Chapter 18.33
ENFORCEMENT
Sections:
18.33.020 Conformity of permits and licenses.
18.33.030 Duty of enforcement.
18.33.050 Notice of violation.
18.33.010 Purpose.
The purpose of these provisions is to ensure that all provisions of this code are properly administered and complied with. [Ord. 24-002 § 5 (Exh. A).]
18.33.020 Conformity of permits and licenses.
No official, department or employee of the City shall issue a permit, certificate, approval or license which conflicts with any provision of this code. Any permit, certificate, approval or license issued which conflicts with any provision of this code shall be void. [Ord. 24-002 § 5 (Exh. A).]
18.33.030 Duty of enforcement.
The Community Development Director shall be the official responsible for the enforcement of this code. The Community Development Director may call upon the City Attorney to institute necessary legal proceedings to enforce the provisions of this code and the City Attorney hereby is authorized to institute appropriate actions to that end. The Community Development Director may call upon the Chief of Police, law enforcement personnel, the Building Official and code enforcement personnel to assist in the enforcement of this code. [Ord. 24-002 § 5 (Exh. A).]
18.33.040 Right of entry.
In the discharge of this duty, the Community Development Director, the Building Official and code enforcement personnel shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection in the following circumstances:
A. With the permission of the owner or occupant;
B. With the written order of a court of competent jurisdiction; or
C. Where the occupant or owner has no reasonable expectation of privacy (e.g., an open lot or an abandoned building). [Ord. 24-002 § 5 (Exh. A).]
18.33.050 Notice of violation.
A. The Community Development Director, Building Official or code enforcement personnel may serve a notice of violation on the owner or his agent, or a tenant, or on an architect, builder, contractor or any other person who commits or participates in any violation. The notice shall list the necessary changes to remedy the violation(s) of this code and may require the removal of any structure or termination of any use in violation of this code. The notice shall state the time period allowed for making the necessary changes.
B. If after receiving a notice of a violation the responsible party does not, in the opinion of the Community Development Director, Building Official, or code enforcement personnel, make the necessary corrections within the time period allowed, the Community Development Director, Building Official or code enforcement personnel may take one (1) or more of the actions as provided in DMC 18.33.060, Remedies. [Ord. 24-002 § 5 (Exh. A).]
18.33.060 Remedies.
A. Criminal Enforcement. The violation of any provision of this code shall be a misdemeanor unless, in the judgment of the City Attorney or other prosecuting attorney, the violation should be prosecuted as an infraction.
B. Civil Enforcement. The City may bring a civil legal or equitable action to remedy any violation of this code, including seeking injunctive relief.
C. Administrative Citations. In addition to all other remedies, the Community Development Director, Building Official, code enforcement personnel and other personnel as designated by the City Council may issue administrative citations pursuant to Article VI of Chapter 9.01 DMC to any person, firm or corporation for violations of any provision of this code.
D. Nuisance. Any condition which is caused or permitted to exist in violation of this code or which is a nuisance under Cal. Civ. Code § 3479 is hereby declared to be unlawful and a public nuisance and may be abated pursuant to Chapter 9.01 DMC.
E. Cumulative Remedies. All remedies provided for herein shall be cumulative and not exclusive. In addition to remedies provided herein, the City may pursue any and all remedies provided under State or Federal laws, including, but not limited to, unfair business practice laws, building and housing laws, and the Drug Nuisance Abatement Act. [Ord. 24-002 § 5 (Exh. A).]