San Rafael Municipal Code Ch. 1.40 Code Enforcement Authority and Powers

The council finds that the enforcement throughout the city of this code, including such codes as have been incorporated by reference, as well as any applicable state codes, is an important public service. Code enforcement is vital to the protection of the public's health, safety and quality of life. The council recognizes that code enforcement depends upon the codification of precise regulations that can be effectively applied in administrative 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.

(Ord. 1706 § 4 (part), 1997).

The city manager and the other code enforcement officials have the authority and powers necessary to gain compliance with the provisions of this code and applicable state codes. These powers include but are not limited to the power to enter and inspect public and private property, and use whatever judicial and administrative remedies are available under this code and applicable state codes, and in the case of code enforcement officials other than peace officers (whose powers are otherwise specified in the Penal Code), the power to arrest and issue criminal citations as provided under Penal Code Section 836.5 with respect to provisions of this code and applicable state codes it is their discretionary duty to enforce.

(Ord. 1706 § 4 (part), 1997).

A code enforcement official is authorized to enter upon any property or premises, and into any buildings or structures located thereon, to ascertain whether the provisions of this code or applicable state codes are being obeyed, and to make any examinations and surveys as may be necessary in the performance of their enforcement duties. These may include the taking of photographs, samples or other physical evidence. All inspections, entries, examinations and surveys shall be done in a reasonable manner. If an owner, occupant or agent refuses permission to enter or inspect, the code enforcement official may seek an administrative inspection warrant pursuant to the procedures provided in state law, including California Civil Procedure Section 1822.50 et seq., as it may be amended from time to time.

(Ord. 1706 § 4 (part), 1997).

In any case in which an arrest is made pursuant to this authority for a misdemeanor offense, the code enforcement official will, instead of taking the person arrested before a magistrate, follow the procedure prescribed by Chapter 5C (commencing with Section 853.6) of Title 3 of Part 2 of the California Penal Code, unless the arrested person demands to be taken before a magistrate; provided, that nothing herein shall prevent a peace officer from exercising his or her authority not to release an arrested person pursuant to the provisions of Penal Code Section 853.6(c) or any other provisions of law. The provisions of such Chapter 5C shall thereafter apply with reference to any proceeding based upon the issuance of a citation pursuant to this authority.

(Ord. 1706 § 4 (part), 1997).

Except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply to infractions, including but not limited to powers of peace officers, jurisdiction of courts, periods for commencing action and for bringing a case to trial and burden of proof.

(Ord. 1706 § 4 (part), 1997).

There shall be no civil liability on the part of and no cause of action shall arise against any person acting pursuant to Section 1.40.020 and within the scope of his authority for false arrest or false imprisonment arising out of any arrest which is lawful or which the arresting officer at the time of such arrest had reasonable cause to believe was lawful. No such officer shall be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance.

(Ord. 1706 § 4 (part), 1997).

If a property owner violates the city's zoning ordinance by maintaining an illegal dwelling unit or illegal accessory dwelling unit, after having been previously required by the city to abate such a violation on the same property, the city may require, in addition to any other remedies permitted by law, the removal of such facilities as may be necessary to eliminate the existence of a kitchen in the area of the illegal dwelling unit or illegal accessory dwelling unit. Pursuant to Government Code section 65852.2 subd. (n), as that section may be amended, a property owner may request delay of enforcement of a building standard related to an accessory dwelling unit, and the city shall delay enforcement of said building standard, subject to compliance with section 17980.12 of the Health and Safety Code if:

A. The accessory dwelling unit was built before January 1, 2020.

B. The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.

(Ord. 1756 § 2, 2000).

(Ord. No. 2002, div. 1, 12-6-2021)