A. Enforcement Procedures.
1. This Chapter provides for criminal, civil and administrative enforcement procedures for Code violations and public nuisances. The enforcement officer is hereby authorized to select and pursue any one or more of the enforcement procedures for each Code violation or public nuisance. The enforcement officer is further authorized to pursue the enforcement procedures provided for in Sections 1.20.030 (Special Enforcement Provisions) and 1.20.070 (Summary Enforcement Procedures) where applicable. Notwithstanding the foregoing, the enforcement officer is also authorized to pursue any and all other enforcement procedures provided for by this Code and any procedures or remedies provided for under the laws of the State of California.
3. If, after issuance of the notices provided for in this Section and the expiration of the correction or abatement period stated in the notice of public nuisance, the responsible person has failed to complete the corrections or abatement specified in the notice of public nuisance, the enforcement officer may proceed with the criminal, civil and/or administrative procedures provided for in this Chapter with respect to the noticed Code violation(s) or public nuisance(s).
B. Notice to Responsible Person.
1. Initial Notice. The enforcement officer shall, upon the identification of any Code violation or public nuisance which does not constitute an imminent danger or hazard under Section 1.20.070 of this Chapter, advise the responsible person in writing of the existence thereof by means of a notice of violation, a stop work order or a notice to cease use or occupancy as provided herein.
2. Notice of Violation. Unless this Section prescribes the use of a stop work order or a notice to cease use or occupancy, the enforcement officer shall issue a notice of violation to the responsible person describing the Code violation(s) or public nuisance(s) stating a reasonable period of not less then seven (7) calendar days during which correction or abatement must occur and setting forth the actions required to correct the Code violation or abate the public nuisance. The notice shall also inform the responsible person of his liability for enforcement costs and any abatement costs incurred by the City in the enforcement procedure if the Code violation or public nuisance is not fully corrected within the stated period. The responsible person shall correct the Code violation or abate the public nuisance within the time stated in the notice.
3. Stop Work Order. Whenever any work is being done without or in violation of the appropriate permit or license or that is otherwise contrary to the provisions of the Code, the enforcement officer may order such work discontinued and the buildings, dwellings or structures, or portion thereof, vacated by notice issued to the responsible person. The notice shall describe the Code violation(s) or public nuisance(s), state a reasonable period of not less then seven (7) calendar days during which correction or abatement must occur and set forth the actions required to correct the Code violation or abate the public nuisance. The notice shall also inform the responsible person of his liability for enforcement fees and abatement costs incurred by the City in the enforcement procedure if the Code violation or public nuisance is not fully corrected within the stated period. When a stop work order is issued, any and all persons shall forthwith stop such work until the violations have been corrected; and the City has authorized the responsible person to proceed with the work.
4. Notice to Cease Use or Occupancy. Whenever any building, dwelling, structure or equipment therein regulated by the Code is being used or occupied contrary to the provisions of the Code, the enforcement officer may order such use discontinued and the building, dwelling, structure or equipment vacated by issuance of a notice to cease use or occupancy to the responsible person. The notice shall describe the Code violation(s) or public nuisance(s), state a reasonable period of not less then seven (7) calendar days by which the use or occupancy of the building, dwelling, structure or equipment must cease; state a reasonable period of not less than seven (7) calendar days during which correction or abatement must occur; and set forth the actions required to correct the Code violation or abate the public nuisance. The notice shall also inform the responsible person of his liability for enforcement fees and abatement costs incurred by the City in the enforcement procedure if the Code violation or public nuisance is not fully corrected within the stated period. All persons shall cease use or occupancy of the building, dwelling, structure or equipment within the time stated in the notice. The responsible person shall make the required corrections or complete the abatement within the time stated in the notice.
C. Notice of Public Nuisance. If, upon expiration of the period stated in the notice of violation, stop work order or notice to cease use or occupancy, the corrective or abatement work specified in the notice has not been completed, the enforcement officer shall issue a notice of public nuisance to the responsible person. The responsible person shall complete the corrective or abatement work within the time stated in the notice.
D. Issuance of Notices.
1. All notices required under this Section shall be issued to the responsible person in the following manner:
a. Except as is provided in Subsection c. hereinbelow, the enforcement officer shall, with reasonable diligence, attempt to personally serve the notice on the responsible person in the manner provided in California Code of Civil Procedure Section 415.10 or 415.20.
b. If after reasonable diligence the enforcement officer is not able to personally serve the notice as provided in Subsection a. hereinabove, the enforcement officer may issue the notice by completing both of the following:
(1) Posting the notice in a conspicuous place at the real property, building, dwelling or structure where the Code violation or public nuisance is alleged to exist; and
(2) Mailing a copy of the notice by certified mail, postage prepaid, to the responsible person at his last known address.
c. At the discretion of the enforcement officer, subsequent notice of public nuisance which relates to the initial Code violation or public nuisance may be served upon the responsible person by certified mail, postage prepaid, at his last known address.
2. Notwithstanding the provisions of this Section, the failure of any responsible person to actually receive any of the notices provided for under this Section shall not invalidate any enforcement procedure taken against the responsible person pursuant to this Chapter.
E. Right of Entry and Inspection.
1. The enforcement officer is hereby authorized to enter upon or into, in compliance with this Section, any real property, building, dwelling or structure located within the City and its sphere of influence for the purpose of investigating the existence of suspected or reported Code violations and public nuisances.
2. The enforcement officer shall only enter upon or into real property, buildings, dwellings and structures for the purpose of making an inspection as follows:
a. If the enforcement officer has duly obtained an inspection warrant pertaining to the real property, buildings, dwellings or structures from a California court of competent jurisdiction; or
b. If the enforcement officer is accompanied by a peace officer who has obtained a search warrant pertaining to the real property, buildings, dwellings or structures from a California court of competent jurisdiction; or
c. If the enforcement officer is accompanied by a peace officer without a search warrant but there exists facts that the peace officer determines fulfill an exemption to the search warrant requirement under prevailing state or federal law; or
d. If the enforcement officer has obtained the permission of the responsible person or the owner, tenant, or occupant of the real property, buildings, dwellings or structures to be entered upon or in; or
e. If the enforcement officer is informed of facts reasonably showing that an emergency exists or that there exists on or in the real property, buildings, dwellings or structures a condition which is imminently dangerous, hazardous or injurious to the public health or safety.
3. Nothing in this Section shall prohibit an enforcement officer from making a visual inspection of any real property, building, dwelling or structure from the public right-of-way or from any other real property, building, dwelling or structure for which the enforcement officer has obtained permission to enter by the owner, tenant or occupant thereof.
4. No person shall hinder or prevent an enforcement officer from entering, in compliance with this Section, upon or in any and all real property, buildings, dwellings or structures for the purpose of conducting any inspection authorized by this Chapter or as may otherwise be provided for in this Code or the laws of the State of California.