Sacramento Municipal Code Art. II Enforcement

The chief building official is authorized and directed to administer and enforce all provisions of this chapter. (Ord. 2016-0027 § 3; Ord. 2009-014 § 2; prior code § 49.02.201)

The building official may enter on premises to make inspections to the extent authorized by law. (Prior code § 49.02.203)

Every owner remains liable for violations of duties imposed upon him or her by this chapter even though an obligation is also imposed on the occupants of his or her building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this chapter.

Every owner, or his or her agent, in addition to being responsible for maintaining his or her building in a sound structural condition, shall be responsible for keeping that part of the building or premises which he or she occupies or controls in a clean, sanitary, and safe condition including the shared or public areas in a building containing two or more dwelling units.

Every owner shall, where required by this chapter, other provisions of the Sacramento City Code, or the laws of the state of California, furnish and maintain approved devices, equipment, or facilities for the prevention of insect and rodent infestation, and where infestation has taken place, shall be responsible for the extermination of any insects, rodents, or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling.

Every occupant of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary, and safe condition that part of the dwelling or dwelling unit or premises which he or she occupies and controls, shall dispose of all his or her rubbish, garbage, and other organic waste in a manner required by the applicable provisions of the Sacramento City Code or state law.

Every occupant shall, where required by this chapter, furnish and maintain approved devices, equipment or facilities necessary to keep his or her premises safe and sanitary. (Prior code § 49.02.204)

All buildings or portions thereof which are determined to be substandard as defined in this chapter are declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, board-up, fencing or removal in accordance with the procedure specified in Articles XI and XII of this chapter. (Prior code § 49.02.205)

A. Criminal and Civil Actions. No responsible party, whether as owner, lessee, sublessee or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter or any order issued by the building official hereunder. Any responsible party violating the provisions of this section or any other provisions of this chapter shall be guilty of a misdemeanor for each day such violation continues. Any responsible party violating the provisions of this section or any other provision of this chapter shall also be liable for civil penalties of not less than two hundred fifty dollars ($250.00) or more than twenty-five thousand dollars ($25,000.00) for each day the violation continues. The city attorney may bring a civil action to enforce any provision of this chapter.

B. Administrative Penalties. In addition to criminal sanctions, civil penalties as provided in this section, and other remedies set forth in this chapter, administrative penalties may be imposed pursuant to Chapter 1.28 of this code against any responsible party, whether owner, lessee, sublessor or sublessee or occupant of any premises in violation of any of the provisions of this chapter. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to Chapter 1.28 of this code.

C. Reasonable Period to Correct Violations. No administrative penalty shall be imposed for violations of city building, plumbing, electrical, or structural codes or provisions of the Planning and Development Code unless the owner has been provided a reasonable period of time to correct the violation before imposition of the penalty, except in those cases in which there is an immediate danger to health or safety. The reasonable period for purposes of this chapter shall be thirty (30) days from service of a notice and order issued pursuant to this chapter.

D. The increased civil penalties, imposition of administrative penalties, and modification of the crime classification from an infraction to a misdemeanor shall apply to all violations where a notice and order or other official notice from the city has not been sent to the person in violation prior to the effective date of the ordinance codified in this chapter. The civil penalties and crime classification as provided in the city code prior to the effective date of the ordinance codified in this chapter shall continue to apply to all violations where a notice and order or other official notice of violation was sent by the city prior to the effective date of the ordinance codified in this chapter. (Ord. 2013-0021 § 25; prior code § 49.02.211)

The building official is authorized to enforce, implement and foster compliance with the following specified provisions of state law, as well as other provisions of federal, state and local law which further the protection of life, limb, health, property, safety and welfare of the general public and the owners and occupants of residential buildings: California Revenue and Taxation Code Sections 17274 and 24436.5; California Civil Code Sections 1929, 1941 and 1942; California Health and Safety Code Sections 17961 and 17980 through 17995. (Prior code § 49.02.212)