34 replies to this topic

[slowthegrowth]

+1 total BS that a code enforcement officer can come thru a closed fence into my backyard without a warrant to make sure my lawn is mowed or my fence isn't broken.

[ducky]

+1 total BS that a code enforcement officer can come thru a closed fence into my backyard without a warrant to make sure my lawn is mowed or my fence isn't broken.

 

Yeah, me too.

Unless something has changed since Vidaurri vs. Superior Court (1970)  13 Cal. App 3d 550, 91 Cal Rptr. 704, A health inspector cannot enter an enclosed backyard without the owner's consent or an administrative warrant.

 

The rules seems to be that code enforcement can't go through either a locked or unlocked gate because if the property is fenced the owner has a reasonable expectation to privacy.

An open field doesn't have an expectation of privacy so different rules there.

 

Now, if the code enforcement officer can see marijuana plants growing taller than the fence from the public right-of-way or some other infraction in public view, or from a neighbor's property where the neighbor has allowed access, then they can proceed with whatever.  For example, a swimming pool that isn't maintained and is a mosquito breeding ground.

[supermom]

If they have the right to go into your back yard, OK.

 

Still no reason to treat the resident like CRAP/ SHI....

agreed

Ducky, all that is true unless they receive a tip that there is a health and welfare violation on the property. Whether you are there are not, they are required to investigate it.

[chris v]

If anyone came into my backyard unwarranted I would put a gun in their face plain and simple. I wouldn't even think twice. There is no way a code enforcement employee has those rights. I want legal proof or it's BS.

[mac_convert]

I'm sorry, but only police would have the authority to enter a residence for health and safety check. BS . . . no one has the right to enter my property just to snoop!
 

They can walk into your property, through a locked gate, back yard, locked house- whatever they want - if they can say they have an anonymous tip that there is a health and welfare request to check your property for violations.

 

Anything they see at that point they can write you up for--

 

A lovely loop hole past the whole Poisonous Fruits civil rights argument

[TruthSeeker]

If anyone came into my backyard unwarranted I would put a gun in their face plain and simple. I wouldn't even think twice. There is no way a code enforcement employee has those rights. I want legal proof or it's BS.

 

That's what I'm saying. If I was home and saw some intruder prowling around my backyard, I'd grab my gun and have him targeted and let him know it while calling the police. If he comes by my back door, he's getting shot. He's going to have to have a badge and a search warrant, otherwise he has no legal recourse and he's trespassing. 

 

I've got nothing to hide but it's the damn principle here. The city has zero rights to infringe on our privacy and invade our properties.

[chris v]

 
That's what I'm saying. If I was home and saw some intruder prowling around my backyard, I'd grab my gun and have him targeted and let him know it while calling the police. If he comes by my back door, he's getting shot. He's going to have to have a badge and a search warrant, otherwise he has no legal recourse and he's trespassing. 
 
I've got nothing to hide but it's the damn principle here. The city has zero rights to infringe on our privacy and invade our properties.

If they want to see in my backyard "just because" they can use google maps. I actually have pulled a gun and confronted someone I saw in my backyard at my old house. It got real loud for a minute until I realized it was my neighbor!!?? Even so, why are you in my backyard??? He said he was looking at the fence.

[supermom]

If anyone came into my backyard unwarranted I would put a gun in their face plain and simple. I wouldn't even think twice. There is no way a code enforcement employee has those rights. I want legal proof or it's BS.

smh----

 

Castle law in California only good if you are in imminent danger. someone walking around your backyard and you pulling out a gun and brandishing it at them is grounds for you to be arrested for assault and brandishing a weapon. If it was loaded the penalty would be higher. 

 

Particularly if the person is in uniform and first knocked on the door (who is the jury gonna believe you the gun wielder with an apparent health code violation- or the city worker trying to make sure your neighbors are safe? 

 

Really, lets try to keep the bluster out of this and be realistic. Common sense dictates lock your doors, call the police and request a presence if you don't believe they have a right to be there.

