Pasadena Municipal Code Ch. 1.30 Inspections and Cost Recovery

Any city official or authorized representative charged with enforcement responsibilities under this municipal code, state laws or other authority, may enter and inspect any building or premises in the city whenever necessary to secure compliance with, or prevent a violation of any provision of this code or other laws which the city has power to enforce.

(Ord. 6459 § 2 (part), 1991)

A. A person authorized by this chapter to enter buildings or premises may enter any dwelling between the hours of 8:00 a.m. and 6:00 p.m. to inspect the same or perform any duty imposed upon that official by the municipal code or by state law, provided that the owner or the lawful occupant has consented to the inspection.

B. If the building or premises are occupied, the inspector shall first present proper credentials and request entry; and if such building or premises is unoccupied, the inspector shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the inspector shall obtain an inspection warrant issued from the city municipal court.

C. When the inspection official or an authorized representative shall have first obtained an inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the inspection official or an authorized representative for the purpose of inspection and examination pursuant to this code.

(Ord. 6459 § 2 (part), 1991)

A. The property owner or other responsible party may be charged for all city costs and incidental expenses incurred in abating violations of this code, including, but not limited to: the actual costs of the city in preparing notices, correspondence, specifications, and contracts; staff costs related to inspections of the property; the costs of printings and mailings; costs related to inspection warrants; costs related to office hearings and administrative adjudications; costs related to relocating tenants of uninhabitable property; any attorney's fees expended in the abatement of the nuisance through civil action or otherwise; all costs or expenses for which the city may be liable under state law arising from or related to the nuisance action; and all costs or expenses to which the city may be entitled pursuant to California Health and Safety Code Section 101325 and other statutory entitlements.

B. Costs or expenses for which the city may be reimbursed shall begin to accrue at the time the city first receives a complaint regarding a problem on the property.

C. Costs are recoverable even if the nuisance is corrected prior to a nuisance abatement hearing or an appeal hearing.

D. Costs shall be assessed at the conclusion of the abatement and may be waived at the discretion of the city manager according to standards to be adopted by resolution.

E. The inspection official shall maintain an itemized statement of costs regarding open cases for prompt submission to the assistant city manager or a duly authorized representative.

F. The city shall post conspicuously on the property and also mail to the owner of the property a copy of the report of expenses of the abatement, together with a notice of time and place when the statement will be reviewed and confirmed by the assistant city manager or a duly authorized representative.

G. At the time and place fixed for receiving and considering the report, the assistant city manager or a duly authorized representative shall review the report and any objections raised by any of the persons liable to be assessed for the cost of abating the nuisance. Prior to confirmation, the report may be revised, corrected or modified.

H. A copy of the confirmed costs shall be provided to the property owner.

I. The decision of the assistant city manager or a duly authorized representative is final and conclusive. Pursuant to the Code of Civil Procedure Section 1094.6, any action to review the city manager's decision shall be commenced not later than the ninetieth day after the date the costs are confirmed.

J. The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a special assessment against the respective lot or parcel of land to which it relates; and, after its recording, as thus made and confirmed, the same shall constitute a lien on the property in the amount of the assessment. After the confirmation of the report, a copy thereof shall be transmitted to the Los Angeles County assessor's office, whereupon it shall be the duty of the tax collector to add the amounts of the assessment, or assessments, to the next regular bills or taxes levied against the respective lots and parcels of land for municipal purposes; and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.

(Ord. 6968 § 1, 2004; Ord. 6459 § 2 (part), 1991)

A. The provisions of this chapter are nonexclusive and supplementary to existing rights and remedies. Nothing in this chapter shall prevent the city from commencing any appropriate action to abate a nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this chapter; nor shall anything in this chapter be deemed to prevent the city from commencing a criminal action with respect to the nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this chapter.

B. If the city commences any appropriate action to abate a nuisance, the city may recover its costs and attorneys fees as part of the judgment which may be recorded as an assessment against the property and constitute a lien thereon. This section grants specific authority to any court of competent jurisdiction to grant an award of costs and attorneys fees in favor or the city. This section for recovery of attorneys fees may be used alternatively to, or in conjunction with, the procedures set forth above; however, in no event may the city obtain a double recovery. Failure of a court to award attorneys fees as part of a judgment does not preclude the city from assessing costs against the property pursuant to the procedures set forth above.

(Ord. 6459 § 2 (part), 1991)

TITLE 1 FOOTNOTES

1. For statutory provisions authorizing cities to adopt by reference a codification of their ordinances, see Gov. Code §§ 50022.1—50022.8 and 50022.10; for provision of the Pasadena City Charter authorizing codification of city ordinances, see article 5 section 511.

2. For provisions of the City Charter regarding the scope of city powers, see Charter §§ 301—305.

3. For statutory provisions requiring that the city clerk be the custodian of the city seal, see Gov. Code § 40811.

4. For statutory provisions regarding the "Annexation of Uninhabited Territory Act of 1939," see Gov. Code § 35300 et seq.; for provision of the City Charter allowing boundary change, see Pasadena City Charter § 102.

5. For statutory provisions that municipal elections shall be regulated under Ch. 2 of the Elec. Code or provisions of the Elec. Code generally, see Elec. Code § 22802; for provisions of the City Charter regulating periodic redistricting, see Pasadena City Charter § 1201.

6. For statutory provisions authorizing cities to impose penalties for violations of ordinances, not exceeding $500.00 in fines and/or six months imprisonment, see Gov. Code § 36901; for provisions of the city code imposing penalties for violation, see Charter § 512.