National City Municipal Code Ch. 1.12 Right of Entry for Inspection or Service of Notices, and Stop Orders

Whenever it is necessary to make an inspection to enforce any provision of this code, or whenever there is reasonable cause to believe there exists a public nuisance or code violation in any building or upon any premises within the jurisdiction of the city, any authorized city official or enforcement officer may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him by this code; provided, that except in emergency situations or when consent of the owner and/or occupant to the inspection has been otherwise obtained, the owner and/or occupant, if they can be located after reasonable effort, shall be given twenty-four hours' written notice of the authorized official's intention to inspect. The notice transmitted to the owner and/or occupant shall state that the property owner has the right to refuse entry but that in the event such entry is refused, inspection may thereafter be made upon issuance of a search or inspection warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is empowered to seek assistance from any court of competent jurisdiction pursuant to Code of Civil Procedure Section 1822.50 in obtaining an inspection warrant authorizing entry.

(Ord. 2197 § 1 (part), 2002: Ord. 2140 § 1 (part), 1998: Ord. 1361 § 1, 1973)

A. General. A city official or enforcement officer who is charged by statute, ordinance or regulation with duties to enforce state law or this code is a public officer for purposes of Penal Code Section 148. Penal Code Section 148 makes it unlawful and a misdemeanor to wilfully obstruct, resist or delay a public officer in the discharge of his or her official duties, which includes the service of process or posting of a required notice.

B. Any city official or enforcement officer may enter upon that portion of private property to which the public is generally invited for the purposes of service of an official notice of code violation or notice to abate a public nuisance. The city official or enforcement officer is authorized to serve the owner or occupant with the notice upon entry. If the posting of a notice upon real property or a structure is prescribed by law in conformity with procedures for the correction or abatement of a code violation or public nuisance, the city official or enforcement officer is authorized to enter and post the prescribed notice upon the premises.

(Ord. 2140 § 1 (part), 1998)

A. Scope. This section applies to any work, activity, construction, land development, land grading, use of land or conduct of a business for which a permit or license is required.

B. Definitions.

1. A stop order is a verbal directive, written notice or combination directed to one or more responsible parties to cease and desist immediately from conducting business or performing or allowing work or activity to continue, including without limitation construction, land development or land grading, without having first obtained a required permit or license or from conducting work or activity in a manner that violates the terms and conditions of an issued permit or license or while a required permit or license is suspended or revoked.

2. The terms "public nuisance" and "responsible party" are as defined in Section 1.36.010.

C. Issuance of Stop Order. A public officer who is charged with the enforcement of the municipal code or state law is hereby authorized to issue a verbal or written stop order. A stop order may be issued to any person who conducts business without a license, conducts business or performs or allows work or activity to occur in violation of law, the municipal code or the terms and conditions of an issued permit or license or who otherwise creates a public nuisance. A verbal stop order shall be followed up as soon as practicable by a written stop order. The written stop order may be in letter format or on cardboard backing suitable for posting on site or any combination of written product sufficient to place each responsible party on notice of a duty to cease and desist from further operations in violation of law.

In addition to any responsible party, the stop order may be served upon any employee, agent or contractor on site who is performing the work or activity. All work or activity must immediately stop upon the service or posting of the stop order and shall not proceed again until authorized.

D. Posting of Stop Order. When practicable one copy of the stop order should be posted conspicuously at the entrance to the business or worksite and an additional copy posted on any structure that has been enjoined from construction. Additional copies should be posted every two hundred feet along the perimeter of a work site consisting of unimproved real property. The failure to post a stop order on site or the unauthorized removal of a posted stop order shall not impair the validity or effect of any stop order issued pursuant to this section.

E. Removal Prohibited. Once posted, no stop order shall be removed until a permit is issued or a determination is made by the building official, the city engineer, the finance director or the planning director, as applicable, that a permit or license is not required or the work is consistent with an issued permit.

F. Cessation of Work and Remediation. While a stop order is in effect, no responsible person shall authorize, perform or allow an act or omission to occur which directly or indirectly allows the prohibited activity to continue or proceed towards completion, except that debris, construction material and equipment may be removed from the site while the stop order is in effect. The property owner, any contractor on site and any other responsible party may be required and shall be allowed by the stop order to secure the area against danger to the public by erecting barricades or fencing, to fill in any excavation and remove debris or obstructions to pedestrian and vehicle safety or to remediate the site in order to remove a public nuisance.

G. Contents of Stop Order. Written stop orders posted on site may utilize an eight and one-half inch by eleven inch cardboard backing against a red background on which will appear the words "Stop Order" in one-inch block letters. In smaller size type, the following information may appear: a description or address of the site, the time and date issued, a notice that it is unlawful and a misdemeanor with a penalty of a one thousand dollar ($1,000.00) fine or imprisonment not to exceed six months, or both, to remove the sign or to continue work or business without authority. The stop order shall be signed by or on behalf of the administering official and shall cite this section as authority. A stop order may also be issued in letter format, containing the information above together with any additional directives required for safety or site remediation. Stop orders shall be mailed or personally delivered to each responsible party and may be delivered to any on site contractor.

H. Violations and Penalties.

1. It is unlawful and a misdemeanor for any person upon whom a stop order is served or who has actual notice of a stop order:

a. To continue to conduct business without a license or in violation of the terms and conditions under which the license was issued;

b. To perform, authorize or allow work or activity to continue or proceed towards completion without a required permit or in violation of the terms and conditions under which a permit was issued; or

c. To fail or refuse to install fencing or barricading, to remove debris and obstructions to pedestrian or vehicle safety or to fill in excavations as may be required by a lawfully issued stop order to remediate or return the site to a safe or non-public nuisance condition.

2. It is unlawful and a misdemeanor for any person to remove any lawfully posted stop order issued pursuant to this section unless authorized by an enforcement official or responsible public officer.

3. Violators are subject to arrest. It shall be the duty of a peace officer to accept the custody of a violator who is arrested pursuant to this section by any public officer who is not a peace officer. Additionally, any implements, animals, equipment or materials utilized in violation of this section may be impounded, and storage or maintenance fees and charges shall be charged against all responsible parties.

4. Each day that work, activity or business continues in violation of this section constitutes a separate violation for purposes of criminal prosecution and imposition of administrative penalties to a maximum of one thousand dollars ($1,000.00) per day pursuant to Chapter 1.48. Criminal, civil or administrative action under this section shall not bar any criminal, civil or administrative action pertaining to the underlying initial performances of work, business or activity in violation of law.

(Ord. 2244 § 1, 2004: Ord. 2197 § 1 (part), 2002: Ord. 2151 § 1, 1998: Ord. 2140 § 1 (part), 1998)