(a) Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of the Development Code, or whenever the City Manager has reasonable cause to believe that there exists in any building or upon any premises any violation of the Development Code, the City Manager may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the City Manager by the Development Code. If such building or premises are occupied, the City Manager shall first present proper credentials and demand entry. If such building or premises are unoccupied, the City Manager shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. The City Manager shall be accompanied by a duly authorized law enforcement officer.
(b) Refusal of entry. Should entry be refused, the City Manager shall have recourse to every remedy provided by law to secure entry. When the City Manager shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other person having charge, care, or control of any building or premises shall fail or neglect, after proper demand is made as herein provided, to promptly permit entry therein by the City Manager for the purpose of inspection and examination pursuant to the Development Code. Any person failing or refusing to permit entry shall be deemed to have committed a violation of this Section.
(c) Enforcement procedures. If the City Manager finds that any provision of the Development Code is being violated, the following actions may be taken:
(1) Non-emergency violations. In the case of violations of this Development Code that do not constitute an emergency or require immediate attention, written notice of the nature of the violation and required corrective action to be taken shall be given to the property owner, agent, occupant, or to the applicant for any relevant permit. Notice shall be given in person, by certified U.S. Mail (return receipt requested), or by posting notice on the premises. The notice shall specify the Development Code provisions allegedly in violation, and shall state that the individual has a period of thirty (30) days from the date of the notice of violation in which to correct the alleged violations before further enforcement action shall be taken. The notice shall also state any appeal and/or variance procedures available pursuant to this Development Code. In the event that the violation is not corrected and cured within thirty (30) days of the date of the notice of violation, the City Manager shall refer the violation to the City Attorney who shall promptly file a complaint in municipal court seeking penalties, injunction, abatement and such other remedies as may be appropriate.
(2) Emergency violations. In the case of violations of this Development Code that constitute an emergency as a potential imminent threat to health or safety of the public, to public infrastructure, to damage to other properties, or to soil erosion or water quality degradation, the City Manager may use the enforcement powers available under this Development Code without prior notice, but shall attempt to give notice simultaneously with beginning enforcement action or as soon thereafter as practicable. Notice may be provided to the property owner, agent, occupant, or to the applicant for any relevant permit. The City Manager shall refer the violation to the City Attorney who shall promptly file a complaint in municipal court seeking penalties, injunction, abatement and such other remedies as may be appropriate.
(3) Extension of time for correction. The City Manager may grant an extension of the time to cure an alleged violation, up to a total of ninety (90) days, if the City Manager finds that due to the nature of the alleged violation, it reasonably appears that it cannot be corrected within thirty (30) days.
(Ord. 395 §3, 2016)