Hemet Municipal Code Div. 2 Code Enforcement Authority and Powers

The city council finds that the enforcement of the Municipal Code and applicable state codes throughout the city is an important public service. Code enforcement is vital to protection of the public's health, safety and quality of life. The council recognizes that enforcement depends upon clear and precise regulations that can be effectively applied in administrative enforcement hearings and judicial proceedings. The council further finds that a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to gain code compliance. Judicial remedies are traditional remedies to enforce laws by filing criminal and civil actions in a court of law. Administrative remedies are designed to provide fair and efficient methods of enforcing the provisions of the Municipal Code without the required expense and consumption of time that judicial actions may require. Failure to comply with an administrative code enforcement action may require the city attorney to file a judicial action to compel compliance.

(Ord. No. 1989, § 1(Exh. A), 1-11-22)

All city enforcement officials designated in Hemet Municipal Code section 1-23 shall have the authority and powers necessary to gain compliance with the provisions of the Hemet Municipal Code and applicable state codes for which they are responsible. These powers include the power to issue notices of violation and field citations, inspect public and private property and use whatever judicial and administrative remedies are available under the Municipal Code or applicable state codes.

(Ord. No. 1989, § 1(Exh. A), 1-11-22)

(a) Pursuant to the provisions of the Penal Code of the State of California § 836.5, certain officers and employees of the City of Hemet are authorized to issue written notice to appear and release citations for misdemeanors or infraction violations of city ordinances, and applicable state codes, which such officers or employees have the duty to enforce.

(b) The following officers and employees of the City of Hemet are hereby designated and authorized to issue said citations:

(1) Finance department:

a. Administrative services director and their designee(s).

(2) Fire department:

a. Fire chief and their designee(s).

b. All sworn personnel.

(3) Community development department:

a. Director and assistant director of community development, and their designee(s).

b. Planners (including senior, principal, and associate planners).

c. Building inspectors (including supervising building inspectors, senior building inspectors, and building inspectors).

d. Building officials (including chief, senior, and deputy building officials).

e. Code enforcement officers and code compliance manager.

f. Zoning administrator.

g. Supervising and senior plans examiners.

(4) Police department:

a. Police chief and their designee(s).

b. All sworn personnel.

c. Community service officers (I and II).

(5) Public works:

a. Public works director and their designee(s).

b. Water division manager and their designee(s).

(Ord. No. 1989, § 1(Exh. A), 1-11-22; Ord. No. 2027, § 2, 2-27-24)

Division 6 provides the procedure for issuance and recordation of notices of violation where other sections of this Code or applicable state codes do not provide an alternative procedure.

(Ord. No. 1989, § 1(Exh. A), 1-11-22)

City enforcement officials are authorized to enter upon any property or premises to ascertain whether the provisions of the Hemet Municipal Code or applicable state codes are being obeyed, and to make any examinations, inspections and surveys as may be necessary in the performance of their enforcement duties. These may include the taking of photographs, samples or other physical evidence. All inspections, entries, examinations and surveys shall be conducted in a reasonable manner. If an owner, occupant or agent refuses permission to enter or inspect, the enforcement official may seek an administrative inspection warrant pursuant to the applicable procedures provided for in the California Code of Civil Procedure.

(Ord. No. 1989, § 1(Exh. A), 1-11-22)

City enforcement officials are authorized to arrest without a warrant any person whenever the enforcement official has reasonable cause to believe that the person has committed a violation of the Hemet Municipal Code or applicable state codes in his or her presence. Pursuant to Penal Code § 836.5 the enforcement official can only arrest a person by issuing a misdemeanor field citation or by effecting a citizen's arrest with the assistance of a peace officer.

(Ord. No. 1989, § 1(Exh. A), 1-11-22)

(a) It shall be unlawful for any person to perform any act that is prohibited, made or declared to be unlawful or an offense by this Code, or to violate any provision or fail to comply with any of the requirements of this Code or for any responsible person to maintain or use property in the city in a manner that constitutes a public nuisance.

(b) A violation of any of the provisions or failing to comply with any of the mandatory requirements of this Code shall constitute a public nuisance.

(c) A violation of any of the provisions or failing to comply with any of the mandatory requirements of this Code shall constitute a misdemeanor except when the violation of a provision of this Code is specifically declared to be an infraction.

(d) Notwithstanding any other provision of this Code, any violation constituting a misdemeanor under this Code may, in the discretion of the city attorney, be charged and prosecuted as an infraction. Except as otherwise provided, each and every day that any violation of this Code shall continue shall constitute a separate offense. The person committing or permitting such offenses may be charged with separate offenses for each such violation and punished accordingly.

(e) Abatement of a public nuisance may be accomplished by any of the methods described in this Code, including criminal prosecution, civil injunction, administrative abatement, civil penalties, revocation of permits, notice of violation, recordation of the notice of violation and withholding of future municipal permits.

(Ord. No. 1989, § 1(Exh. A), 1-11-22; Ord. No. 2061, § 2, 9-9-25)

(a) Purpose. This section is adopted for the purpose and intent of establishing a uniform procedure for issuing subpoenas for the attendance of witnesses, to compel their attendance and testimony, to administer oaths and affirmations, to take evidence, and to issue subpoenas for the production of any papers, books, accounts, records, documents, writings as defined in California Evidence Code § 250 or other items that may be relevant to any investigation, enforcement action, or prosecution of any matter over which the city council has legislative and/or appropriative authority.

(b) Authority. The procedures set forth herein are authorized by California Government Code § 37104, et seq.

(c) Issuance of subpoena. The city council may authorize, through the adoption of a resolution, the city clerk (with the assistance of the city attorney) to prepare and serve subpoenas for any matter that is described within this section. Such resolution shall state the existence of an investigation, enforcement, prosecution or other proceeding within the city council's legislative and/or appropriative authority and findings specifying the purposes of the subpoena and the relevancy of the subpoenaed testimony and materials thereto. The mayor shall sign all subpoenas. The city clerk shall attest to the mayor's signature. Upon such signature and attestation, the subpoena shall be deemed to have been issued by the city council.

(d) Form of Subpoena. Subpoenas issued pursuant to this section shall be a form approved by the city attorney.

(e) Failure to comply. If any person refuses or fails to comply with a subpoena issued under this section, the mayor may report the noncompliance to the judge of the superior court, in accordance with Government Code § 37106, and apply for an attachment and/or order to compel that person's full and complete compliance with the subpoena(s). In the event that the court determines that the person is in noncompliance with the subpoena(s) and the person does not obey the order of the court requiring such compliance, the person may be held in contempt, in addition to any other penalties that may be authorized by this Code for noncompliance with the subpoena(s) or under any other applicable laws.

(Ord. No. 1989, § 1(Exh. A), 1-11-22)