A. Right of Entry:
1. The Manager shall have the right to enter upon any premises at any reasonable time for the purpose of enforcing this UDC, including abatement of violations.
2. If the owner or occupant of any premises located within the City refuses to permit entry to the Manager sought pursuant to this Subsection, or should permission to enter the premises otherwise not be obtainable from the owner or occupant, the Manager may make application to any Judge of the Municipal Court for the issuance of a warrant to inspect the premises or a warrant to search for and/or seize property located upon the premises. The sworn application shall identify the premises upon which entry is sought and the purpose for which entry is desired. The application shall state the facts giving rise to the belief that a condition that is in violation of the requirements of this UDC exists on the premises, or that a violation in fact exists and must be abated. Any warrant issued shall command the owner or occupant to permit entry to the Manager for the purposes stated.
B. Emergency Abatement Order:
1. If the Manager deems that an emergency exists that requires immediate action to protect the public health, safety, and welfare, the Manager may, without prior notice or hearing, issue an order stating that an emergency exists and requiring that such action be taken as deemed necessary to meet the emergency. Notwithstanding any provision of this Part 7.5.9 to the contrary, the order shall be effective immediately.
2. It shall be unlawful for any person to whom an emergency order is issued to fail to comply with the emergency order immediately. In the event that the person to whom the emergency order was issued fails or refuses to immediately comply, the Manager may request, without prior notice to the owner, occupant, or agent of the owner, that the dangerous condition be removed, corrected or otherwise abated to an extent that it is no longer an imminent hazard to the public health, safety and welfare. Except as otherwise provided, the provisions of Part 7.5.9 and Chapter 9, Article 6 of this Code, shall apply to any removal, correction, or other abatement action taken pursuant to an emergency order.
C. Stop Work Order for Hillside Site and Grading Plan:
1. The Manager may issue a stop work order upon a determination that work is being performed without a Hillside Site and Grading Plan required by this UDC or in violation of an existing Hillside Site and Grading Plan if:
a. The nature of the disturbance or work being performed would cause irreparable harm;
b. Less harm would result to the property owner, if the stop work order is issued, than to the public if not issued; and
c. Public interest weighs in favor of preserving the status quo.
2. Stop Work Order decisions may be appealed pursuant to Section 7.5.415 (Appeals). (Ord. 23-03)