The following procedures apply to all new development:
(A) Inspection by Consent.
(1) Within the scope of his authority, the Mayor may conduct an inspection, with the voluntary consent of an occupant or custodian of the premises to be inspected who reasonably appears to be in control of the places to be inspected or otherwise authorized to give such consent.
(2) Before requesting consent for an inspection, the Mayor shall inform the person to whom the request is directed of the authority under and purposes for which the inspection is to be made and shall exhibit an identification card or document evidencing his authority to make such inspections.
(3) Inspections undertaken pursuant to this section shall be carried out with due regard for the convenience and privacy of the occupants, and during the daytime, unless, because of the nature of the premises, the convenience of the occupants, the nature of the possible violation or other circumstances, there is a reasonable basis for conducting the inspection at night.
(4) Notice of the purpose and approximate time of an inspection of an area not open to the general public shall be sent to the occupants or custodians of premises to be inspected not less than seven days before the inspection is undertaken.
(B) Inspection without Consent.
(1) Upon sufficient showing that consent to an inspection has been refused or is otherwise unobtainable with a reasonable period of time, the Mayor may make application for an inspection order/search warrant. Such application shall be made to a court having jurisdiction over the premises to be inspected. Such application shall set forth:
(a) The particular premises, or portion thereof sought to be inspected;
(b) That the owner or occupant of the premises has refused entry;
(c) That inspection of the premises is necessary to determine whether they comply with the requirements of this article;
(d) Any other reason necessitating the inspection, including knowledge or belief that a particular condition exists on the premises which constitutes a violation of this article; and
(e) That the Mayor is authorized by the city to make the inspection.
(2) The application shall be granted and the inspection order/search warrant issued upon a sufficient showing that inspection in the area in which the premises in question are located, or inspection of the particular premises, is in accordance with reasonable legislative or administrative standards, and that the circumstances of the particular inspection for which application is made are otherwise reasonable. The court shall make and keep a record of the proceedings on the application, and enter thereon its finding in accordance with the requirements of this section.
(3) While executing the inspection order/search warrant the Mayor shall, if the premises in question are unoccupied at the time of execution, be authorized to use such force as is reasonably necessary to effect entry and make the inspection.
(4) While conducting the inspection the Mayor shall, if authorized by the court on proper showing, be accompanied by one or more law enforcement officers authorized to serve search warrants who shall assist the Mayor in executing the order at his direction.
(5) After execution of the order or after unsuccessful efforts to execute the order, as the case may be, the Mayor shall return the order to the court with a sworn report of the circumstances of execution or failure thereof.
(Ord. 18-1995; Am. Ord. 24-1998) Penalty, see § 6-1-1-99