Banning Municipal Code Art. II Inspection

Except as set forth at section 8.48.520 of this chapter:

A. When it is necessary to make inspections to enforce the provisions of this Code, or when the building official, chief, health officer or city manager has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this Code and which is a public nuisance as defined by this Code, the building official, chief, health officer or city manager may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this Code. If such building or premises be occupied, or it is reasonably apparent that the building or premises are occupied, credentials shall be presented to the occupant and entry requested. If it reasonably appears that such building or premises are abandoned, the building official, chief, health officer or city manager shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry.

B. If entry is refused, the building official, chief, health officer or city manager shall obtain an administrative warrant from the court to secure entry.

(Code 1965, § 11C-29.)

A. Any condition which poses an immediate hazard to public health or safety shall be determined and declared by the city manager, police chief, fire chief or building official to be an immediate hazard. In such event, the city manager, police chief, fire chief, health officer or building official may take immediate action to abate the hazard, without notice to the owner of the premises involved, or any other interested person, and without the necessity of a hearing thereon by the hearing officer or the city council prior to such action. However, such immediate action shall be limited to such action as the city manager, police chief, fire chief, health officer or building official deems reasonably necessary in his or her discretion to eliminate the immediate hazard or to protect persons and property from immediate injury or damage. Any further action to abate a nuisance which does not pose an immediate hazard to public health and safety shall be taken only in accordance with the procedures set forth in this chapter.

B. Following such immediate abatement, notice shall be given and an opportunity for appeal shall be given as for any other abatement action hereunder.

(Code 1965, § 11C-29.1.)

The building official, chief, health officer, or city manager, acting either in concert or independently, may examine, or cause to be examined, every building, structure, yard or other premises reported to the official or to or by a city department head or his or her designee as dangerous or damaged or which may constitute a public nuisance, and upon examination shall prepare a report of findings setting forth the condition of the premises, and, if necessary, their recommendation for abatement thereof. The report shall remain available for review and inspection by the legal or equitable owners of the property to which it relates.

(Code 1965, § 11C-30.)

A. If the building official, chief, health officer or city manager finds that any premises, constitutes a nuisance and determines that city abatement thereof is necessary to protect the public health, safety, or welfare, the city manager shall cause to be prepared a notice to abate public nuisance stating in detail the conditions which render the premises a public nuisance. The city manager's authority is designated to the other officials as needed. The notice shall set forth the street address, assessor's parcel number or other appropriate method of determining the location of the nuisance. Such notice shall be in substantially the following form:

NOTICE TO ABATE PUBLIC NUISANCE

To all persons having any interest in the premises having assessor's parcel number _____-_____-_____ and known and described as ___________ in the City of Banning:

Your attention is hereby called to the provisions of Sections 5.52.010 through 5.52.030 and 8.48.010 through 8.48.650 of the Code of the City of Banning, California, on file in the office of the City Clerk in City Hall located at 99 E. Ramsey Street, Banning, California.

Pursuant to the provisions of said Sections, you are hereby notified that certain unsafe, dangerous, hazardous or obnoxious conditions have been declared a public nuisance by the Building Official, Fire Chief, Health Officer or City Manager. A report of findings is attached hereto.

Said nuisance must be abated by the removal or repair of said unsafe, dangerous, hazardous or obnoxious conditions as follows:

_____ _____ _____

Such actions of abatement must be completed within thirty days from the date of this notice to avoid further abatement proceedings against the owner, lessee, or occupant of the abovementioned property or structure. The owner, lessee, or occupant shall notify the Code Enforcement Manager when such abatement is complete.

Right To Hearing

YOU HAVE THE RIGHT TO A HEARING REGARDING THE REQUIREMENTS OF THIS NOTICE BY FILING A WRITTEN REQUEST FOR HEARING WITH THE CITY CLERK IN ACCORDANCE WITH SECTION 8.48.430 OF THE CITY CODE WITHIN 10 DAYS AFTER THE DATE OF SERVING, MAILING, PUBLISHING OR POSTING OF THIS NOTICE TO ABATE PUBLIC NUISANCE, WHICHEVER IS LATER.

Date:___________

City of Banning

B. The city manager shall also cause to be filed a notice of pendency of administrative action in the records of the county recorder respecting the property. Such notice shall be in a form as acceptable to the county recorder.

(Code 1965, § 11C-31.)

A notice of violation/notice to abate shall be provided with a minimum of ten-calendar day notice to the person(s) responsible for the violations of the Municipal Code and Zoning Code. Service of the notice shall be made to persons and shall be served in a manner consistent with sections 8.48.390 and 8.48.400, respectively.

(Ord. No. 1455, § 2(a), 10-9-12)

Copies of such notice shall be served upon each of the following:

A. The person, or persons, if any, occupying or in real or apparent charge and control of the premises involved; and

B. The owner of the premises as shown on the most recent equalized assessment roll or supplemental roll; and

C. Any other person or persons known by the code enforcement manager to have an ownership or leasehold interest in the premises.

(Code 1965, § 11C-32.)

The notice shall be served as follows:

A. The person, or persons, if any, at least eighteen years of age and occupying or in real or apparent charge and control of the premises involved shall be personally served if reasonably possible. If personal service cannot with reasonable diligence be accomplished, then the notice shall be mailed, certified, return receipt requested, to such persons at the address of the premises.

B. The owner of the premises as shown on the most recent equalized assessment roll or supplemental roll and any other person or persons actually known by the code enforcement manager to have ownership or leasehold interest in the premises shall be personally served if reasonably possible. If personal service cannot with reasonable diligence be accomplished, then the notice shall be mailed, certified, return receipt requested, to such persons at their last known address.

C. If no address is reasonably attainable, then the notice shall be mailed to such persons at the address of the premises involved and the notice shall be published in a daily newspaper circulated within the city and one certified copy of the notice shall also be conspicuously posted on the premises at least ten days before the end of the time period fixed for abatement by the notice.

(Code 1965, § 11C-33.)

Proof of service of the notice and/or publishing and posting thereof shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which such notice was given and/or published and posted. He or she shall file such declaration in the code enforcement manager's office and therewith any proof of mailing, publishing, or posting.

(Code 1965, § 11C-34.)