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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B11 1/2-8. Enforcement authority.

Pursuant to Section 836.5 of the California Penal Code, the Director of Planning and Development, the Manager of the Development Services Office, the Director of Environmental Health, or their designees are hereby authorized to enforce the provisions of this division and to issue citations for violations thereof.

Whenever necessary for the purpose of determining compliance or enforcing the provisions of this division, or whenever any enforcement officer has reasonable cause to believe that there exists in any structure or upon any premises any condition which constitutes a violation of this division, the officers may enter the structure or premises at all reasonable times to inspect, or to perform any duty imposed upon any of the officers by law; provided that if the structure or premises is occupied, the officer shall first present proper credentials and request entry, and further provided, that if the structure or premises is unoccupied, the officer shall first make a reasonable attempt to contact a responsible person from the firm or corporation and request entry, except in emergency circumstances. If entry is refused, the officer seeking entry will have recourse to every remedy provided by law to secure entry.

There will be no civil liability on the part of, and no cause of action will arise against, any enforcement officer acting pursuant to this section and within the scope of authority. Furthermore, nothing in this division may be construed to hold the County or any officer, employee or representative of the County responsible for any damage to persons or property by reason of making an inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection or by reason of any failure to take any enforcement or remedial action.

(Ord. No. NS-517.74, § 1, 10-17-06)

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