Walnut Creek Municipal Code Art. 2 Organization and Enforcement

a. General. The Building Official is hereby authorized and directed to enforce all the provisions of this code. For such purposes he or she shall have the powers of a law enforcement officer.

b. Deputies. In accordance with the prescribed procedures and with the approval of the appointing authority, the Building Official may appoint such number of technical officers and inspectors and other employees as shall be authorized from time to time. He or she may deputize such inspectors or employees as may be necessary to carry out the functions of the code enforcement agency.

c. Right of Entry. Whenever it is necessary to make an inspection to enforce the provisions of this code, or whenever the Building Official or his or her authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or violations of this code which make the building or premises unsafe, dangerous or hazardous, the Building Official or his or her authorized representative may enter the building or premises at all reasonable times to inspect or to perform the duties imposed upon the Building Official by this code, provided that if such building or premises be occupied he or she shall present his or her credentials to the occupant and request entry. If such building or premises is unoccupied, the Building Official or his or her authorized representative shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused the Building Official or his or her authorized representative, he or she shall have recourse to every remedy provided by law to secure entry.

d. Stop Orders. Whenever any work is being done contrary to the provisions of this code, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop work until authorized by the Building Official to proceed with the work.

e. Authority to Disconnect Utilities in Emergencies. The Building Official or his or her authorized representative shall have the authority to disconnect electric, fuel-gas utility service, water or energy supplies to a building, structure, premises or equipment regulated by this code in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall, whenever possible, notify the serving utility, the owner and occupant of the building, structure or premises of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or premises in writing of such disconnection immediately thereafter.

f. Authority to Condemn Equipment. Whenever the Building Official ascertains that any electrical conductors or equipment, plumbing system, or other equipment, or portion thereof, regulated by this code has become unsanitary, hazardous to life, health or property, he or she shall order in writing that such equipment either be removed or restored to a safe or sanitary condition, as appropriate. The written notice itself shall fix a time limit for compliance with such order. No person shall use or maintain defective equipment after receiving such notice.

When such equipment or installation is to be disconnected, written notice of such disconnection and causes therefore shall be given within 24 hours to the serving utility, the owner and occupant of the building, structure or premises. When any equipment is maintained in violation of this code, and in violation of any notice issued pursuant to the provisions of this section, the Building Official shall institute any appropriate action to prevent, restrain, correct or abate the violation.

g. Connection After Order to Disconnect. No person shall make connections from any energy, water, fuel or power supply nor supply energy or fuel or water to any equipment regulated by this code which has been disconnected or ordered to be disconnected by the Building Official or the use of which has been ordered to be discontinued by the Building Official until the Building Official authorizes the reconnection and use of such equipment.

h. Liability. The Building Official, or his or her authorized representative, charged with the enforcement of this code acting in good faith and without malice in the discharge of his or her duties, shall not thereby render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his or her duties. Any suit brought against the Building Official or employee because of such act or omission performed by him or her in the enforcement of any provision of such codes shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by this jurisdiction.

This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any equipment regulated herein for damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by this code or any approvals issued under this code.

i. Cooperation of Other Officials and Officers. The Building Official may request, and shall receive so far as is required in the discharge of his or her duties, the assistance and cooperation of other officials of this jurisdiction.

(§ 1, Ord. 1711, eff. 12/1/1988; § 2, Ord. 2065, eff. 1/1/2008; § 2, Ord. 2094, eff. 1/1/2011)

Any electrical conductors or equipment, plumbing system, or other equipment or materials regulated by this code, which is unsanitary, unsafe or which constitutes a fire or health hazard or is otherwise dangerous to human life is, for the purpose of this section, unsafe. Any use of equipment or materials regulated by this code constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, unsanitary conditions, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Any such unsafe equipment or materials is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the Uniform Code for the Abatement of Dangerous Buildings or such alternate procedure as may be adopted by this jurisdiction. As an alternative, the Building Official or other employee or official of this jurisdiction as designated by the governing body may institute any other appropriate action to prevent, restrain, correct or abate the violation.

(§ 1, Ord. 1711, eff. 12/1/1988; and § 2, Ord. 2065, eff. 1/1/2008)

Repealed by §2, Ord. 2094, eff. 1/1/11.

(§ 1, Ord. 1711, eff. 12/1/1988; and § 2, Ord. 2065, eff. 1/1/2008)

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure, electrical conductor or equipment, plumbing or drainage systems, mechanical system, swimming pool, spa or hot tub, or solar energy system or equipment or cause or permit the same to be done in violation of this code.

(§ 1, Ord. 1711, eff. 12/1/1988; and § 2, Ord. 2065, eff. 1/1/2008)