§ 15-1-104. Right of entry – Health Department.

   (a)   Generally. Subject to the limitations of Title 4 and other law, the Health Officer may enter and inspect dwellings, dwelling units, rooming houses, rooming units, dormitory rooms, and premises for the purpose of determining whether there is compliance with the Property Maintenance Code contained in Title 4. In addition, if the Health Officer has reason to believe that an actual or potential health or safety hazard exists on private property and it is essential to the public health and welfare that investigation and abatement be undertaken immediately, the Health Officer or the Health Officer's designee may enter onto private property to determine whether an actual or potential health or safety hazard exists and take such action as may be necessary to abate an actual or potential health or safety hazard.

   (b)   Consultation. Before making inspections within a contiguous area in accordance with a plan authorized in § 15-4-105, the Health Officer shall first consult with organizations, representatives of property owners, and other residents of the contiguous area.

   (c)   Access provided by owner, occupant, or person in charge. On appointment or on presentation by the Health Officer of proper identification, a copy of a relevant plan of inspection under which entry is sought, and a schedule of the specific areas and facilities to be inspected, the owner, occupant, or other person in charge of a dwelling, dwelling unit, rooming house, rooming unit, or dormitory room may give the Health Officer entry and free access to the dwelling, dwelling unit, rooming unit, rooming house, or dormitory room or to the surrounding premises.

   (d)   Judicial assistance to gain entry. If an owner, occupant, or other person in charge of a dwelling, dwelling unit, rooming unit, or a multiple dwelling or rooming house refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to a structure or premises where an inspection authorized by Title 4 is sought, the Health Officer may seek in a court of competent jurisdiction a cease and desist order against the owner, occupant, or other person in charge.

   (e)   Unrelated evidence found on inspection. The Health Officer shall keep confidential all evidence not related to the purposes of Title 4 that is discovered in the course of an inspection under Title 4.

(1985 Code, Art. 22, §§ 4-102, 4-103, 4-104, 4-105)