(a) Application for the certificate of inspection required by this chapter shall be made by the owner, or an agent for the owner, upon forms provided by the Building Inspector.
(b) If the applicant consents to the inspection, the parties shall agree on a time during regular business hours of the Building Department.
(c) If the owner, occupant, or agent thereof does not consent to the proposed inspection, the code official may appear before any judge in a court of competent jurisdiction and seek an administrative search warrant to allow an inspection. Any such inspection shall be made within ten calendar days after the nonconsent. The application for the warrant shall specify the basis upon which the warrant is being sought and shall include a statement that the inspection will be limited to a determination whether there are violations of the code provisions identified in this section. The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall issue:
(1) Eyewitness account of violation;
(2) Citizen complaints;
(3) Tenant complaints;
(4) Plain view violations;
(5) Violations apparent from city records;
(6) Property deterioration;
(7) Age of property;
(8) Nature of alleged violation;
(9) Condition of similar properties in the area;
(10) Documented violations on similar properties in the area;
(11) Passage of time since last inspection;
(12) Previous violations on the property.
(d) If a warrant is issued, no owner, occupant, or agent thereof shall fail or neglect, upon presentation of a warrant, to properly permit entry therein by the code official or his/her duly authorized designee for the purpose of inspection and examination pursuant to this section and consistent with the terms of the warrant. If the court declines to issue a warrant, or if no warrant is sought, the inspection shall take place but the scope thereof shall be limited to such areas as are in plain view. A limited-scope inspection conducted pursuant to this paragraph shall be considered an "inspection" for purposes of this Code pertaining in the pre-sale inspection program set forth in this section. No criminal penalty shall attach, nor shall any certificate of occupancy be denied, solely by reason of the owner's, occupants, or agent's refusal to consent to a full inspection.
(Ord. 57-2019. Passed 8-6-19.)