[supermom]

+1 total BS that a code enforcement officer can come thru a closed fence into my backyard without a warrant to make sure my lawn is mowed or my fence isn't broken.

They aren't gong to come into your back yard because your grass is uncut. They would come into your yard if it was 6 or 8 feet high and someone called to complain about it being a fire hazard, or maybe you have mud and mosquitoes in your pool, or you have half dead fighting dogs in your back yard that are howling all night....

[Terry]

Here's the Folsom Muni Code regarding this issue:  You can read the full Health and Sanitation code within the Folsom Municipal Code online at the City's website.  I support our city's efforts at code enforcement 100%.  And this, after I've received a notice on one of my previous properties.  The notice was appropriate, the code enforcement officer  (Mr. Piccardo was the officer back then also) was more than polite and helpful, and I resolved the issue (I agreed with the issue but was unaware of the specific code).  At any rate, since then, I know quite a few neighbors and others who have had interactions with him, and the consensus is that he is always more than willing to work with the residents in correcting the issues.  The Code Enforcement Office's work makes for a much better Folsom for all of us to live in.  He doesn't wear a uniform, but does carry his identification as the code enforcement officer for the city.  Seems as though residents are quick to take offense to any "authority" figure, but who else are you going to call when you need one?   Chapter 8.38
MAINTENANCE OF PRIVATELY OWNED PROPERTIES VISIBLE FROM PUBLIC PROPERTY

Sections:

8.38.010    Scope and purpose.

8.38.020    Definitions.

8.38.030    Prohibited activity—Declaration of nuisance.

8.38.040    Evidence of harm to the public health, safety or general welfare—Effect of recorded conditions, covenants or restrictions.

8.38.050    Enforcement.

8.38.060    Penalties.

8.38.070    Enforcement procedures—Notice to correct.

8.38.080    Abatement liens.

8.37 of he Folsom Municipal Code pertaining to the abatement of weeds, refuse and abandoned materials. The remedies contained in this chapter are not exclusive, and all remedies available for violations of the Folsom Municipal Code, including but not limited to the abatement remedies contained in Chapter 8.37, shall be available as remedies for violations of the provisions of this chapter.

B.    The purpose of this chapter is to provide standards for maintenance of privately owned properties and buildings that are visible from public property, public streets and/or public rights-of-way. (Ord. 906 § 2 (part), 1999)

1.08.020(L) of the Folsom Municipal Code, and expressly includes any person having legal title to, or custody, possession or control of the building or property that violates the provisions of this chapter. (Ord. 906 § 2 (part), 1999)

1.08 to 1.10, inclusive, of the Folsom Municipal Code. (Ord. 906 § 2 (part), 1999)

1.09.022 of the Folsom Municipal Code have been satisfied; and

4.    The enforcement authority has determined that the condition constitutes a violation of some provision of this chapter or other provisions of the Folsom Municipal Code.

C.    The absence of a recorded condition, covenant or restriction shall not be deemed evidence that a particular condition on property or on a building does not constitute a violation of this chapter. (Ord. 906 § 2 (part), 1999)

1.08 to 1.10, inclusive, of Title 1 of the Folsom Municipal Code.

B.    The code enforcement officer shall enforce the provisions of this chapter. (Ord. 906 § 2 (part), 1999)

1.08.020 of Chapter 1.08, Title 1 of the Folsom Municipal Code.

B.    Each of the sanctions for administrative violations identified in Section 1.09.013 of Chapter 1.09, Title 1 of the Folsom Municipal Code shall be available for enforcement of the provisions of this chapter.

