(A) A code official may request entry and conduct an inspection for a violation of this chapter upon receipt and substantiation of a complaint lodged against a single-family owner-occupied property. The Code Official must provide the owner with a written request for entry into the home and such written request must include a notice to the owner of their right to deny the entry request. The written request must also contain a statement informing the owner that denial of the entry request may result in the Code Official applying for an administrative warrant and court order authorizing entry by the Code Official regardless of the owner's objection so long as the warrant procedure and subsequent entry are performed according to state and federal constitutional standards.
(B) Complaints are deemed sufficient to trigger this authority if they meet the following criteria for substantiation, as applicable:
(1) Exterior complaints. If a complaint is made about any condition visible from the exterior of the single-family owner-occupied dwelling (for example, smoke/carbon monoxide detectors, mold, etc.), a complaint will be deemed sufficient if the complaint states in detail the violation alleged and is subsequently verified by an authorized code official.
(2) Interior complaints. If a complaint is made about any condition visible only from the interior of the single-family owner-occupied dwelling (for example, smoke/carbon monoxide detectors, mold, etc.), a complaint will be deemed sufficient if the complaint states in detail the violation alleged and is accompanied by photographs of the violation alleged for review by the Code Official.
(C) Complaints about any portion of a rental property as defined in Chapter 155 are governed by the provisions of Chapter 155.
(Ord. 2644, passed 6-23-2020)