Tuesday, February 02, 2010

Enabling law on agenda tonight

There’s an odd item on the “consent” calendar at tonight meeting of the Manteca City Council called Administrative Enforcement Provisions.  (Consent Item 12 CC)

Only the introductory remarks are on the city’s website.  The PDF file doesn’t include the actual language of the new law.  But after obtaining the actual text, a couple things got my attention:

  • The law involves “code enforcement” and claims to be needed to protect the “health and safety” of the people of Manteca.
  • Section 1.10.040 – Authority to inspect.  Grants just about any city employee the authority to enter upon any property or premises within the city to ascertain whether … this code, … uniform codes, or … state codes are being obeyed.
  • In other words, the code enforcer doesn’t even need a reason or any suspicion of any violations.  He can simply demand entry to any home or business in Manteca at any time?
  • The code enforcer is permitted to set up scientific equipment and take photographs and to take “samples.”  In other words, he can enter your home, take pictures, and if he sees anything interesting, he can simply take it?
  • If you refuse to permit entry, they can attempt to get an “administrative inspection warrant” and then charge you a fee for their trouble.
  • The procedure for administrative hearings ends with failing to comply with the administrators decision is a misdemeanor.
  • Further, a companion ordinance will establish a $100, $200, and $500 fine for every citation.  In the definitions a citation is a document issued by an enforcement officer … for violating … this code or … state code.  You don’t get a hearing, you don’t get to plead your case to a judge, the “officer” can simply look at you or look at your home, and issue you a fine. 

I don’t usually write things before the meeting but this law is so outlandish, I don’t even know what else to say about it it’s shocking.  Has the constitution been repealed and I wasn’t notified?  I’m still reading.  I urge you to find out about this regulation and tell the council what you think.

1 comment:

  1. I emailed all 5 council members as soon as I obtained a copy of the ordinance which was around 5:45pm this evening, 15 minutes before a special council session began.

    Interesting city council meeting. Glad to see they have a constitutional law expert on staff who assured everyone that no one's constitutional rights were being violated with this vague, over-broad and sweeping ordinance. It basically gives the local government carte blanche to just enter your private property with no notice, just to look around and make sure you're "obeying" the "codes." It's outrageous! This has the potential to be one of the most abusive and punative laws around.

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