ARTICLE 5 PUBLIC HEALTH AND SANITATION - ENFORCEMENT

SECTION:

6.5.101: Legislative Declaration; Authorization

6.5.102: Right Of Entry

6.5.103: Abatement; Commencement Of Proceedings

6.5.104: Notice And Order

6.5.105: Appeal Of Notice, Order And Reinspection Fees; Hearing

6.5.106: Failure To Comply With Order To Abate

6.5.107: Lien Assessment

6.5.108: Abatement; Emergency Order

6.5.109: Additional Remedies

6.5.110: Adoption Of Rules And Regulations

6.5.101: LEGISLATIVE DECLARATION; AUTHORIZATION:

To fulfill the purpose of this chapter, section 6.1.101 of this chapter, City Council hereby finds and determines that each provision of the Housing Code is intended to protect the public health, safety and general welfare and to provide a healthful, sanitary and clean environment for the residents of the City. The Administrator or Medical Director is hereby authorized to enforce all provisions of this chapter within the City. City Council further finds and determines that certain sections of the Housing Code are intended to address serious life safety standards and hereby authorizes and encourages the Code Enforcement Administrator to enforce the following sections and subsections of the Housing Code to the fullest extent:

Subsections 6.12.301A, B, C, D, G, H and J

Subsections 6.12.302D and E

Subsection 6.12.304A

Subsections 6.12.305A, C, D and F

Section 6.12.306

Subsection 6.12.401G

Section 6.12.404

Section 6.12.405

(1980 Code; Ord. 82-226; Ord. 96-109; Ord. 01-42; Ord. 04-68)

6.5.102: RIGHT OF ENTRY:

   A.   Where the Administrator or Medical Director has reasonable cause to believe that there may exist on any premises located within the City a condition which is dangerous to the public health, safety or welfare, the Administrator or Medical Director may enter upon any premises at any reasonable hour for the purpose of inspecting, abating, removing or preventing any dangerous condition.

   B.   In the event that the owner or occupant of any premises located within the City refuses to permit entry by the Administrator or Medical Director when entry is sought pursuant to subsection A of this section, or the owner or occupant has received a notice and order and either failed to appeal the notice and order within ten (10) days or failed to abate a dangerous condition within the period specified in the notice and order, the Administrator or Medical Director may make application to any Judge of the Municipal Court of the City for the issuance of an inspection and/or an inspection and abatement warrant. The application shall identify the premises upon which entry is sought and the purpose for which entry is desired, and shall state the facts giving rise to the belief that a condition which is dangerous to the public health exists at the premises and otherwise conform with the requirements of CMCR 241. Any warrant issued pursuant to the application shall command the owner or occupant to permit entry by the Administrator or Medical Director for the purpose stated. (1980 Code; Ord. 82-226; Ord. 96-109; Ord. 01-42; Ord. 03-121; Ord. 18-28)