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(A) All inspections, entries, examinations and surveys shall be conducted in compliance with the protections provided under the United States Constitution, the California State Constitution, and all other laws that may apply under the circumstances.
(B) City enforcement officials are authorized to enter upon any property or premises to ascertain whether the provisions of the City of Indio Municipal Code or applicable state codes are being obeyed, and to make any examinations, inspections and surveys as may be necessary in the performance of their enforcement duties. These may include the taking of photographs, video recordings, audio recordings, soil samples, water samples, or other the collection of other physical evidence.
(C) If an owner, occupant or agent refuses to grant city enforcement officials permission to enter upon any property or refuses to allow a city enforcement official to conduct any necessary examination, inspection or survey, the enforcement official may seek an administrative inspection warrant pursuant to the applicable procedures provided for in the California Code of Civil Procedure.
(Ord. 1809, passed 2-21-24)
(A) City enforcement officials are authorized to place a person under arrest in accordance with the California Penal Code § 836.5, § 853.6, and § 830 et seq.
(B) City enforcement officials that do not have the powers of arrest provided under Penal Code § 830 et seq. may only arrest a person by issuing a misdemeanor field citation, or by effecting a citizen's arrest with the assistance of a peace officer.
(Ord. 1809, passed 2-21-24)
(A) It shall be unlawful for any person to perform any act that is prohibited, made or declared to be unlawful or an offense by this code, or to violate any provision or fail to comply with any of the requirements of this code or for any property owner or occupant to maintain or use property in the city in a manner that constitutes a public nuisance.
(B) A violation of any of the provisions of this code, or failing to comply with any of the mandatory requirements of this code shall constitute a public nuisance.
(C) In accordance with California Penal Code § 370, the following shall constitute a public nuisance and a violation of this code:
(1) Anything which:
(a) Is injurious to health, or
(b) Is indecent, or
(c) Is offensive to the senses, or
(d) Is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or
(e) Unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway.
(D) In accordance with California Civil Code § 3479, the following shall constitute a public nuisance and a violation of this code:
(1) Anything which:
(a) Is injurious to health, including, but not limited to, the illegal sale of controlled substances, or
(b) Is indecent or offensive to the senses, or
(c) Is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or
(d) Unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance.
(E) In accordance with California Government Code § 38771, § 39501, § 39502, § 39560, § 39561, and § 39561.5 the following shall constitute a public nuisance and a violation of this code:
(1) Weeds.
(a) Any property, premises, buildings, grounds or lots and their adjacent parking areas, sidewalks, or streets containing weeds which:
(i) Bear wingy or downy seeds, or
(ii) Constitute a menace to the public health, or
(iii) Endangers the public safety by creating a fire hazard, or
(iv) May harbor rats, vermin, ticks, or other disease carriers, or pests, or
(v) Constitute an unsightly appearance, or
(vi) Constitute an attractive nuisance, or
(vii) Are otherwise noxious or dangerous.
(b) For purposes of this section "Weeds" include any and all variations of:
(i) Sagebrush, cactus, chaparral, poison oak, poison ivy, grass, stubble, brush, vegetation, and any other bush, shrub, plant, fungus, or other organic growth.
(2) Rubbish.
(a) Any property, premises, buildings, grounds or lots and their adjacent parking areas, sidewalks, or streets containing rubbish which:
(i) Constitutes a menace to the public health, or
(ii) Endangers the public safety by creating a fire hazard, or
(iii) May harbor rats, vermin, ticks, or other disease carriers, or pests, or
(iv) Constitutes an unsightly appearance, or
(v) Constitutes an attractive nuisance, or
(vi) Is otherwise noxious or dangerous.
(b) For purposes of this section "Rubbish" includes any and all variations of:
(i) Trash, litter, garbage, seeds, plant trimmings, grass clippings, palm fronds, leaves, food, fruit, vegetables, meat, metal, glass, wood, cardboard, plastic, appliances, chemicals, containers, bags, furniture, boxes, clothing, tarps, mattresses, foam, wire, paper, clothing or any other inorganic material, or organic material.
(F) A violation of any of the provisions or failing to comply with any of the mandatory requirements of this code shall constitute a misdemeanor except when the violation of a provision of this code is specifically declared to be an infraction.
(G) Notwithstanding any other provision of this code, any violation constituting a misdemeanor under this code may, in the discretion of the City Attorney, be charged and prosecuted as an infraction. Except as otherwise provided, each and every day that any violation of this code shall continue shall constitute a separate offense. The person committing or permitting such offenses may be charged with separate offenses for each such violation and punished accordingly.
(H) Abatement of a public nuisance may be accomplished by any of the methods described in this code, including criminal prosecution, civil injunction, administrative abatement, civil penalties, revocation of permits, notice of violation, recordation of the notice of violation and withholding of future municipal permits, or as otherwise allowed under state law.
