CHAPTER 1.11
PROPERTY INSPECTIONS AND ABATEMENT

1.11.010 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 the 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 shall seek an inspection warrant from a court of competent jurisdiction, and the costs of obtaining the inspection warrant shall be included as costs of abatement. (Ord. 2385 NCS §1 (part), 2010: Ord. 2250 NCS §3 (part), 2006.)

1.11.020 Authority to obtain records.

In any enforcement action, the city attorney, enforcement officer, or hearing officer shall have the right and authority to request and review records from the responsible party or any third party that is, 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. 2385 NCS §1 (part), 2010: Ord. 2250 NCS §3 (part), 2006.)

1.11.030 Authority to abate nuisance conditions.

If an abatement order requires or authorizes the city to abate a nuisance condition or to correct any other violation of this code, 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. The costs of obtaining the abatement warrant may be included as costs of abatement. The city shall seek the consent of the responsible party or owner to allow the city to perform the necessary work prior to seeking an abatement warrant from a court. (Ord. 2385 NCS §1 (part), 2010: Ord. 2250 NCS §3 (part), 2006.)

1.11.040 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. 2385 NCS §1 (part), 2010: Ord. 2250 NCS §3 (part), 2006.)

1.11.050 Recordation of notice.

A.    Whenever the code official or designated representative determines that a nuisance, as defined in this code, exists, the code official or designated representative may submit for recordation a notice of code violation or notice of substandard conditions with the office of the county recorder. The code official or designated representative shall notify the owner of record, as shown on the most recent tax roll, of the recordation.

B.    The owner may request an appeal hearing before an administrative hearing officer per the procedures set forth in Section 1.14.070. All hearings shall be conducted pursuant to the procedures set forth in Sections 1.14.090 and 1.14.100.

C.    At such time as the code official or designated representative determines that the nuisance has been corrected or removed, the code official or designated representative shall cause a release of notice of code violation or substandard conditions to be recorded in the office of the county recorder. A fee, as set forth by resolution of the city council, may be charged to the property owner for preparation and recordation of a release of notice of code violation or substandard conditions.

(Ord. 2385 NCS §1 (part), 2010.)