Banning Municipal Code Art. V General Provisions

It is unlawful and a misdemeanor for any person to obstruct, impede or interfere with any officer, agent or employee of the city or with any person who owns or holds any estate or interest in any premises or structure, or any portion thereof, upon which there is a nuisance which has been ordered to be abated, or with any person to whom such premises have been lawfully sold pursuant to the provisions of this chapter, when any such officer, agent, employee, purchaser or person is engaged in abating a nuisance or immediate hazard thereon, or in performing any necessary act preliminary to or incidental to such work, or authorized or directed pursuant thereto.

(Code 1965, § 11C-50.)

The provisions of this chapter shall not be construed to hold the city or any official, officer, employee or agent thereof responsible for any damages to persons or property by reason of the inspections authorized herein, by reason of the determination that a nuisance or immediate hazard exists on any premises in accordance with the provisions herein, or by reason of any of the procedures or processes related to the actual abatement thereof.

(Code 1965, § 11C-51.)

If a residential rental unit has been found during a hearing before the nuisance abatement hearing officer to be in violation of any provision of this chapter and, if occupancy of such residential unit is allowed to continue, the nuisance abatement hearing officer shall require the following:

A. That upon seventy-two hours' prior written notice delivered to the owner, or manager, or tenant-in-possession of the residential unit, the city building inspectors shall thereafter be permitted to enter and examine such premises for any violation of this Code.

B. Such inspections shall occur at least twice during the first year following the date of the hearing before the hearing officer and at least once in the subsequent year.

C. The cost of such inspection shall be assessed against the owner as a personal expense. Said cost shall be as set by resolution of the city council.

For the purpose of this section, residential units shall include, but not be limited to apartment buildings, duplexes, auto courts, motels, single-family homes, or any portion thereof, and any premises for which compensation is received by one party from another in consideration of being allowed to reside in such premises.

(Code 1965, § 11C-54.)