Elk Grove Municipal Code Art. II Administration and Enforcement

The Building Official is to administer and enforce the provisions of this code. As used herein, the term “Building Official” shall include the designated representative of the Building Official.

(Ord. 11-2008 § 4, eff. 6-13-2008; Ord. 7-2009 § 3, eff. 5-1-2009)

The Building Official is authorized to adopt and enforce reasonable regulations consistent with the purposes, intent, and express terms of this code as he or she deems necessary to implement such purposes, intent, and express terms.

(Ord. 11-2008 § 4, eff. 6-13-2008; Ord. 7-2009 § 3, eff. 5-1-2009)

No regulation, or amendments thereto, shall be enforced or become effective until thirty (30) days following the date on which the proposed regulation or amendment has been filed with the City Clerk.

(Ord. 11-2008 § 4, eff. 6-13-2008; Ord. 7-2009 § 3, eff. 5-1-2009)

A. Inspections. To the extent authorized by law, the Building Official may enter any premises at reasonable times to make inspections authorized by this code or State law. The Building Official is authorized to make such inspections and to take such actions as may be necessary or appropriate to enforce the provisions of this code, including, without limitation, inspection of all buildings, structures or premises within the scope of this code, and all construction or work for which a permit is required in accordance with the Building Code.

B. Right of Entry. Whenever it is necessary to make an inspection to enforce the provisions of this code, or when the Building Official 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 which makes the building or premises unsafe, dangerous or hazardous, the Building Official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code; provided, that if such building or premises is occupied that credentials be presented to the occupant and entry requested. If such building or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry. No person shall enter any building or premises pursuant to this section between the hours of 6:00 p.m. of any day and 8:00 a.m. of the succeeding day, without the consent of the owner or the occupants of the building or premises, and shall not enter any building or premises in the absence of the occupants without a proper written order executed and issued by a court of competent jurisdiction.

(Ord. 11-2008 § 4, eff. 6-13-2008; Ord. 7-2009 § 3, eff. 5-1-2009)

A. Owner. Every owner of real property within the City limits is required to maintain such property in a manner so as to not violate the provisions of this code, and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.

B. Occupant or Lessee. Every occupant, lessee or holder of any interest in property other than an owner thereof or lender whose sole interest therein is as security for the repayment of a debt, is required to maintain such property in the same manner as is required of the owner thereof, and the owner thereof, and the duty imposed by this section on the owner thereof, shall in no instance relieve those persons herein referred to from the similar duty.

(Ord. 11-2008 § 4, eff. 6-13-2008; Ord. 7-2009 § 3, eff. 5-1-2009)

Reference to the term “Hearing Officer” in this chapter shall be interpreted to mean “Appeals Hearing Officer” as the term is used in EGMC Chapter 1.11. An Appeals Hearing Officer shall hear issues and appeals brought by the department head under the provisions of this chapter.

(Ord. 11-2008 § 4, eff. 6-13-2008; Ord. 7-2009 § 3, eff. 5-1-2009)

All buildings, structures, or portions thereof, and premises which are determined after inspection to be dangerous as defined in this code, are hereby declared to be public nuisances, and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in this code, or in any other manner authorized by law or in equity.

(Ord. 11-2008 § 4, eff. 6-13-2008; Ord. 7-2009 § 3, eff. 5-1-2009)

A. All buildings, structures, and premises are to be maintained so as not to pose a threat to the health and safety of any person or persons. It shall be unlawful and a violation of this code for any person whether as owner, lessee, sublessor, sublessee or occupant of any building, structure or premises to maintain or allow such building, structure or premises to become a dangerous building. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18.

B. It shall be unlawful and a violation of this code for any person, whether as owner, lessee, sublessor, sublessee or occupant of any premises, to erect, construct, enlarge, alter, repair, move, improve, convert, demolish, equip, use, occupy, maintain, or cause or permit the same to be done, to any building, structure, or premises, or portion thereof, in violation of this code. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18.

(Ord. 11-2008 § 4, eff. 6-13-2008; Ord. 7-2009 § 3, eff. 5-1-2009)