Chapter 1.11


1.11.010    Authority to inspect property.

1.11.020    Authority to obtain records.

1.11.030    Authority to abate nuisance conditions.

1.11.040    Execution of inspection warrant or abatement warrant.

1.11.010 Authority to inspect property.

A code enforcement officer may, upon presentation of credentials identifying the code enforcement officer as a city employee, enter upon any affected property at any reasonable time to inspect the same or to perform any act or acts related to the performance of his or her enforcement duties, subject to the procedures below. Inspections may include or involve the taking of photographs, samples, measurements, surveys, or obtaining other physical evidence, and/or conferring with any person(s) present at the affected property or location, as permitted by law and consistent with legally recognized privacy rights. If a code enforcement officer has reasonable cause to believe that a condition exists that poses an imminent or immediate threat of harm to persons or property, or to public health, welfare or safety, the code enforcement officer may enter the affected property or location without prior notification to the owner or occupant, subject to privacy and personal property rights and any other applicable provisions of law, including the state and federal constitutions. In all other cases, a code enforcement officer shall give the owner and/or occupant, if the same can be located after reasonable effort, reasonable notice of a request for consent to enter the affected property for purposes of conducting an inspection. If an owner or occupant refuses entry after a request for entry has been properly made or the owner or occupant cannot be located after reasonable effort, the code enforcement officer shall seek an inspection warrant from a court of competent jurisdiction, and the costs of obtaining the inspection warrant shall be included as costs of abatement. (Ord. 659-2008 § 2 (part), 2008)

1.11.020 Authority to obtain records.

In any enforcement action, the city attorney, code enforcement officer, or hearing officer shall have the right and authority to request and review records from the responsible party or any third party that is, or may be, related to the subject matter of the enforcement action, and to make copies of the same (at the expense of the city), in any manner authorized by law. (Ord. 659-2008 § 2 (part), 2008)

1.11.030 Authority to abate nuisance conditions.

If an abatement order requires or authorizes the city to abate a nuisance condition or to correct any other violation of this code, an authorized representative of the city may petition a court of competent jurisdiction for an abatement warrant authorizing a code enforcement officer or any employee, authorized agent, representative or contractor of the city to enter onto any affected property to abate the nuisance condition. An abatement warrant, as contemplated in this section, shall be requested in the same manner, and be in substantially the same form, as an inspection warrant. The costs of obtaining the abatement warrant shall be included as costs of abatement. The city shall seek the consent of the responsible party or owner to allow the city to perform the necessary work prior to seeking an abatement warrant from a court. (Ord. 659-2008 § 2 (part), 2008)

1.11.040 Execution of inspection warrant or abatement warrant.

Upon issuance of an inspection warrant or abatement warrant, as described in this chapter, the code enforcement officer shall cause such warrant to be executed in accordance with the procedures set forth in Code of Civil Procedure Section 1822.56. (Ord. 659-2008 § 2 (part), 2008)