(A) Unlawful property conditions. It is unlawful for any responsible party to maintain such property in any condition that violates the provisions of the Red Bluff Municipal Code including, but not limited to, the conditions described in § 15.1 and § 15.2 of this code. Any condition meeting the description of an IMMEDIATELY DANGEROUS BUILDING, IMMEDIATELY DANGEROUS CONDITION, DANGEROUS BUILDING, SUBSTANDARD BUILDING or PUBLIC NUISANCE as these terms are defined in § 15.3 of this code, is declared to be a public nuisance, and is subject to administrative enforcement under this chapter. Such procedures shall not be exclusive and shall not in any manner limit or restrict the city from imposing fines or penalties or abating public nuisances in any other manner provided by law.
(B) Authority to enter, inspect and abate property. For the purposes of this chapter, any enforcement officer shall have the power to enter onto any public or private property within the city of Red Bluff in order to determine the existence of a violation of any provision of the municipal code, and to make any inspection, examination, or survey as may be necessary to perform enforcement duties. Any enforcement officer shall also have the power to abate any building or premises whenever necessary to secure compliance with or prevent violation of any provision of this chapter. All entries, inspections, examinations, surveys and abatements shall be done in a reasonable manner. If an owner, occupant, or agent refuses permission to enter, inspect or abate, the enforcement officer may seek an administrative inspection warrant pursuant to California Code of Civil Procedure §§ 1822.50 through 1822.59, as may be amended from time to time.
(C) Compliance order.
(1) Whenever an enforcement officer determines that any property is maintained in violation of the municipal code, he or she may serve on the responsible party a written compliance order. In addition to any information required for particular violations pursuant to §§ 15.1 or 15.2 the compliance order shall contain:
(a) The date and location of the violation;
(b) The section of the code violated and a description of the violation;
(c) The actions required to correct the violation(s);
(d) The time period after which administrative penalties will begin to accrue if compliance with the order has not been achieved;
(e) An explanation of the consequences of noncompliance with the compliance order and a description of the hearing procedure and appeal process.
(2) Service of the compliance order shall be made as set forth in § 15.4 of this chapter.
(D) Notice of pendency of action.
(1) Concurrent with service of the compliance order as provided for in § 15.10 of this chapter, the enforcement officer may record a notice of pendency of action with the County Recorder. The enforcement officer shall instruct the County Recorder to record the notice and index it in the property index as well as in the name of each owner of record as shown in the last equalized assessment roll or the supplemental roll, whichever is more current, and/or as known to the enforcement officer. The notice shall be in a form approved by the City Attorney.
(2) Service of the notice of pendency of action shall be made as set forth in § 15.3 of this chapter.
(3) Upon completion of service, the notice of pendency of action shall be recorded against the property where the violation(s) exist. Such recording shall be made by the Tehama County Recorder.
(4) Any OWNER, as defined by Red Bluff Municipal Code § 15.3, may contest the validity of the notice of pendency of action by making application to the Secretary of the Administrative Hearings Board within 30 calendar days from the date the notice of pendency of action is served. The administrative hearing officer shall hear any such application no later than 30 calendar days after a timely application is made.
(E) Notice of final disposition. When all violations noted on a notice of pendency of action have been abated or when equity may otherwise require, the enforcement officer shall promptly record a release of the notice of pendency of action. The enforcement officer shall serve notice of the release of the notice of pendency of action pursuant to § 15.4.
(Ord. 1074, passed 7-18-2023)