Imperial County Municipal Code Ch. 1 General Provisions

The purpose of this division is to provide for the enforcement of this title. All persons are hereby on notice of the proceedings and penalties involved if any provision of this title is violated. The procedures contained in this chapter do not limit or modify the authority of the county of Imperial to pursue enforcement actions under any other federal, state or local law, rule or regulation.

It is the further purpose of this title to impose upon property owners the responsibility to maintain, use or require that their real property and appurtenances be maintained and used in accordance with the county land use ordinances. Accordingly, it is made unlawful for any property owner to maintain or use, or allow the maintenance or use of their real property and appurtenances in violation of the county land use ordinances. All violations will be treated as strict liability offenses.

The enforcement officer shall have the authority and powers necessary to ensure compliance with the provisions of the county land use ordinances and applicable state laws, rules and regulations. These powers include the power to issue notices of violation and field citations, to inspect public and private property and to use whatever administrative and judicial remedies available.

(Prior code § 91301.00)

For the purpose of this division, certain words are defined as follows:

"Abatement costs" means any costs or expenses reasonably related to the abatement of conditions which violate county land use ordinances, and shall include, but not be limited to, enforcement, investigation and administrative costs, attorneys fees, and the costs associated with the removal or correction of the violation.

"Administrative costs" includes staff time reasonably related to enforcement, for items including, but not limited to, site inspections, investigations, summaries, reports, notices, telephone contacts and correspondence. For purposes of this division, the term "staff" shall include any county employee, regardless of employment status.

"County land use ordinances" means this Title 9.

"Enforcement officer" includes the director of planning, building official, director of environmental health, sheriff, director of public works and their designees.

"Permit" includes any permit, license, authorization or entitlement issued by the county of Imperial.

"Person" means any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights or duties.

(Prior code § 91301.01)

A. No permit shall be issued, and no department, official or employee of the county of Imperial shall issue a permit, unless it is in accordance with all the provisions of Imperial County Codified Ordinances. Further, no permit shall be issued to any person who at the time such permit is ready to be issued has failed to pay any fines or penalties assessed for violations of the county land use ordinances. Any permit issued contrary to the provisions of Imperial County Codified Ordinances shall be void and of no effect.

B. No permit, whether ministerial or discretionary, shall be issued for any building, structure or use on a parcel of land if the department, official or employee authorized to issue such permit is aware that a violation of the county land use ordinances exists, unless such permit directly results in the abatement of the violation.

(Prior code § 91301.02)

Upon the presentation of proper credentials, the enforcement officer, or designee, is authorized to enter upon any property or premises to ascertain whether the provisions of the county land use ordinances and applicable state law are being obeyed. The enforcement officer may make any examinations or surveys as may be necessary for the performance of their enforcement responsibilities. The enforcement officer may take photographs, samples or other physical evidence. If an owner, occupant or agent refuses permission to enter or inspect, the enforcement officer may seek an administrative inspection warrant pursuant to the Code of Civil Procedure Section 1822.50 et seq.

(Prior code § 91301.03)

The enforcement officer, or designee(s) have the authority pursuant to Section 1.12.020 of the Codified Ordinances of the county of Imperial to issue citations against any person, firm or corporation that is in violation of any provision of this division and/or any section, article, or regulation of the adopted codes, may issue a citation to effect compliance with all applicable laws, ordinances, and/or regulations.

The citation shall be issued only by duly qualified personnel and upon the format approved by the courts.

(Prior code § 91301.04)

The enforcement officer is authorized to issue notices to appear in court as prescribed by Chapter 5(c) of Title 5, Part 2 of the Penal Code, commencing with Section 853.5. If a violator to whom a notice is given fails to give his or her promise to appear, the enforcement officer shall request the assistance of a peace officer to take the individual into custody or shall refer the notice to appear to the district attorney.

(Prior code § 91301.05)

The enforcement officer shall not exercise the power to issue citations authorized by this chapter, unless he or she shall first have completed a course of training that meets the minimum standard prescribed by the commission on peace officers standards and training as established by Section 832(a) of the Penal Code.

(Prior code § 91301.06)

Any person who wilfully violates his or her written promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge set forth in the notice to appear.

(Prior code § 91301.07)

When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 853.6 of the Penal Code, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within twenty (20) days after his or her failure to appear as promised.

(Prior code § 91301.08)

Pursuant to Penal Code Section 836.5, the enforcement officer is authorized to make arrests without warrant, subject to the limitations set forth in this Division 13, where there is a reasonable cause to believe that the person arrested has violated a statute or ordinance which the enforcement officer has the duty to enforce.

(Prior code § 91301.09)