1730.04   INSPECTION.
   For purposes of inspections performed pursuant to this article, the following rules shall apply:
   (a)   When a Code Enforcement Agency Official enters the premises of the property for investigating or inspecting any structure, dwelling or building, the investigation shall be conducted in a way that minimizes the inconvenience to the owner or person in possession.
   (b)   Except in exigent circumstances and as permitted by law, the Code Enforcement Agency shall provide reasonable advance notice of the inspection to the owner and request permission from the owner to enter the property.
   (c)   If the owner cannot be located after reasonable inquiry by the Code Enforcement Agency, or if the owner refuses entry, the Code Enforcement Agency may obtain an administrative search warrant from either the Municipal Court or the Fayette County Magistrate Court. Before obtaining an administrative search warrant, a Code Enforcement Agency Official is required to make a sworn statement and prima facie case showing that the Code Enforcement Agency was unable to gain access to the structure, dwelling or building after reasonable and good faith efforts, and that there is a legitimate and substantial safety concern involving the structure, dwelling or building that supports the requested entry.
   (d)   If the administrative search warrant is granted by the Court, and if the owner can be located, the Code Enforcement Agency shall provide the owner a copy of the administrative search warrant five days before entering the property.  If there is a tenant or other person in possession of the structure who is not the owner, and if such person(s) can be located, the Code Enforcement Agency shall also provide such person(s) a copy of the administrative search warrant.
   (e)   Any entry pursuant to this section shall be made for the sole purpose of inspection of the structure, dwelling, or building for unsafe or unsanitary conditions and not for the purpose of criminal prosecution or gathering evidence for use in any criminal charge or proceeding unrelated to the unsafe or unsanitary condition of the structure, dwelling or building.
      (Ord. 2018-1.  Passed 2-1-18.)