Chapter 18.44
ENFORCEMENT
Sections:
18.44.010 Permits must comply with this title.
18.44.020 Enforcement and right of entry.
18.44.030 Notice of violation.
18.44.040 Criminal enforcement.
18.44.060 Administrative citations.
18.44.080 Cumulative remedies.
18.44.010 Permits must comply with this title.
No official, department or employee of the City shall issue a permit, certificate, approval or license which conflicts with any provision of this title. Any permit, certificate, approval or license issued which conflicts with any provision of this title shall be void. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.44.020 Enforcement and right of entry.
A. The Community Development Director shall be the official responsible for the enforcement of this title. The Community Development Director may call upon the City Attorney to institute necessary legal proceedings to enforce the provisions of this title and the City Attorney hereby is authorized to institute appropriate actions to that end. The Community Development Director may call upon the Chief of Police, law enforcement personnel, the Building Official and code enforcement personnel to assist in the enforcement of this title.
B. In the discharge of this duty, the Community Development Director, the Building Official and code enforcement personnel shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection in the following circumstances:
1. With the permission of the owner or occupant;
2. With the written order of a court of competent jurisdiction; or
3. Where the occupant or owner has no reasonable expectation of privacy (e.g., an open lot or an abandoned building). [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.44.030 Notice of violation.
A. The Community Development Director, Building Official or code enforcement personnel may serve a notice of violation on the owner or his agent, or a tenant, or on an architect, builder, contractor or any other person who commits or participates in any violation. The notice shall list the necessary changes to remedy the violation(s) of this title and may require the removal of any structure or termination of any use in violation of this title. The notice shall state the time period allowed for making the necessary changes.
B. If after receiving a notice of a violation the responsible party does not, in the opinion of the Community Development Director, Building Official, or code enforcement personnel, make the necessary corrections within the time period allowed, the Community Development Director, Building Official or code enforcement personnel may take one (1) or more of the actions as provided in DMC 18.44.040 through 18.44.080. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.44.040 Criminal enforcement.
The violation of any provision of this title shall be a misdemeanor unless, in the judgment of the City Attorney or other prosecuting attorney, the violation should be prosecuted as an infraction. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.44.050 Civil enforcement.
The City may bring a civil legal or equitable action to remedy any violation of this title, including seeking injunctive relief. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.44.060 Administrative citations.
In addition to all other remedies, the Community Development Director, Building Official, code enforcement personnel and other personnel as designated by the City Council may issue administrative citations pursuant to Article VI of Chapter 9.01 DMC to any person, firm or corporation for violations of any provision of this title. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.44.070 Nuisance.
Any condition which is caused or permitted to exist in violation of this title or which is a nuisance under Cal. Civ. Code § 3479 is hereby declared to be unlawful and a public nuisance and may be abated pursuant to Chapter 9.01 DMC. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.44.080 Cumulative remedies.
All remedies provided for herein shall be cumulative and not exclusive. In addition to remedies provided herein, the City may pursue any and all remedies provided under State or Federal laws, including, but not limited to, unfair business practice laws, building and housing laws, and the Drug Nuisance Abatement Act. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]