C.    Based upon the criteria for the imposition of administrative sanctions set forth in Section 1.09.014 of Chapter 1.09, Title 1 of the Folsom Municipal Code, a violation of this chapter shall be deemed a Level C violation, as that term is described in Section 1.09.012 of Chapter 1.09, Title 1 of the Folsom Municipal Code. The range of monetary sanctions available for a violation of this chapter shall be as set forth in Section 1.09.012C. (Ord. 906 § 2 (part), 1999)

1.09.020 to 1.09.048, inclusive, of Chapter 1.09 of Title 1 of the Folsom Municipal Code. The rights to judicial review set forth in Sections 1.09.050 to 1.09.059, inclusive, of Chapter 1.09 of Title 1 of the Folsom Municipal Code shall apply:

B.    A notice to correct shall be served in accordance with the provisions of Section 1.09.023 of Chapter 1.09, Title 1 of the Folsom Municipal Code. Unless an emergency situation exists that creates an imminent threat of harm to person or property and requires immediate corrective action, the time to correct any violation of a provision of this chapter shall be governed by the provisions of Section 1.09.023. The notice to correct shall identify the nature of the violation, and shall set forth in specific detail the basis for the determination by the enforcement authority that the violation endangers the public health, safety or general welfare.

C.    At the time of service of either the notice to correct or the notice of administrative violation, or at anytime thereafter, the enforcement authority may also serve a notice to abate a nuisance pursuant to Section 1.10.020. The notice to abate shall constitute the notification that if the required corrective action is not taken by the date specified, the materials described therein may be removed under authority of the city and that the costs of such removal and abatement shall be made a legal charge against the owner(s) of the property, a lien on the property, and subject to collection with property taxes as provided for in Chapter 1.10. The notice to abate is subject to appeal as set forth in Section 1.10.020and the rights to appeal shall be specifically set forth in the notice. (Ord. 906 § 2 (part), 1999)

8.38.080 Abatement liens.

The costs of abatement, administrative fees and any administrative penalties assessed or imposed pursuant to this chapter shall be declared a lien against the property pursuant to the procedures set forth in Section 1.10.020 of the Folsom Municipal Code. The abatement lien shall include those costs set forth in Section 1.10.020(D)(4). The abatement liens shall be recorded pursuant to the procedures set forth in Section 1.10.020D. (Ord. 906 § 2 (part), 1999)

  

[nomad]

I saw this Code Enforcement guy at La Fiesta. He was all ready to go in his battle gear attacking the chips and salsa bar. He was wearing a blue uniform with a Folsom badge embroidered on the shirt. He also had a Batman utility belt on with about a dozen gadgets on it.

 

After seeing this guy I could tell he was a total tool and could easily see him barging into private property. The dude appears to have a big chip on his shoulder and quite an attitude problem.

[Howdy]

I saw this Code Enforcement guy at La Fiesta. He was all ready to go in his battle gear attacking the chips and salsa bar. He was wearing a blue uniform with a Folsom badge embroidered on the shirt. He also had a Batman utility belt on with about a dozen gadgets on it.

 

After seeing this guy I could tell he was a total tool and could easily see him barging into private property. The dude appears to have a big chip on his shoulder and quite an attitude problem.

 

I think you just described a majority of cops. Getting into private property is the next best thing to drawing their gun to shoot dogs and people.  

[camay2327]

From the original article I posted, I was thinking that it was Picardo's

attitude that was causing the problem.

[supermom]

Always nice to have someone who is super friendly when facing down a property resident that is a problem, a health risk to neighbors, or just flat out rude. 

It is not required, however. 

So, maybe Picardo has an attitude. Maybe not. I havent met him. 

I havent had a need for him to visit.

But I would like to submit here, that many people bring problems on themselves and then get very defensive, and blame others when the cops show up. I would imagine the same holds true when animal control shows up, or when a guy shows up and tells you that the neighbors are complaining about the amount of crap in your lawn ... etc. 

 

You see where Im going with this? I would wonder if this was an isolated complaint, and a valid complaint against a city worker- who's job specification includes instant unpopularity due to him just doing his job.

[Homer]

I've talked with Mr. Picardo a few of times over the years (Not as someone telling on my neighbors.) and he came across as being reasonable. One time he resolved an issue with one of my neighbors that someone complained about without writing citations and towing cars when he could have.