Petaluma Municipal Code Ch. 1.11 Property Inspections and Abatement

An enforcement oMcer may, upon presentation of proper credentials, enter upon any aNected property at any

reasonable time to inspect the same or to perform any act or acts as may be 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 aNected property or location, as permitted by law and consistent with legally recognized

privacy rights. If an enforcement oMcer 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

enforcement oMcer may enter the aNected property or location without prior notiKcation to the owner or

occupant. In all other cases, an enforcement oMcer shall give the owner and/or occupant, if the same can be

located after reasonable eNort, reasonable notice of a request for consent to enter the aNected 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 eNort, the enforcement oMcer 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. 2385 NCS §1, 2010; Ord. 2250 NCS §3, 2006.)

In any enforcement action, the city attorney, enforcement oMcer, or hearing oMcer 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. 2385 NCS §1, 2010; Ord. 2250 NCS §3, 2006.)

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 an enforcement oMcer or any employee, authorized agent, representative or

contractor of the city to enter onto any aNected 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 may 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. 2385 NCS §1, 2010; Ord. 2250 NCS §3, 2006.)

Upon issuance of an inspection warrant or abatement warrant, as described in this chapter, the enforcement

oMcer shall cause such warrant to be executed in accordance with the procedures set forth in Code of Civil

Procedure Section 1822.56. (Ord. 2385 NCS §1, 2010; Ord. 2250 NCS §3, 2006.)

A. Whenever the code oMcial or designated representative determines that a nuisance, as deKned in this code,

exists, the code oMcial or designated representative may submit for recordation a notice of code violation or

notice of substandard conditions with the oMce of the county recorder. The code oMcial or designated

representative shall notify the owner of record, as shown on the most recent tax roll, of the recordation.

B. The owner may request an appeal hearing before an administrative hearing oMcer per the procedures set

forth in Section 1.14.070. All hearings shall be conducted pursuant to the procedures set forth in Sections 1.14.090

and 1.14.100.

C. At such time as the code oMcial or designated representative determines that the nuisance has been

corrected or removed, the code oMcial or designated representative shall cause a release of notice of code

violation or substandard conditions to be recorded in the oMce of the county recorder. A fee, as set forth by

resolution of the city council, may be charged to the property owner for preparation and recordation of a release

of notice of code violation or substandard conditions.

(Ord. 2385 NCS §1, 2010.)