The enforcement officer for purposes of this title shall be
the city manager, the chief of police, the community development director,
the building official, or their designees and other city personnel
that have been assigned code enforcement responsibilities.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
The city's remedies, whether administrative, civil/injunctive
or criminal, that may be used to address violations or public nuisances
pursuant to its codes are cumulative and non-exclusive. The city may
exercise one or any combination of said remedies in its sole discretion
at any time.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
The notice of public nuisance and intent to abate sent to the
responsible persons who possess a legal interest in property that
is subject to the California State Housing Law, shall, pursuant to
Health and Safety Code Section 17980(d), contain a provision notifying
said responsible person(s) that, in accordance with Sections 17274
and 24436.5 of the California Revenue and Taxation Code, a tax deduction
may not be allowed for interest, taxes, depreciation, or amortization
paid or incurred in that taxable year when public nuisance conditions
have not been brought to a condition of compliance. The city manager,
or a designee thereof, shall comply with all provisions of Sections
17274 and 24436.5 of the California Revenue and Taxation Code when
proceeding with an administrative nuisance abatement action pursuant
to this chapter.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
Pursuant to Penal Code Sections 836.5, any officer or employee
of the city of San Bruno is authorized to arrest a person without
a warrant for violation of this chapter. Pursuant to Penal Code Sections
853.5 and 853.6, any person arrested for violation of this chapter
may be issued a criminal citation and released.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
A.
For
the purpose of any abatement authorized under this chapter, or for
the giving or posting of any notice provided for in this chapter,
any city official may enter upon private property involved in any
abatement proceedings at all reasonable times.
B.
Prior
to entry, if such building or premises are occupied, the official
shall first present proper credentials and request entry from the
owner or adult occupant. If such building or premises are unoccupied,
the official shall first make a reasonable effort to locate the owner
or other person sharing charge or control of the building or premises
and request entry. If entry to occupied or vacant property is refused,
such official may utilize every remedy provided by law to obtain access
to a property.
C.
When
an enforcement officer, or a representative thereof, shall have obtained
an inspection or abatement warrant, or other court order, to enter
property involving a violation or public nuisance pursuant to this
title, no person owning, leasing, renting, occupying or having charge,
control or possession of said property shall interfere with the city's
execution of said warrant or order.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
A.
Any
responsible person who allows, causes, permits or maintains a violation
of law or a public nuisance to exist in connection with real or personal
property, or otherwise, in the city, or who violates or fails to comply
with any approval, license, permit, or any condition of any approval,
license or permit, or who commits an act prohibited by this code or
state law, or who fails to commit an act required by this code or
state law, is guilty of a misdemeanor.
B.
Notwithstanding the penalty stated in Section 1.28.010(A) of this code, a person convicted of a misdemeanor pursuant to Chapters 5.04 and 5.08 of this code, is punishable by a fine not exceeding one thousand dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
A.
The
city may issue civil fines and penalties of up to one thousand dollars
per day pursuant to the procedures set forth in California Civil Code
Section 2929.3, against the legal owner of a vacant residential property
purchased at a foreclosure sale or acquired by that owner through
foreclosure under a mortgage or deed of trust who fails to maintain
such vacant residential property so long as California Civil Code
Section 2929.3 remains in effect. The City Council shall establish
the civil fine amount by resolution.
B.
Appeals of notices of failure to maintain foreclosed property and order to correct violations or the civil fines and penalties imposed pursuant to this section may be appealed in the same manner and within the same time limitations as administrative citations as fully set forth in Sections 5.08.010 through 5.08.110. In the event of an inconsistency between this ordinance and California Civil Code Section 2929.3, the requirements of California Civil Code Section 2929.3 shall be followed.
(Ord. 1766 § 2. 2008; Ord. 1881 § 3, 2020)
