(a) General. The County Official and each agent or deputy thereof who is assigned to duties which include the enforcement of this Division, and any peace officer, are authorized to enforce the provisions of this Division, including the activities set forth in this section below.
(b) Directors of Public Works and Planning and Development Services. The Director of Public Works and the Director of Planning and Development Services shall each generally have enforcement authority relating to work done pursuant to, or compliance with, a permit issued by the respective Director, acting as the "County Official" in the areas specified in Section 87.803. Enforcement authority relating to work or activities conducted without the necessary permit having been obtained, is given to the Director of Public Works in cases involving work or activities subject to Chapter 6 (Watercourses) of this Division, and to the Director of Planning and Development Services in all other cases.
(c) Inspections. The County Official may enter any property or premises subject to this Division for the purpose of determining compliance with this Division.
(d) Order to Stop or Repair Work. Whenever the County Official determines that any existing excavation, embankment or fill endangers or adversely affects the safety, use or stability of any public or private property, or that any work is being done contrary to the provisions of this Division or other laws implemented through the enforcement of this Division, he or she may order work to be stopped and/or repairs or corrections to be made, by serving written notice on the owner, permittee or any person engaged in the doing or causing such work to be done, and such persons shall immediately stop such work until authorized by the County Official in writing to proceed.
(e) Notice of Violation. The County Official may issue and enforce Notices of Violation and Notices of Ineligibility For Land Development, pursuant to this Division.
(f) Site Restoration. The County Official may order the site of illegal grading or clearing to be restored, pursuant to Section 87.110 below.
(g) Administrative Remedies. The County Official may pursue the Administrative Remedies set forth at Division 8 of Title 1 of this Code, including the issuance of Administrative Citations pursuant to Chapter 1 (commencing with Section 18.101) of said Division 8.
(h) Arrests and Citations. The County Official shall have the power to make arrests for violations of this Division and State laws which he or she has a duty to enforce, and to issue citations for such violations. Any person so arrested who does not demand to be taken before a magistrate may instead be cited in the manner prescribed in Chapter 5C (commencing with Section 853.5) of Title 3, Part 2 of the Penal Code. The County Official may arrest an owner without warrant whenever they have reasonable cause to believe that the person arrested has committed a violation of this Division, provided that the officer or employee making the arrest shall have completed a course of training that meets the minimum standards prescribed by the Commission on Peace Officer Standards and Training as prescribed by Section 832(a) of the Penal Code. An officer or employee making an arrest under this Section shall follow the citation-release procedures prescribed by the Penal Code.
(i) Non-Liability. The County Official or any employee charged with the enforcement of this Division, acting in good faith and without malice for the County in the discharge of his duties, shall not thereby render himself or herself liable personally and he or she is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his duties. Any suit brought against the County Official or employee, because of such act or omission performed by him or her in the enforcement of any provisions of this Division, shall be defended by the legal department of the County until final termination of the proceedings.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 10224 (N.S.), effective 10-25-12)