San Marcos Municipal Code Art. I General Provisions—nuisances

It shall be the duty of the Health Officer, under the direction and control of the Board of Supervisors, to enforce all laws, ordinances, and rules and regulations relating to the public health, prevention of sickness, nuisances or sanitation within the City.

It is unlawful for any person to resist or attempt to resist the entrance of the Health Officer into any railroad, car, stage, vehicle, building, room, lot or other place in the City in performance of his duty, or to refuse to obey any lawful order of the Health Officer when made in performance of his duties or within the powers conferred by this chapter or by law.

It shall be the duty of the Health Officer or his authorized agent, when necessary to secure the public health, to enter upon the premises or in the house or other place of any person to discover or inspect any nuisance that may there exist, to inspect drains, vaults, cellars, cesspools, water closets, privies, or sewers, or the yards of such premises, to examine into their condition, and when satisfied that any such premises, house or place used for lodging or other purposes are improperly constructed or liable from overcrowding or filth to become dangerous to the public health, or to disseminate contagious or infectious disease, or are not provided with privies, water closets or with sewers, drains or cesspools properly tapped, they or any of them shall serve a written notice upon the owner or other person in charge of such premises, to remove the nuisance therein named and if such owner or other person in charge neglects to obey such notice, the Health Officer or his authorized agent shall, if deemed necessary, forthwith report the same to the County Attorney, who shall take necessary steps to have the same abated.

Whenever a nuisance endangering, in the opinion of the Health Officer, the public health shall be ascertained to exist on any premises, or in any house or other place in the City, the Health Officer shall notify in writing any person or person owning or having control of, or acting as agent for, such premises, house, or other place, to abate or remove such nuisance within a reasonable time, to be stated in such notice.

Upon the neglect or refusal of any owner, occupant or agent, or other person having control of such house, or other place to comply with such notice, the Health Officer may abate such nuisance, and the owner, agent, or occupant, or other person having control of such house, or place, in addition to the penalty provided by this chapter, shall be liable to the County for the cost of such abatement, to be recovered in a civil action in any court of competent jurisdiction.