Chapter 4.02
CODE ENFORCEMENT AUTHORITY AND POWERS
Sections:
4.02.010 Declaration of purpose.
4.02.020 General enforcement authority.
4.02.021 Authority to issue notice to appear and release citations.
4.02.040 Authority to inspect.
4.02.010 Declaration of purpose.
The city council finds that the enforcement of this code and applicable state codes throughout the city is an important public service. Code enforcement is vital to protection of the public’s health, safety and quality of life. The council recognizes that enforcement depends upon clear and precise regulations that can be effectively applied in administrative enforcement hearings and judicial proceedings. The council further finds that a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to gain code compliance. Administrative remedies are designed to provide fair and efficient methods of enforcing the provisions of this code without the required expense and consumption of time that judicial actions may require. Failure to comply with an administrative code enforcement action may require the city attorney to file a judicial action to compel compliance. (Ord. 852 § 2, 2003)
4.02.020 General enforcement authority.
All city enforcement officials designated in Section 4.02.021 shall have the authority and powers necessary to gain compliance with the provisions of this code and applicable state codes for which they are responsible. These powers include the power to issue notices of violation and field citations, inspect public and private property with a search warrant or with the permission of the owner/occupant, and use whatever judicial and administrative remedies are available under this code or applicable state codes. (Ord. 852 § 2, 2003)
4.02.021 Authority to issue notice to appear and release citations.
A. Pursuant to the provisions of Section 836.5 of the Penal Code of the State of California, certain officers and employees of the city of Capitola are authorized to issue written notice to appear and release citations for misdemeanors or infraction violations of city ordinances, which such officers or employees have the duty to enforce.
B. The following officers and employees of the city of Capitola are hereby designated and authorized to issue said citations:
1. Building Department: Building official and his or her designated subordinates.
2. Finance Department: Finance director and his or her designated subordinates.
3. Planning Department: Community development director and his or her designated subordinates.
4. Public Works Department: Public works director and his or her designated subordinates.
5. Police Department:
a. Chief of police;
b. All sworn personnel;
c. Community service officers. (Ord. 852 § 2, 2003)
4.02.030 Notice of violation.
Chapter 4.10 provides the procedure for issuance and recordation of notices of violation where other sections of this code or applicable state codes do not provide an alternative procedure. (Ord. 852 § 2, 2003)
4.02.040 Authority to inspect.
City enforcement officials are authorized to enter upon any property or premises to ascertain whether the provisions of this code or applicable state codes are being obeyed, and to make any examinations, inspections and surveys as may be necessary in the performance of their enforcement duties. These may include the taking of photographs, samples, or other physical evidence. All inspections, entries, examinations and surveys shall be conducted in a reasonable manner. If an owner, occupant or agent refuses permission to enter or inspect, the enforcement official may seek an administrative inspection warrant pursuant to the applicable procedures provided for in the California Code of Civil Procedure. (Ord. 852 § 2, 2003)
4.02.050 Power to arrest.
City enforcement officials are authorized to arrest without a warrant any person whenever the enforcement official has reasonable cause to believe that the person has committed a violation of this code or applicable state codes in his or her presence. Pursuant to Penal Code Section 836.5 the enforcement official can only arrest a person by issuing a misdemeanor field citation or by affecting a citizen’s arrest with the assistance of a peace officer. Custodial arrests may only be effected by sworn peace officers. (Ord. 852 § 2, 2003)