Chapter 19.01 — ADMINISTRATION

The City Council finds that the enforcement of the Orinda Municipal Code ("the Code," or "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 and to compliance with the City's general plan. The Council recognizes that enforcement starts with the drafting of precise regulations that can be effectively applied in administrative compliance 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 compliance with code regulations. Failure to comply with an administrative code enforcement action may result in a judicial action to gain compliance. The Council further finds that recovery of costs related to code enforcement from those who violate the Code is fiscally prudent and discourages repeat violations. (Ord. 04-08 § 3 Exh. B (part))

No person shall violate or fail to comply with the provisions of this Code. The failure to comply with the requirements of the code is a violation of the Code, constitutes a nuisance, and may be corrected by any means provided by law. Concealing, aiding or abetting a violation of the Code also is a violation of the Code. A separate violation of any Code requirement occurs each day during a portion of which the violation exists, except as provided in Title 17 concerning noise. (Ord. 04-08 § 3 Exh. B (part))

The City Manager or any person designated by the City Manager as the compliance officer for purposes of Code compliance ("compliance officer") has the authority and powers necessary to gain compliance with the provisions of the Code and applicable state codes. These powers include but are not limited to 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 Code or applicable state codes. (Ord. 04-08 § 3 Exh. B (part))

The compliance officer is authorized to arrest without a warrant any person who the compliance officer has reasonable cause to believe has committed a violation of the Code or applicable state codes in the presence of the compliance officer. Pursuant to Penal Code Section 836.5 the compliance officer can arrest a person only by issuing a misdemeanor field citation. (Ord. 04-08 § 3 Exh. B (part))

The compliance officer is authorized to enter on any property or premises to determine whether the provisions of the Code or applicable state codes are being met and to make any examinations and surveys as may be necessary in the performance of their enforcement duties. These may include taking photographs, samples or other physical evidence. All inspections, entries, examinations and surveys shall be done in a reasonable manner. If the property owner, occupant or agent refuses permission to enter or

inspect, the compliance officer may seek an administrative inspection warrant under Code of Civil Procedure Section 1822.50 et seq. Routine or scheduled inspections for compliance with stormwater regulations shall be based upon as reasonable a selection process as may be deemed necessary to carry out the intent of this chapter, including, but not limited to, random sampling and/or sampling in areas with evidence of stormwater contamination, evidence of the discharge of nonstormwater to the stormwater system, inspection of stormwater treatment and flow-control facilities for proper operation and evidence of routine and corrective maintenance, or similar activities. Inspections may also be conducted in conjunction with routine or scheduled inspections conducted by other public agencies or special district, including but not limited to, the Central Contra Costa Sanitary District, the Contra Costa County Fire Protection District, County Environmental Health Department, the Contra Costa Mosquito and Vector Control District, or the Regional Water Quality Control Board. With the consent of the owner or occupant, or pursuant to a search or inspection warrant, any officer may establish on any property such devices as are necessary to conduct sampling or metering operations. During all authorized inspections, the officer may take any sample deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site. (Ord. 04-08 § 3 Exh. B (part)) (Ord. No. 13-02, § 3(exh. C), 11-5-13)

Whenever a compliance officer determines that a violation of the Code or applicable state code exists, the compliance officer may issue a notice of violation to a responsible person. The notice of violation shall include the following information: A. Name of property's owners of record; B. Street address; C. Code section violated; D. Description of the condition or activity not complying with the Code; E. List of necessary actions to achieve compliance; F.

Deadline or specific date for compliance; G. Reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline, including but not limited to one or more of the following: criminal prosecution, injunction, administrative or judicial abatement, permit suspension or revocation, withholding of future permits, civil penalties, costs of enforcement, including attorney's fees. (Ord. 04-08 § 3 Exh. B (part))

A failure to comply with the requirements of the Code and applicable state laws is a nuisance. Additionally, the term "nuisance" for purposes of the Code includes but is not limited to the following: A. Anything declared by state law, judicial action or resolution of the City Council to be a nuisance and not otherwise described as a nuisance in this chapter; B. Visible rubbish and refuse; C. Any structure, other improvement, activity, use or act which is in violation of the provisions of the City Code; D. Tangible personal property not intended for outdoor use (including but not limited to broken or discarded furniture, household equipment and furnishings, or shopping carts) which is stored on property so as to be visible from a public street or the vicinity of the property; E. Garbage cans that are not reasonably screened, where practical, from a public street or the vicinity of the property, except during times allocated for regularly scheduled collection; F. Overgrown vegetation likely to harbor rats, vermin or other nuisances or which obstructs the view of drivers on public streets or private driveways and creates a safety hazard; G. Dead, decayed, diseased or hazardous vegetation which is dangerous to the public safety and welfare; H.

Packing boxes, cardboard boxes, lumber, trash, barrels, drums, salvage materials, vehicle parts or other debris kept on the property for more than sixty (60) days, and visible from a public street or the vicinity of the property; I. Attractive nuisances dangerous to children and other persons, including but not limited to, abandoned, broken, neglected or hazardous equipment, machinery, appliances, refrigerators and freezers, hazardous pools, ponds and excavations; J. Vehicles which are wrecked, inoperable or in a state of partial repair, whether or not located in paved or graveled driveway, when visible from a public street or the vicinity of the property; K. Vehicles parked or stored on property in residential zoning districts in places other than a paved or graveled driveway, which are visible from a public street or the vicinity of the property; L. Buildings which appear to be abandoned, partially destroyed, left in an unreasonable state of partial construction or have been declared substandard or dangerous by the City's Building Official. "Unreasonable state of partial construction" means any unfinished building or structure: (1) which has been under construction more than one year or where no substantial work has occurred for more than six months; and (2) because of the incomplete construction, exterior finish or painting, the building or structure substantially detracts from the safety of the immediate neighborhood or otherwise adversely affects neighboring properties; M. Buildings with windows and doors intended to be glazed which contain broken glass or no glass at all. Plywood or other material used to cover such window and door space for more than two weeks, if permitted under this Code, shall be painted in a color or colors compatible with the remainder of the building; N. Building exteriors, walls, fences, driveways, sidewalks or walkways which are unsafe; O. Scaffolding, construction equipment and other machinery of any type or description parked or stored on property when it is visible from a public street or the vicinity of the property, except during excavation, construction or demolition operations covered by an active building permit which are in progress on the property or an adjoining property; P.

Any act, omission, condition, circumstance or activity which unreasonably interferes with the interests of the community or the health, comfort, tranquility and convenience of the general public; Q. Any act, omission, condition, circumstance or activity which disturbs or prevents the comfortable enjoyment of property for a substantial segment of the community; R. Construction (ongoing or completed) without proper approvals and permits, and construction not conforming to or in excess of approvals and permits obtained; S. Obstruction of watercourses; T. Water that is a breeding place for vectors, with the presence of vectors in their developmental stages in the water being prima facie evidence that the water is a public nuisance; U. Machine-made conditions on property (other than water) that support the development, attraction or maintenance of vectors, with the presence of vectors in their developmental stages on property being prima facie evidence that the condition is a public nuisance. (Ord. 04-08 § 3 Exh. B (part))

The procedures and remedies for Code violations provided in this title are cumulative, not exclusive, and are in addition to any other remedy, relief, or procedure provided by law or this Code. (Ord. 04-08 § 3 Exh. B (part))