Fremont Municipal Code Art. V Enforcement

The health officer shall enforce and administer all provisions of this chapter and for such purpose he/she shall have the powers of a peace officer. (Ord. 689 § 7; amended during 2012 reformat. 1990 Code § 4-3500.)

The health officer, the fire chief, and the chief building inspector are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter. (Ord. 689 § 7. 1990 Code § 4-3501.)

(a) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the health officer or his/her authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the health officer or his/her authorized representative may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the health officer by this chapter; provided, that (1) if such building or premises be occupied, he/she shall first present proper credentials and demand entry and (2) if such building or premises be unoccupied, he/she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the health officer or his/her authorized representative shall have recourse to every remedy provided by law to secure entry.

(b) “Authorized representative” includes the officers named in Section 8.45.180 and their authorized inspection personnel.

(c) No owner or occupant or any other person having charge, care or control of any building or premises shall fail or refuse, after proper demand made as herein provided, to promptly permit entry therein by the health officer or his/her authorized representative for the purpose of inspection and examination pursuant to this chapter. (Ord. 689 § 7; amended during 2012 reformat. 1990 Code § 4-3502.)

The violation of any of the provisions of this chapter shall also be deemed a nuisance, and civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city attorney. (Ord. 689 § 7. 1990 Code § 4-3503.)