Yreka Municipal Code Ch. 1.11 Property Inspections and Abatement

A code enforcement officer may, upon presentation of credentials identifying the code enforcement officer as a city employee, enter upon any affected property at any reasonable time to inspect the same or to perform any act or acts related to the performance of his or her enforcement duties, subject to the procedures below. Inspections may include or involve the taking of photographs, samples, measurements, surveys, or obtaining other physical evidence, and/or conferring with any person(s) present at the affected property or location, as permitted by law and consistent with legally recognized privacy rights. If a code enforcement officer has reasonable cause to believe that a condition exists that poses an imminent or immediate threat of harm to persons or property, or to public health, welfare or safety, the code enforcement officer may enter the affected property or location without prior notification to the owner or occupant, subject to privacy and personal property rights and any other applicable provisions of law, including the state and federal constitutions. In all other cases, a code enforcement officer shall give the owner and/or occupant, if the same can be located after reasonable effort, reasonable notice of a request for consent to enter the affected property for purposes of conducting an inspection. If an owner or occupant refuses entry after a request for entry has been properly made or the owner or occupant cannot be located after reasonable effort, the code enforcement officer shall seek an inspection warrant from a court of competent jurisdiction, and the costs of obtaining the inspection warrant shall be included as costs of abatement.

(Ord. No. 826, § 5, 7-7-2011)

In any enforcement action, the city attorney, code enforcement officer, or hearing officer shall have the right and authority to request and review records from the responsible party or any third party that is, or may be, related to the subject matter of the enforcement action, and to make copies of the same (at the expense of the city), in any manner authorized by law.

(Ord. No. 826, § 5, 7-7-2011)

If an abatement order requires or authorizes the city to abate a nuisance condition or to correct any other violation of this code, an authorized representative of the city may petition a court of competent jurisdiction for an abatement warrant authorizing a code enforcement officer or any employee, authorized agent, representative or contractor of the city to enter onto any affected property to abate the nuisance condition. An abatement warrant, as contemplated in this section, shall be requested in the same manner, and be in substantially the same form, as an inspection warrant. The costs of obtaining the abatement warrant shall be included as costs of abatement. The city shall seek the consent of the responsible party or owner to allow the city to perform the necessary work prior to seeking an abatement warrant from a court.

(Ord. No. 826, § 5, 7-7-2011)

Upon issuance of an inspection warrant or abatement warrant, as described in this chapter, the code enforcement officer shall cause such warrant to be executed in accordance with the procedures set forth in Code of Civil Procedure Section 1822.56.

(Ord. No. 826, § 5, 7-7-2011)

Whenever a violation is discovered which can be corrected and the responsible person has been issued a notice to correct or notice of violation for the same violation within the past twelve months, the enforcement authority shall issue a notice to correct in order to notify the responsible person of the violation and to order that the violation be corrected within a reasonable time. Unless a different period is specifically set forth in the Yreka Municipal Code, fifteen calendar days shall be considered a reasonable time to correct any violations. The notice to correct shall be in writing and shall set forth the facts that constitute the violation, the specific provisions of the law which have been violated, the specific acts required to correct the violation, the time allowed to correct the violation, and the rights to appeal the notice to correct. If the violation is related to a permit, license or other city approval of a project, the notice to correct may be accompanied by a stop order which orders the responsible person to immediately stop any and all work on the project that is subject to the permit, license or approval until the violation is corrected. The notice to correct shall be served in accordance with the provisions of Section 1.14.020. The city manager shall have discretion to establish longer than fifteen days to fix a condition.

(Ord. No. 826, § 5, 7-7-2011)

A. Concurrent with service of any notice of violation as provided for in Chapter 1.14, the enforcement officer may record a notice of pendency of action with the county recorder. Recordation of this notice relates to the condition of the property, not the condition of title. The notice shall be in substantially the following form:

NOTICE OF PENDENCY OF ACTION

NOTICE IS HEREBY GIVEN that pursuant to Yreka Municipal Code Chapter 1.14, an administrative abatement action was commenced on _______, by the City of Yreka against the property described herein and the action is now pending.

The action alleges that the property is in violation of Yreka Municipal Code Chapter 1.10 in that it constitutes a dangerous building and that such dangerous building must be abated.

As of the date of commencement of the abatement action, the name and address of the record owner of the property described herein is:

___________.

The real property against which the abatement action is pending is that certain real property commonly known as _____, Assessor Parcel Number _____, and more particularly described in Exhibit A, attached hereto and incorporated by reference herein.

CITY OF YREKA

Dated:

Name of Enforcement Officer

B. Notice of final disposition. The enforcement officer shall record a notice of final disposition of action within fifteen calendar days following the earlier of the following dates: (1) the date the enforcement officer verifies both voluntary compliance with the compliance order and payment of all accrued costs to which the city is entitled pursuant to this chapter; or (2) the date of final resolution of the action. The notice of final disposition of action shall be in substantially the following form:

NOTICE OF FINAL DISPOSITION OF ACTION

NOTICE IS HEREBY GIVEN THAT pursuant to Yreka Municipal Code Chapter 1.10:

1. Final disposition has been reached in the administrative action referenced in that notice of pendency of action recorded on _______, in Book _____, at Page _____, of the Official Records of Siskiyou County, California.

2. The City of Yreka does hereby withdraw the above-referenced notice of pendency of action.

3. The above-referenced notice of pendency of action affected that certain real property commonly known as _______, Assessor Parcel Number _____, and more particularly described in Exhibit A, attached hereto and incorporated by reference herein.

CITY OF YREKA

Dated:

Name of Officer

(Ord. No. 826, § 5, 7-7-2011)