34 replies to this topic

[Steve Heard]

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.

 

 

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. 

 

I've met Pete Picardo a couple of times, and talked to him on the phone a couple more. He's always been courteous and professional.

 

He is in an unpopular position. If Pete shows up, at your door, it's not to give an award.

 

He's not inventing rules, he's enforcing them.

[cw68]

While reading through the City Charter for something unrelated, I ran across this, which is pertinent to the thread:

 

1.09.025 Right of entry for inspection.

 

A. Whenever necessary to make an inspection to enforce the Folsom Municipal Code or other applicable laws, or whenever there is reasonable cause to believe there exists a violation of the Folsom Municipal Code or other applicable laws in any building or upon any premises within the jurisdiction of the city, any authorized official of the city may, upon presentation of proper credentials, enter such building or premises at all reasonable times (as that phrase is defined in Section 1.08.020(k) of this title) to inspect the same or to perform any duty imposed by the Folsom Municipal Code or other applicable laws.

 

B. Except in emergency situations or when consent of the owner and/or occupant of the building or premises to be inspected has been obtained, the city official shall give the owner and/or occupant, if they can be located after reasonable effort, 24 hours written notice of the authorizeed official’s intention to inspect through a notice of intention to inspect. The notice of intention to inspect shall state that the property owner has the right to refuse entry and, that in the event such entry is refused, inspection may be made only upon issuance of an administrative warrant or search warrant as allowed by law by a duly authorized judge.

 

C. The written notice of intention to inspect shall be served by certified mail, return receipt requested. Where the authorized official intends to inspect within the next 24-hour period, the written notice shall be hand delivered. The notice of intention to inspect may be left with any person above the age of 18 who identifies himself/herself as an occupant, tenant or owner of the premises. If no one is at the premises at the time of delivery, the notice of intention to inspect shall be posted in 2 conspicuous places on the premises.

 

D. Prior to entering the premises, the authorized official conducting the inspection shall ascertain from the owner and/or occupant whether the notice of intention to inspect has been received and shall obtain permission for entry. Unless an emergency situation exists, if the owner and/or occupant refuses entry after such a request has been made, or if no actual contact is made with the owner and/or occupant prior to the attempt to enter, the official must seek assistance from any court of competent jurisdiction in obtaining such entry. (Ord. 846 § 2 (part), 1996)

[ducky]

That clears things up a bit.  Looks like unless there is some pressing emergency they don't just come wandering into your yard or snooping over your fence.

 

I've never had a bad encounter with code enforcement in Folsom, quite the opposite, but it doesn't mean others might not have a different experience.

[supermom]

Im pretty sure I said that-- Ducky

[ducky]

Im pretty sure I said that-- Ducky

 

Sorry, Supermom.  Didn't mean to diss your contribution to the discussion, but you also gave the impression that they don't have to give written notice to do an inspection.

 

The part I found informative is that even if they serve notice of inspection that the notice shall also state the property owner has the right to refuse entry, which would then require a search warrant to inspect the premises.