(A) Any licensed peace officer of the city’s Police Department, or the County Sheriff, or any Deputy Sheriff shall have the authority to enforce any provision of this code.
(B) As permitted by M.S. § 626.862, as it may be amended from time to time, the City Administrator shall have the authority to administer and enforce this code. In addition, under that statutory authority, certain individuals designated within the code or by the City Administrator or City Council shall have the authority to administer and enforce the provisions specified. All and any person or persons designated may issue a citation in lieu of arrest or continued detention to enforce any provision of the code.
(C) The City Administrator and any city official or employee designated by this code who has the responsibility to perform a duty under this code may with the permission of a licensee of a business or owner of any property or resident of a dwelling, or other person in control of any premises, inspect or otherwise enter any property to enforce compliance with this code.
(D) If the licensee, owner, resident or other person in control of a premises objects to the inspection of or entrance to the property, the City Administrator, peace officer or any employee or official charged with the duty of enforcing the provisions of this code may, upon a showing that probable cause exists for the issuance of a valid search warrant from a court of competent jurisdiction, petition and obtain a search warrant before conducting the inspection or otherwise entering the property. This warrant shall be only to determine whether the provisions of this code enacted to protect the health, safety and welfare of the people are being complied with and to enforce these provisions only, and no criminal charges shall be made as a result of the warrant. No warrant shall be issued unless there be probable cause to issue the warrant. Probable cause occurs if the search is reasonable. Probable cause does not depend on specific knowledge of the condition of a particular property.
(E) Every licensee, owner, resident or other person in control of property within the city shall permit at reasonable times inspections of or entrance to the property by the City Administrator or any other authorized city officer or employee only to determine whether the provisions of this code enacted to protect the health, safety and welfare of the people are being complied with and to enforce these provisions. Unreasonable refusal to permit the inspection of or entrance to the property shall be grounds for termination of any and all permits, licenses or city service to the property. Mailed notice shall be given to the licensee, owner, resident or other person in control of the property, stating the grounds for the termination, and the licensee, owner, resident or other person in control of the property shall be given an opportunity to appear before the City Administrator to object to the termination before it occurs, subject to appeal of the City Administrator’s decision to the City Council at a regularly scheduled or special meeting.
(F) Community service officers have the same powers of law enforcement officers in the city to issue a citation in lieu of arrest for violations of the city code. Nothing in this section is to be construed as giving community service officers any powers of law enforcement officers other than the authority set forth in this section. For purposes of this code, a COMMUNITY SERVICE OFFICER means an employee of the city designated by the Council and assigned to the Police Department, exercising limited law enforcement, code enforcement and related duties under the supervision of the Chief of Police.
(G) Nothing in this section shall be construed to limit the authority of the city to enter private property in urgent emergency situations where there is an imminent danger in order to protect the public health, safety and welfare.
(Ord. 21-04, passed 4-12-2021)