Chapter 1.15 SUPPLEMENTARY ENFORCEMENT AUTHORITY

Chapter 1.15
SUPPLEMENTARY ENFORCEMENT AUTHORITY

Sections:

1.15.020 Enforcement methods provided herein not exclusive.

1.15.010 Summary abatement procedure.

Notwithstanding any other provision of this code, whenever, in the reasonable judgment of the code enforcement officer, the existence or continuance of any violation of this code or any nuisance condition poses an imminent or immediate threat of harm to persons or property, or to public health, welfare or safety, a code enforcement officer may act immediately and without prior notice or hearing to abate such violation or condition. The expense or cost resulting from such summary abatement shall be enforceable as a personal obligation of the responsible party and may be imposed as a lien or a special assessment on real property, as described in Section 1.14.070. The code enforcement officer shall serve a post-abatement notice on the owner and any known responsible parties in accordance with the procedures described in Chapter 1.20, informing them that the city has summarily abated a violation or condition on the affected property. Such post-abatement notice shall describe the date and location of the summary abatement, a brief description of the condition that constituted a violation and the need for summary abatement, the code section(s) violated, notice that the costs incurred by the city for the summary abatement may be assessed against the owner and/or responsible party, and notice of the right to seek a hearing on the summary abatement action. The owner or responsible party shall have the right to a hearing to determine whether a code violation existed; whether the code violation or imminent condition posed any immediate threat of harm justifying the summary abatement; and/or whether he or she is the responsible party by filing a request for hearing pursuant to the procedure set forth in Section 1.18.070. (Ord. 659-2008 § 2 (part), 2008)

1.15.020 Enforcement methods provided herein not exclusive.

Nothing in Chapters 1.10 through 1.20 shall prevent the city from initiating any other legal or equitable proceeding to obtain compliance or to discourage noncompliance with the provisions of this code. The enforcement procedures described in Chapters 1.10 through 1.20 are intended to be alternative methods of obtaining compliance or discouraging noncompliance and are expressly intended to be in addition to any other remedies provided by law or this code. It is the intent of the city council that the immunities prescribed in Penal Code Section 836.5 and Government Code Section 820.2 shall be applicable to the code enforcement officer, and any other public officers or employees, acting in the course and scope of employment pursuant to Chapters 1.10 through 1.20. (Ord. 659-2008 § 2 (part), 2008)

1.15.030 No mandatory duty of care.

Chapters 1.10 through 1.20 are not intended to impose, and shall not be construed or given effect in a manner that imposes, upon the city, or any officer, employee, agent, or representative of the city, a mandatory duty of care toward persons or property within and without the city limits, so as to provide a basis of civil liability for damages, except as may otherwise be imposed by law. (Ord. 659-2008 § 2 (part), 2008)