Any violation of this chapter is subject to an administrative citation and applicable fine and penalty. Administrative citations issued under this title are subject to the provisions and procedures set forth in Chapter 1.07 DMC.
(Ord. 18-002 § 2)
An enforcement officer may enter and inspect any property or premises at all times to perform any duty imposed upon him or her by this chapter whenever the enforcement officer has cause to believe a violation of the DMC is occurring; provided, that:
A. 
The enforcement officer shall present proper credentials, state the reason for entry, and request entry from the owner or occupant.
B. 
If entry is denied, the enforcement officer may seek a court ordered inspection warrant if cause exists pursuant to Cal. Civ. Proc. Code § 1822.50 et seq.
C. 
If entry is denied, the enforcement officer shall have recourse to every remedy provided by law to secure entry.
D. 
The enforcement officer shall make a reasonable effort to locate the owner of unoccupied property or premises, inform the owner of the reasons for entry, and request entry.
E. 
The enforcement officer shall not enter any property or premises in the absence of permission to enter, unless an inspection warrant has been issued by a court of competent jurisdiction.
(Formerly 9.01.612; Ord. 18-002 § 2; Ord. 08-012; Ord. 03-011)
A. 
Whenever an enforcement officer determines that a nuisance exists under this title, the enforcement officer may issue a first offense warning to any person responsible for the violation. The first offense warning shall serve as a written warning of responsibility. The first offense warning requires immediate action by the person responsible for the violation to correct or cease the violation.
B. 
The first offense warning shall include the following:
1. 
The code section(s) violated.
2. 
How the violation can be corrected.
3. 
A date by which the violation can reasonably be corrected, after which an administrative citation may be issued if the violation is not fully corrected.
C. 
In accordance with Cal. Gov't Code § 53069.4, no person will be assessed a fine under this article for a continuing violation pertaining to a building, plumbing, electrical, or similar structural or zoning issue that does not create an immediate danger to the public health or safety without first receiving a first offense warning and a reasonable opportunity to correct or otherwise remedy the violation. In such circumstances, the stated period available to correct the violation prior to the issuance of an administrative citation must be appropriate to the violation as determined by the enforcement officer, but in no event less than seven (7) days. If, after expiration of the correction period stated in the first offense warning, the violation is not corrected, the enforcement officer may issue an administrative citation.
D. 
Any person receiving a first offense warning for a continuing violation may file a written petition with the City Clerk for consideration by the City Manager for an extension of time to correct the violation; provided, that the written petition is received before the end of the correction period set forth in the first offense warning. The City Manager may grant an extension of time to correct the violation if the person requesting the extension of time has supplied sufficient evidence showing that the correction cannot reasonably be made within the correction period set forth in the first offense warning.
E. 
The requirement of a reasonable opportunity to correct a violation does not apply in instances where, in the discretion of the City Manager, a violation poses an immediate danger to the public health or safety.
(Formerly 9.01.613; Ord. 18-002 § 2; Ord. 08-012; Ord. 03-011)
Any person receiving an administrative citation may appeal the citation in accordance with the hearing procedures established by Chapter 1.07 DMC.
(Ord. 18-002 § 2; Ord. 03-011; Formerly 9.01.670)