(A) Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the Department has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Department may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Department by this code, provided that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner, their agent or responsible party or other persons having charge or control of the building or premises and request entry. If such entry is refused or consent cannot be obtained, the Department shall proceed to obtain a search warrant or other appropriate legal authorization by filing a verified petition with the Metropolitan Court or District Court. The petition shall:
(1) Set forth the particular building, premises or portion thereof sought to be inspected;
(2) State that the owner, their agent or responsible party or occupant of the building, premises or portion thereof, has refused entry, or cannot be located in order to obtain right of entry;
(3) State that inspection of the building, premises or portion thereof is necessary to determine whether it complies with the requirements of this code;
(4) Set forth the particular provisions of this code sought to be enforced;
(5) Set forth any other reason necessitating the inspection, including knowledge or belief that a particular condition exists in the building, premises or portion thereof which constitutes a violation of this code;
(6) State that the Department is authorized by the city to make the inspection.
(B) When the Department shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner, their agent or responsible party or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Department for the purpose of inspection and examination pursuant to this code.
('74 Code, § 7-24-3A.2) (Ord. 34-1986; Am. Ord. 2018-025)