Chapter 4.13
PROPERTY INSPECTIONS AND ABATEMENT
Sections:
4.13.010 Authority to inspect property.
4.13.020 Authority to obtain records.
4.13.030 Authority to abate nuisance conditions.
4.13.040 Execution of inspection warrant or abatement warrant.
4.13.050 Investigation and reinspection fees--Findings.
4.13.060 Investigation and reinspection fees--Authorization.
4.13.070 Investigation and reinspection fee schedule.
4.13.080 Notice of assessment of investigation and/or reinspection fees.
4.13.090 Failure to pay investigation and/or reinspection fee.
4.13.100 Collection of investigation and/or reinspection fee.
4.13.010 Authority to inspect property.
An enforcement officer may, upon presentation of proper credentials, enter upon any affected property at any reasonable time to inspect the same or to perform any act or acts as may be related to the performance of his or her enforcement duties, subject to the procedures set forth in this chapter. Inspections may include or involve the taking of photographs, samples, measurements, or surveys, or obtaining other physical evidence, and/or conferring with any person(s) present at affected property or location, as permitted by law and consistent with legally recognized privacy rights. If an 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 enforcement officer may enter the affected property or location without prior notification to the owner or occupant. In all other cases, an 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 enforcement officer may seek an inspection warrant from a court of competent jurisdiction. (Ord. C-2-12 §4(part), 2012).
4.13.020 Authority to obtain records.
In any enforcement action, the city attorney shall have the right and authority to request and review records from a responsible party or any third party that are, 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. C-2-12 §4(part), 2012).
4.13.030 Authority to abate nuisance conditions.
Upon determining that a nuisance condition exists, an authorized representative of the city may petition a court of competent jurisdiction for an abatement warrant authorizing an 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. (Ord. C-2-12 §4(part), 2012).
4.13.040 Execution of inspection warrant or abatement warrant.
Upon issuance of an inspection warrant or abatement warrant, as described in this chapter, the 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. C-2-12 §4(part), 2012).
4.13.050 Investigation and reinspection fees--Findings.
A. The city council finds that there is a need to recover costs incurred by enforcement officials and other city personnel who spend considerable time investigating, inspecting and reinspecting properties throughout the city of Half Moon Bay in an effort to ensure compliance with the municipal code or applicable state codes.
B. The city council further finds that the imposition of an investigation and/or reinspection fee is an appropriate method to recover costs incurred for investigation and additional inspections made by enforcement officials and other city personnel. The assessment and collection of investigation and reinspection fees shall not preclude the imposition of any administrative or judicial penalties or fines for violations of the municipal code or applicable state codes. (Ord. C-2-12 §4(part), 2012).
4.13.060 Investigation and reinspection fees--Authorization.
A. Whenever an enforcement official investigates a property to determine compliance with provisions of the municipal code and applicable state codes and determines that a violation or violations exist, the enforcement official may assess an investigation fee against the responsible person and/or the property owner. Investigation fees may be assessed for time spent investigating, reporting, documenting and resolving violations if the property owner or the responsible person/party fails to comply by the date specified in the courtesy notice sent to them informing them of existing violations on their property and a date for compliance.
B. Whenever an enforcement official reinspects a property to determine compliance with provisions of the municipal code and applicable state codes which have been listed in a notice of violation, the enforcement official may assess a reinspection fee against the responsible person and/or property owner.
C. Reinspection fees may be assessed for each inspection of the property after the issuance of a notice of violation. (Ord. C-2-12 §4(part), 2012).
4.13.070 Investigation and reinspection fee schedule.
An investigation and reinspection fee schedule shall be established and revised as necessary by the city council by resolution to reflect current actual costs, and shall be incorporated into the city’s master fee schedule. (Ord. C-2-12 §4(part), 2012).
4.13.080 Notice of assessment of investigation and/or reinspection fees.
A. Where the assessment of investigation and/or reinspection fees is authorized under this chapter, the appropriate city enforcement official shall provide the responsible person and the property owner with a written notice assessing investigation and/or reinspection fees. The written assessment shall contain the following information:
1. The amount of fees charged;
2. The corresponding dates when investigation and/or reinspection took place;
3. A deadline by which the investigation and/or reinspection fee must be paid; and
4. An explanation that additional late fees may be charged for late payment of the investigation and/or reinspection fee.
B. Service of notice of the investigation and/or reinspection fee assessment shall be provided to the responsible person and/or the property owner by any of the means outlined in Section 4.16.050.
C. Investigation and reinspection fees may be assessed as part of any judicial or administrative enforcement action as provided for in this chapter.
D. The failure of any responsible person and/or the property owner to receive notice of the investigation and/or reinspection fee assessment shall not affect the validity of any fees imposed under this chapter. (Ord. C-2-12 §4(part), 2012).
4.13.090 Failure to pay investigation and/or reinspection fee.
The failure of any person to pay an investigation and/or reinspection fee by the deadline specified in the written notice of assessment of reinspection fee shall result in the assessment of an additional late fee. The amount of the late fee shall be established by the city council by resolution. (Ord. C-2-12 §4(part), 2012).
4.13.100 Collection of investigation and/or reinspection fee.
The enforcement official shall collect the assessed investigation and/or reinspection and late fees by the use of all appropriate legal means, including but not limited to referral to the city finance department or city attorney for collection or recordation of a nuisance abatement lien pursuant to Chapter 4.16. (Ord. C-2-12 §4(part), 2012).