(Ord. 1809, passed 2-21-24)
(A) Purpose. This section is adopted for the purpose and intent of establishing a uniform procedure for issuing subpoenas for the attendance of witnesses, to compel their attendance and testimony, to administer oaths and affirmations, to take evidence, and to issue subpoenas for the production of any papers, books, accounts, records, documents, writings as defined in California Evidence Code § 250 or other items that may be relevant to any investigation, enforcement action, or prosecution of any matter over which the City Council has legislative and/or appropriative authority.
(B) Authority. The procedures set forth herein are authorized by California Government Code § 37104, et seq.
(C) Issuance of subpoena. The City Council may authorize, through the adoption of a resolution, the City Clerk (with the assistance of the City Attorney) to prepare and serve subpoenas for any matter that is described within this section. Such resolution shall state the existence of an investigation, enforcement, prosecution or other proceeding within the City Council's legislative and/or appropriative authority and findings specifying the purposes of the subpoena and the relevancy of the subpoenaed testimony and materials thereto. The Mayor shall sign all subpoenas. The City Clerk shall attest to the Mayor's signature. Upon such signature and attestation, the subpoena shall be deemed to have been issued by the City Council.
(D) Form of subpoena. Subpoenas issued pursuant to this section shall be a form approved by the City Attorney.
(E) Failure to comply. If any person refuses or fails to comply with a subpoena issued under this section, the Mayor may report the noncompliance to the judge of the superior court, in accordance with Government Code § 37106, and apply for an attachment and/or order to compel that person's full and complete compliance with the subpoena(s). In the event that the court determines that the person is in noncompliance with the subpoena(s) and the person does not obey the order of the court requiring such compliance, the person may be held in contempt, in addition to any other penalties that may be authorized by this code for noncompliance with the subpoena(s) or under any other applicable laws.
(Ord. 1809, passed 2-21-24)
DIVISION 3. NOTICE
(A) Whenever a notice is required to be given under the City of Indio Municipal Code for enforcement purposes, the notice shall be served by any of the following methods unless different provisions are otherwise specifically stated to apply:
(1) Personal service; or
(2) First-class mail; or
(3) Certified mail; or
(4) Electronic service, only if the party to receive notice has consented to electronic service; or
(5) Posting the notice conspicuously on or in front of the property. The form of the posted notice shall be approved by the City Manager.
(B) Service by certified or first-class mail.
(1) If service is provided by certified or first-class mail in the manner described above, the service shall be effective on the date of mailing.
(2) Class mail. The same notice may be sent simultaneously by certified and first-class mail.
(3) If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to first-class mail, provided the notice that was sent by first-class mail is not returned.
(C) Electronic service.
(1) This section shall be consistent with § 1010.6 of the California Code of Civil Procedure and the rules of court adopted by the Judicial Council for electronic service.
(2) Definitions.
(a) "Electronic service" means service of a document, on a person, by either electronic transmission or electronic notification. Electronic service may be performed directly by a person, including a party, by a person's agent, including the person's attorney, or through an electronic filing service provider, and by a court.
(b) "Electronic transmission" means the transmission of a document by electronic means to the electronic service address at or through which a person receives electronic service.
(c) "Electronic notification" means the notification of the person that a document is served by sending an electronic message to the electronic address at or through which the person receives electronic service, specifying the exact name of the document served, and providing a hyperlink at which the served document may be viewed and downloaded.
(3) Procedure.
(a) Electronic service of that document is deemed complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent.
(b) Any document that is served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed served on that court day. Any document that is served electronically on a non-court day shall be deemed served on the next court day.
(4) Consent to electronic service.
(a) Persons represented by counsel.
(i) A person represented by counsel, who has appeared in an action or proceeding, shall accept electronic service of a notice or document that may be served by certified or first-class mail.
(ii) A person represented by counsel shall, upon the request of any representative of the citing agency, electronically serve the citing agency at the provided electronic service address with any notice or document that may be served by certified or first- class mail.
(b) Unrepresented persons.
(i) An unrepresented party may provide express consent to receive electronic service by submitting written consent to the City Clerk.
(ii) The written consent must include a valid electronic service address (a valid e-mail address); the party's full name; and the written consent must be attached to a copy of the matter the party is requesting electronic service for.
(c) Withdrawal of consent.
(i) An unrepresented party who has provided express consent to accept service electronically may withdraw consent at any time by serving the City Clerk with written notice of withdrawal of their consent.
(ii) Counsel for a represented party may withdraw consent to electronic service at any time by serving the City Clerk with written notice of withdrawal of their consent.
(D) The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this code.
(Ord. 1809, passed 2-21-24)
(A) Proof of service of notice may be made by the certificate of any officer or employee of this city or by affidavit of any person over the age of 18 years. The proof of service shall show that service was done in conformity with this code or other provisions of law applicable to the subject matter concerned.
(Ord. 1809, passed 2-21-24)
(A) Whenever a document is recorded with the County Recorder as authorized or required by the City of Indio Municipal Code or applicable state codes, recordation shall provide constructive notice of the information contained in the recorded documents.
(Ord. 1809, passed 2-21-24)
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