(a) City Building Inspector. The City Building Inspector, acting in his official capacity as an agent of the City and only upon the terms and conditions described in subsection (b) of this section, is hereby authorized to make reasonable inspection of any Property or Dwelling or any building, fixture, naturally occurring formation, manmade formation, refuse collection or other potential hazard located thereon, upon reasonable suspicion or observation, for the purpose of investigating whether the same may constitute a violation of the Property Articles or a hazard to the health, safety or welfare of the public or may cause the property to be unfit for human habitation due to dilapidation, defects increasing the hazard of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities or any other conditions prevailing in or on any Property or Dwelling. (W.Va. Code § 8-12-16(c); W.Va. Code § 8-12-15).
(b) Terms and Conditions for Inspection. The authorization of the City Building Inspector, set forth in subsection (a) above shall be limited to inspections between 9:00 AM and 8:00 PM, or at such other time as may be arranged in special circumstances with the Property Owner, and shall be conditioned upon permission to enter obtained either from the Property Owner or the Present Occupant. Should the City Building Inspector be refused entry, the City Building Inspector may pursue recourse to obtain entry as may be provided by law. The City Building Inspector shall carry proper identification at all times when inspecting a Property or Dwelling under the terms of this Article. (W.Va. Code § 8-12-16(c)).
(c) Reports. The City Building Inspector may also request, and shall also accept if the same are offered, written reports from officers or agents of the City, officers, agents or agencies of Kanawha County, the State of West Virginia or the United States of America that are turned over to the City Building Inspector and may provide evidence of the violation of the Property Articles. Notwithstanding this requirement, nothing in his subsection shall require the Building Inspector to request such reports and the investigations of the Building Inspector pertaining to any parcel of Property may not be deemed incomplete for failure to contain reports.
(d) Expert Opinions. The City Building Inspector may accept written reports from professionals, experts or other persons or firms who may submit the same, when such reports may provide evidence of the violation of the Property Articles. Notwithstanding this subsection to the contrary, nothing herein shall be read to require the Building Inspector to obtain such reports and the investigations of the Building Inspector pertaining to any parcel of Property may not be deemed incomplete for failure to contain reports.
The Property Board may also request, or direct the Building Inspector to request, guidance, copies of reports or opinions from experts in pertinent fields, who may be recognized as experts in the same in the sole discretion of the Property Board.
(Ord. 673. Passed 8-6-12.)