§ 11.15.050 NUISANCES ABATEMENT AUTHORITY.

   (A)   Whenever necessary to investigate and ascertain, and/or to abate any violation of the provisions of this chapter, or whenever there is reasonable cause to believe that there exists a violation of this chapter, the enforcing officer may enter onto any premises or into any building upon presentation of proper credentials to the owner and/or the occupant thereof. Notwithstanding the foregoing, the enforcing officer may enter onto any premises or into any building under authority of warrant issues pursuant to Cal. Code of Civil Procedure §§ 1822.50 et seq. All costs incurred by the county in seeking and obtaining an administrative warrant may be recoverable as abatement costs.

   (B)   Whenever the enforcing officer determines that a public nuisance as described in this chapter exists on any premises within the unincorporated area of San Benito County, he or she is authorized to do any one or more of the following:

      (1)   Create a cause of action for civil penalty and/or abatement pursuant to Chapters 1.03, 1.04, and/or 1.06 of the San Benito County Code, or any other action authorized by law;

      (2)   Abate the nuisance in accordance the procedures of §§ 11.15.095 through and including 11.15.115;

      (3)   Determine and collect an administrative civil penalty in accordance with the procedures provided in §§ 11.15.090 through and including 11.15.115; or

      (4)   Seek relief from any court to abate the nuisance and/or collect civil penalties through the Office of the County Counsel, without first going through the administrative procedures set forth in this chapter.

      (5)   Notwithstanding any other provision of this chapter, when any unlawful cannabis cultivation constitutes an immediate threat to public health or safety, the enforcing officer may summarily abate the nuisance in accordance with the procedures provided in § 11.15.160.

(Ord. 959, § 11, 2017; Ord. 963, § 9, 2017)