Kingsburg Municipal Code Ch. 2.20 Code Enforcement Officers

In addition to enforcement by any peace officer, the provisions of this code described below may also be enforced by the code enforcement officers designated:

A. By the building official:

1. Public Safety.

a. Chapter 2.40—Emergency services.

b. Chapter 15.40—Uniform Fire Code.

2. Public Welfare.

a. Chapter 8.20—Summary abatement of public nuisances.

3. Building Regulations.

a. Chapter 15.04—In general.

b. Chapter 15.08—Uniform Building Code.

c. Chapter 15.12—Uniform Mechanical Code.

d. Chapter 15.16—Uniform Housing Code.

e. Chapter 15.20—Uniform Sign Code.

f. Chapter 15.24—Uniform Code for the Abatement of Dangerous Buildings.

g. Chapter 15.28—National Electric Code.

h. Chapter 15.32—Uniform Plumbing Code.

i. Chapter 15.36—Uniform Swimming Pool, Spa and Hot Tub Code.

4. Land Use.

a. Title 17—Zoning.

b. Title 17—Special Provisions.

B. By the fire chief and/or his/her authorized representative:

1. Public Safety.

a. Chapter 8.04—Fire prevention.

b. Chapter 2.40—Emergency services.

2. Public Welfare.

a. Chapter 8.20—Summary abatement of public nuisances.

3. Building Regulations.

a. Chapter 15.08—Uniform Building Code.

b. Chapter 15.24—Uniform Code for the Abatement of Dangerous Buildings.

c. Chapter 15.28—National Electric Code.

d. Chapter 15.40—Uniform Fire Code.

In the absence of the designated code enforcement officer, his/her duly appointed deputy may exercise enforcement authority in accordance with this code.

(Amended during 5-08 supplement; Ord. 93-08, 1993)

The code enforcement officers of the city are hereby authorized by the council, pursuant to Sections 832, 836.5 and 19(d) of the Penal Code of the State and subject to the provisions thereof, to arrest a person without a warrant whenever the code enforcement officer has reasonable cause to believe that the person to be arrested has either violated the relevant portion of this code in the code enforcement officer's presence or has failed to correct a violation of the relevant portion of this code and therefore has committed a misdemeanor, misdemeanor/infraction or infraction which the code enforcement officer has the discretionary duty to enforce.

(Ord. 93-08, 1993)

Each code enforcement officer is further authorized by the council to issue a notice to appear and to release such person on his/her written promise to appear in court pursuant to Sections 853.5 and 853.6 of the Penal Code of the state. Under no circumstance may any code enforcement officer take the person to be arrested into custody.

(Ord. 93-08, 1993)

In the event the person to be arrested demands to be taken before the magistrate or refuses to provide his/her written promise to appear in court, the code enforcement officer shall either:

A. Summon a police officer and explain the situation with a request that the police officer arrest and take the person into custody; or

B. Seek the assistance of the city attorney and request that a complaint be prepared and filed against such person.

(Ord. 93-08, 1993)

In addition to any mandatory course of training prescribed by the commission of peace officer standards pursuant to Section 832 of the Penal Code of the State, the chief of police may establish and cause to be administered, at the discretion of the chief of police, a special enforcement training program designed to instruct the code enforcement officers from time-to-time regarding the provisions of this code to be enforced, the evidentiary prerequisites to proper prosecution for violations thereof, the appropriate procedures for making arrests or otherwise prudently exercising such arrest and citation authority, and the limitations attendant thereto.

(Ord. 93-08, 1993)

The code enforcement officers shall maintain files of executed citations, and such citations shall be filed with the appropriate magistrate.

(Ord. 93-08, 1993)