(A) Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Housing Inspector has reasonable cause to believe that there exists in any dwelling, dwelling unit, rooming unit, rental unit, structure or premises any condition that makes the unit or premises in violation of any provisions of this chapter, or in response to a complaint that an alleged violation of the provision of this chapter, or of applicable rules or regulations pursuant thereto, may exist, the Housing Inspector must, before attempting to inspect any dwelling unit, obtain consent to conduct an inspection from the owner and/or any person lawfully entitled to possession of the dwelling, dwelling unit, rooming unit, rental unit, structure or premises.
(1) Consent is not effective to authorize an inspection unless one of the following conditions has been satisfied:
(a) Consent has been obtained from both the owner and the person lawfully entitled to possession; or
(b) Consent has been obtained from the owner and the owner is responsible for providing all notices required by law to the occupant in advance of the inspection to allow for lawful entry; or
(c) Consent is obtained from the person lawfully entitled to possession and the matter complained of is one that constitutes an emergency or an imminent risk to life, health or safety of the occupant; or
(d) Notice has been sent to the property owner by the Housing Inspector and the owner has failed to respond to the Housing Inspector’s good faith efforts to obtain the owner’s consent.
(2) In the event the owner cannot or does not provide the required notices to the occupant as contemplated above in division (A)(1)(b), the owner must notify the Housing Inspector of same in advance of the scheduled inspection.
(3) In seeking to obtain consent to conduct an inspection, the Housing Inspector shall:
(a) Identify himself or herself and his or her position;
(b) Explain why entry is sought;
(c) Explain that the owner or other person having charge or control of the premises may refuse, without penalty, entry without an order to allow inspection; and
(d) Explain that if entry is refused, the Housing Inspector may apply to a magistrate for an order to allow inspection.
(B) Owner or occupant to permit entry. No owner or occupant or any other person having charge, care of or control of any dwelling, dwelling unit, rooming unit, rental unit, structure or premises shall fail or neglect, after presentation of an order to allow inspection or a search warrant, to properly permit entry therein by the Housing Inspector for the purpose of inspection and examination pursuant to this chapter.
(C) Order to allow inspection. The Housing Inspector is authorized to conduct consensual inspections of any dwelling within the city, on a reasonable and regular basis or upon request or complaint, in order to perform the duty of safeguarding the health and safety of the occupants or the public. If consent to inspect the building is withheld by any person or persons from whom consent must be obtained to conduct a consensual inspection, the Housing Inspector may apply to a magistrate of the State District Court in and for the county for an order to allow inspection of the building. No order to allow inspection shall be issued until the Housing Inspector files with the Clerk of the District Court an affidavit, signed by the Housing Inspector, attesting to the fact that the Housing Inspector has attempted to obtain consent to conduct an inspection, but has failed to obtain the consent, and further naming the party or parties who refused to consent to the inspection.
(Ord. 2664, passed 12-8-2020)