement 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.
(Prior code § 82.05)
If a property owner, occupant or agent having charge or control
of a property refuses to consent to an inspection of the subject premises
by a Code Enforcement Officer or other authorized enforcement agent
or if the property owner or occupant, or agent having charge or control
of a property cannot be located after a reasonable attempt has been
made, the Code Enforcement 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 to conduct an inspection of the premises, unless otherwise
provided in this chapter or any other applicable law.
(Prior code § 82.06)
To enforce the provisions of the municipal code and/or applicable
statutes, rules, codes or regulations, a Code Enforcement 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 or occupant and without an inspection warrant.
(Prior code § 82.07)
To enforce the provisions of the municipal code and/or applicable
statutes, rules, codes or regulations, a Code Enforcement Officer
or other authorized enforcement agent may inspect exterior code violations
from a neighbor’s yard without the consent of the property owner,
occupant, or agent having charge or control of the premises upon which
the violation exists 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.
(Prior code § 82.08)
To enforce the provisions of the municipal code, and/or applicable
statutes, rules, codes or regulations, a Code Enforcement 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.
(Prior code § 82.09)
To enforce the provisions of the municipal code and/or applicable
statutes, rules, codes or regulations, a Code Enforcement Officer
or other authorized enforcement agent may inspect the common areas
of multihousing complexes without the consent of the property owner,
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.
(Prior code § 82.10)
To enforce the provisions of the municipal code and/or applicable
statutes, rules, codes or regulations, a Code Enforcement 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.
(Prior code § 82.11)
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 upon which the observing
individual is legally justified.
(Prior code § 82.12)
To enforce the provisions of the municipal code and/or applicable
statutes, rules, codes or regulations, a Code Enforcement 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, 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.
(Prior code § 82.13)
To enforce the sexually oriented business/adult entertainment
provisions of the municipal code and/or other applicable statutes,
rules, codes or regulations, a Code Enforcement Officer or other authorized
enforcement agent may inspect a sexually oriented business/adult entertainment
establishment pursuant to applicable provisions of the municipal code.
(Prior code § 82.14)
Nothing in this title shall prohibit or preclude inspections
conducted pursuant to the Uniform Building Code as incorporated in
the municipal code.
(Prior code § 82.15)
Nothing in this title shall prohibit or preclude inspections
conducted pursuant to the Uniform Plumbing Code as incorporated in
the municipal code.
(Prior code § 82.16)
Nothing in this title shall prohibit or preclude inspections
conducted pursuant to the Uniform Mechanical Code as incorporated
in the municipal code.
(Prior code § 82.17)
Nothing in this title shall prohibit or preclude inspections
conducted pursuant to the National Electrical Code as incorporated
in the municipal code.
(Prior code § 82.18)
Nothing in this title shall prohibit or preclude inspections
conducted pursuant to the Uniform Code for the Abatement of Dangerous
Buildings as incorporated in the municipal code.
(Prior code § 82.19)
Nothing in this title shall prohibit or preclude inspections
conducted pursuant to the Uniform Sign Code as incorporated in the
municipal code.
(Prior code § 82.20)
Nothing in this title shall prohibit or preclude inspections
conducted pursuant to the Uniform Fire Code as incorporated in the
municipal code.
(Prior code § 82.30)
Nothing in this title shall prohibit or preclude inspections
conducted pursuant to the Uniform Swimming Pool Code as incorporated
in the municipal code.
(Prior code § 82.40)
Nothing in this title 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.
(Prior code § 82.50)
Any occupant or tenant who refuses to permit an inspection pursuant
to any court-issued inspection warrant shall be subject to arrest
by the Code Enforcement Officer or other authorized enforcement agent.
Forcible execution of the inspection under such circumstance shall
be permitted only if the warrant expressly grants permission for such
forcible entry.
(Prior code § 82.60)