Chapter 1.13
PROPERTY INSPECTIONS AND ABATEMENT

Sections:

1.13.010    Authority to inspect property.

1.13.020    Authority to obtain records.

1.13.030    Authority to abate nuisance conditions.

1.13.040    Execution of inspection warrant or abatement warrant.

1.13.010 Authority to inspect property.

An enforcement officer may, upon presentation of proper credentials, enter upon any affected property at any reasonable time to inspect the same or to perform any act or acts as may be related to the performance of his or her enforcement duties, subject to the procedures below.  Inspections may include or involve the taking of photographs, samples, measurements, surveys, or obtaining other physical evidence, and/or conferring with any person(s) present at affected property or location, as permitted by law and consistent with legally recognized privacy rights.  If an enforcement officer has reasonable cause to believe that a condition exists that poses an imminent or immediate threat of harm to persons or property, or to public health, welfare or safety, the enforcement officer may enter the affected property or location without prior notification to the owner or occupant.  In all other cases, an enforcement officer shall give the owner and/or occupant, if the same can be located after reasonable effort, reasonable notice of a request for consent to enter the affected property for purposes of conducting an inspection.  If an owner or occupant refuses entry after a request for entry has been properly made or the owner or occupant cannot be located after reasonable effort, the enforcement officer may seek an inspection warrant from a court of competent jurisdiction.  (Ord. C-1-03 §2(part), 2003).

1.13.020 Authority to obtain records.

In any enforcement action, the city attorney shall have the right and authority to request and review records from a responsible party or any third party that are, or may be, related to the subject matter of the enforcement action, and to make copies of the same (at the expense of the city), in any manner authorized by law.  (Ord. C-1-03 §2(part), 2003).

1.13.030 Authority to abate nuisance conditions.

Upon determining that a nuisance condition exists, an authorized representative of the city may petition a court of competent jurisdiction for an abatement warrant authorizing an enforcement officer or any employee, authorized agent, representative or contractor of the city to enter onto any affected property to abate the nuisance condition.  An abatement warrant, as contemplated in this section, shall be requested in the same manner, and be in substantially the same form, as an inspection warrant.  (Ord. C-1-03 §2(part), 2003).

1.13.040 Execution of inspection warrant or abatement warrant.

Upon issuance of an inspection warrant or abatement warrant, as described in this chapter, the enforcement officer shall cause such warrant to be executed in accordance with the procedures set forth in Code of Civil Procedure Section 1822.56.  (Ord. C-1-03 §2(part), 2003).