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(Added by Ord. No. 173,011, Eff. 1/30/00.)
The General Manager shall have the power to render interpretations of this article and to adopt and enforce rules and supplemental regulations to clarify the application of its provisions. These interpretations, rules and regulations shall be in conformity with the intent and purpose of this article.
(Added by Ord. No. 173,011, Eff. 1/30/00.)
Nothing in this article shall be interpreted as limiting or prohibiting the authority of City officers or departments to continue to enforce any other provision of this Code or any state or federal law under their jurisdiction. Nothing herein shall be interpreted as authorizing the enforcement of this article contrary to any provision of state or federal law.
(Title and Section amended by Ord. No. 185,644, Eff. 7/6/18.)
A. Issuance of Orders. If, upon inspection, one or more violations of this Code is discovered, the General Manager shall cause to be issued a notice and order pursuant to this Article, except that, upon inspection, if the premises is declared substandard pursuant to the State Housing Law (Part 1.5 of Division 13 of the California Health and Safety Code), the General Manager shall cause to be issued a notice and order pursuant to the provisions of the State Housing Law.
B. Service on Property Owner/Landlord. Except as otherwise provided, any notice or order required to be served on the property owner/landlord under this Article shall be completed by either:
1. Personal service; or
2. Posting a copy of the notice or order in a conspicuous place on the property along with service by United States Mail, in a sealed envelope, postage prepaid, addressed to the person to be notified at the address as listed in the last equalized assessment roll. Service by mail shall be deemed complete at the time of deposit in the mail.
C. Service on Tenant. Except as otherwise provided, any notice or order required to be served on the tenant under this Article shall be completed by either:
1. Personal service; or
2. Posting the notice or order in a conspicuous place on the property and on a prominent place on each affected unit; or
3. Posting a copy of the notice or order in a conspicuous place on the property along with service by United States mail, in a sealed envelope, postage prepaid, to each affected residential unit. Service by mail shall be deemed complete at the time of deposit in the mail.
(Title and Section amended by Ord. No. 185,644, Eff. 7/6/18.)
A. Arrest Authority and Immunity. In the performance of the General Manager’s duty, the General Manager shall have the power, authority and immunity of a public officer or employee as set forth in California Penal Code Section 836.5 and to make arrests without a warrant whenever the General Manager has reasonable cause to believe that the person to be arrested has committed a misdemeanor or an infraction in the General Manager’s presence in violation of an ordinance or statute which the employee has the duty to enforce, including: Sections 12.21 A.1.(a), 12.21 A.4.(m), 12.21 A.8., 12.21 C.1.(g), 80.01.1, 91.109.1, 91.310.4, 91.6103, 91.6109, 91.8102.2, 91.8104, and 91.8603.1.1 of this Code, or a violation of California Penal Code Sections 556 or 556.1.
B. Written Notice to Appear. In accordance with Section 11.06(b) of this Code, in cases where a person is arrested pursuant to this Article and does not demand to be taken before a magistrate, the public officer or employee making the arrest shall prepare a written notice to appear and shall release the person on the person’s promise to appear as prescribed by California Penal Code Sections 853.5 and 853.6. If the person signs the written notice to appear, thereby promising to appear, the person shall not be taken into physical custody.
(Added by Ord. No. 173,011, Eff. 1/30/00.)
For additions, alterations or repairs, see the provisions of Chapter IX of this Code.
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