Desert Hot Springs Municipal Code Ch. 4.08 Enforcement Authority

Nothing in this Code shall be interpreted to confer upon or provide a private citizen or private entity the right to enforce any chapter of this Code or any City ordinance. Unless otherwise specifically provided, the City and its employees, agents and officials, shall be the only authorities permitted to enforce the provisions this Code or any City ordinance. Since this section is a clarification and declaration of existing law, it shall apply both retroactively and prospectively.

(Ord. 698 11-19-19)

The Code Compliance Manager or designee shall have concurrent enforcement authority with the Police Chief regarding any violation of the municipal code resulting in a misdemeanor, an infraction or a public nuisance, unless otherwise provided by this title, the municipal code, applicable statutes, rules, codes and regulations or resolution of the City Council. Nothing in this title shall be construed or interpreted as providing the Code Compliance Manager with the authority to enforce any provision of the California Penal Code, the California Vehicle Code or any other statute that is specifically required to be enforced solely by the City’s local law enforcement agency under the authority of the Police Chief.

(Prior code § 81.01; Ord. 698 11-19-19)

The Code Compliance Manager or designee shall have concurrent enforcement authority with the Police Chief regarding any violation of the municipal code pertaining to animals unless otherwise provided in the municipal code, any applicable statute, rule, code or regulation or resolution of the City Council.

(Prior code § 81.02; Ord. 698 11-19-19)

The Riverside County Health Department shall have primary enforcement authority regarding any violation of the no smoking regulations set forth in California Labor Code Section 6404. Nothing in this section, however, shall preclude or prohibit the Police Department or Code Compliance Division from exercising any enforcement authority regarding the Labor Code provisions.

(Prior code § 81.03; Ord. 698 11-19-19)

The Building Official or his or her designee as may be authorized by law shall have concurrent enforcement authority with any other City official regarding violations of the California Building Code as incorporated in the municipal code unless such concurrent authority is prohibited by the California Building Code or any other applicable statutes, codes, rules and/or regulations.

(Prior code § 81.04; Ord. 698 11-19-19)

The Building Official or his or her designee as may be authorized by law shall have concurrent enforcement authority with any other City official regarding violations of the Uniform Code for the Abatement of Dangerous Buildings as incorporated in the municipal code unless such concurrent authority is prohibited by the Uniform Code for the Abatement of Dangerous Buildings or any other applicable statutes, codes, rules and/or regulations.

(Prior code § 81.06; Ord. 698 11-19-19)

The Building Official or his or her designee as may be authorized by law shall have concurrent enforcement authority with any other City official regarding violations of the Uniform Housing Code as incorporated in the municipal code unless such concurrent authority is prohibited by the Uniform Housing Code or any other applicable statutes, codes, rules and/or regulations.

(Ord. 698 11-19-19)

The Fire Chief or Fire Marshal shall have exclusive enforcement authority regarding any violation of the California Fire Code as incorporated in the municipal code unless otherwise provided in writing by the Fire Chief pursuant to the California Fire Code or any other applicable statutes, codes, rules and/or regulations.

(Prior code § 81.07; Ord. 698 11-19-19)

The Building Official or his or her designee shall have concurrent enforcement authority with any other City official regarding violations of the California Plumbing Code as incorporated in the municipal code unless such concurrent authority is prohibited by the California Plumbing Code or any other applicable statutes, codes, rules and/or regulations.

(Prior code § 81.08; Ord. 698 11-19-19)

The Building Official or his or her designee shall have concurrent enforcement authority with any other City official regarding violations of the California Mechanical Code as incorporated in the municipal code unless such concurrent authority is prohibited by the California Mechanical Code or any other applicable statutes, codes, rules and/or regulations.

(Prior code § 81.09; Ord. 698 11-19-19)

The Building Official or his or her designee shall have concurrent enforcement authority with any other City official regarding violations of the California Electrical Code as incorporated in the municipal code unless such authority is prohibited by the California Electrical Code or any other applicable statutes, codes, rules and/or regulations.

(Prior code § 81.10; Ord. 698 11-19-19)

The Building Official or his or her designee shall have concurrent enforcement authority with any other City official regarding violations of the California Existing Building Code as incorporated in the municipal code unless such authority is prohibited by the California Existing Building Code or any other applicable statutes, codes, rules and/or regulations.

(Ord. 698 11-19-19)

The Building Official or his or her designee shall have concurrent enforcement authority with any other City official regarding violations of the California Referenced Standards as incorporated in the municipal code unless such authority is prohibited by the California Referenced Standards or any other applicable statutes, codes, rules and/or regulations.

(Ord. 698 11-19-19)

The Code Compliance Manager or his or her designee shall have concurrent enforcement authority with any other City official regarding violations of the International Property Maintenance Code as incorporated in the municipal code unless such authority is prohibited by the International Property Maintenance Code or any other applicable statutes, codes, rules and/or regulations.

(Ord. 698 11-19-19)

The Building Official or his or her designee shall have concurrent enforcement authority with any other City official regarding violations of the California Residential Code as incorporated in the municipal code unless such authority is prohibited by the California Residential Code or any other applicable statutes, codes, rules and/or regulations.

(Ord. 698 11-19-19)

The Building Official or his or her designee shall have concurrent enforcement authority with any other City official regarding violations of the California Energy Code as incorporated in the municipal code unless such authority is prohibited by the California Energy Code or any other applicable statutes, codes, rules and/or regulations.

(Ord. 698 11-19-19)

The Building Official or his or her designee shall have concurrent enforcement authority with any other City official regarding violations of the California Historical Building Code as incorporated in the municipal code unless such authority is prohibited by the California Historical Building Code or any other applicable statutes, codes, rules and/or regulations.

(Ord. 698 11-19-19)

The Building Official or his or her designee shall have concurrent enforcement authority with any other City official regarding violations of the California Green Building Standards Code as incorporated in the municipal code unless such authority is prohibited by the California Green Building Standards Code or any other applicable statutes, codes, rules and/or regulations.

(Ord. 698 11-19-19)

The Community Development Director or his or her designee shall have concurrent enforcement authority with any other City official regarding violations of the City’s zoning regulations unless such concurrent authority is prohibited by any other applicable statutes, codes, rules and/or regulations.

(Prior code § 81.13; Ord. 698 11-19-19)

The Police Chief or his or her designee shall have concurrent enforcement authority with any other City official regarding any violation of the California Red Light Abatement Law as set forth in California Penal Code Sections 11225 through 11235 unless such concurrent authority is prohibited by the Red Light Abatement Law.

(Prior code § 81.14; Ord. 698 11-19-19)

The Building Department and the Code Compliance Division shall have concurrent enforcement authority regarding the State Housing Law as prescribed in California Health and Safety Code Sections 17910 through 17995.

(Prior code § 81.16; Ord. 698 11-19-19)

The Code Compliance Manager or his or her designee shall have concurrent enforcement authority with any other City official regarding any violation of the municipal code, and/or any applicable statute, rule, code, or regulation relating to overgrown weeds or the accumulation of rubbish, refuse or dirt.

(Prior code § 81.17; Ord. 698 11-19-19)

Nothing in this title shall limit or otherwise restrict any employee, agent or official of the City from exercising any exclusive authority to enforce any law or regulation as provided by any applicable statute, rule, code, regulation, or policy.

(Prior code § 81.18; Ord. 698 11-19-19)