A. Duties: The building official shall be the official responsible for the enforcement of this title. In the discharge of his duty, the building official shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. The building official may serve notice requiring the removal of any structure or use in violation of this title to the owner or his authorized agent, on a tenant, or on an architect, builder, contractor or other person who commits or participates in any violation. The building official may call upon the city attorney to institute necessary legal proceedings to enforce the provisions of this title, and the city attorney is hereby authorized to institute appropriate actions to that end. The building official may call upon the chief of police and his authorized agents to assist in the enforcement of this title. (Ord. 622, 9-2-1980)
B. Arrest And Citation Powers:
1. The planning director, and such other persons as shall be deputized by the building official or the planning director, are hereby designated as deputy building officials under this code with all power, duty, rights, authority and responsibility pertaining thereto. They shall have the right, authority and duty to exercise the responsibilities of the office of the building official in accordance with direction from the building official or his superiors in accordance with the provisions of this code.
2. Pursuant to the provisions of Penal Code section 836.5, the building official, the planning director and all other deputy building officials shall have the power of arrest and citation as described in Penal Code section 836.5 and chapter 5C (commencing with section 853.6) with regard to any violation of the provisions of title 9 of this code pertaining to building regulations and the provisions of California state law pertaining to the uniform building code, national electrical code, uniform plumbing code, all primary and secondary codes thereto, uniform mechanical code, uniform housing code and uniform code for the abatement of substandard or dangerous buildings, plus provisions of this title pertaining to zoning including, but not limited to, zoning, signs, site plan review and title 11 relating to subdivisions and other divisions of land. These powers shall be exercised in accordance with the provisions of California law pertaining to citation authority for these purposes; provided however, the building official and such deputies shall not have any other power to take persons into custody except for the purpose of exercising restraint of any person who fails or refuses to execute a written promise to appear and then only until such time as the assistance of a police officer or other peace officer can be obtained; and provided further, the provisions hereof do not create any other peace officer status or authority on the building official or such deputies except as described herein. (Ord. 713, 6-7-1988)