Any entry on private property by a code official is subject to the following limitations:
(A) If the building or property to be inspected is a business open to the public, the code official may enter and inspect the building or property at any time the business is occupied by patrons or open for business.
(B) If the building or property to be inspected is occupied, the code official shall present city credentials including photo identification to the owner or person responsible for the building or property, state the reason for the inspection, and request consent for entry. If consent is given, the code official may enter and inspect the property.
(C) If the building or property to be inspected is unoccupied, the code official shall make a reasonable effort to locate the owner or other person having charge or control of the building or property and request consent for entry. If consent is given, the code official may enter and inspect the property.
(D) Consent to enter buildings or property may be obtained by any means, including but not limited to written, facsimile, telephonic, or in-person consent. In addition, any application for a building permit or a business license shall be deemed to be consent for code officials to enter the building or property to perform any inspections, measurements, sampling, or other action required to review and process the application or enforce applicable code sections. If entry is refused by the holder of a building permit or business license or otherwise after consent is given, it will be deemed a violation of this chapter in accord with §§ 10.99 and 131.02(A)(1).
(E) If entry is refused or if a code official is unable to obtain consent, the code official shall make no entry unless non-consensual entry is otherwise permitted under this chapter, but the city shall have recourse to every remedy provided by law to secure entry, including but not limited to application to any court of competent jurisdiction for a search warrant or other remedy.
(F) If entry is refused or if any person interferes with lawful entry or inspection of property:
(1) After valid consent is obtained, including consent implied by application for a business license or a building permit;
(2) After a search warrant has been issued;
(3) When the code officer has authority to inspect or enter property as set forth below in division (G); or
(4) If conditions exist requiring immediate inspection or other action to protect the public health, safety or welfare, or to preserve property, the code official is authorized to enter the property with the aid and accompaniment of law enforcement officer(s). Any person interfering with such entry will be deemed in violation of this chapter in accord with §§ 10.99 and 131.02(A)(1) and will be subject to arrest.
(G) Nothing in this chapter requires a code official to obtain the property owner's consent:
(1) To an inspection that is conducted while the code official remains on adjacent public property, such as a public right-of-way, or on other adjacent property for which consent to entry has been obtained;
(2) To enter property in which the city has a written easement for purposes authorized in the easement instrument;
(3) To conduct an abatement procedure with prior notice to the owner and a chance to be heard. If entry is refused following such a procedure, it will be deemed a violation of this chapter in accord with § 10.99; or
(4) To enter property after a search warrant has been obtained. If entry is refused following such a procedure, it will be deemed a violation of this chapter in accord with § 10.99.
(H) Notwithstanding the provisions above, whenever it appears to the code officer of city that conditions exist requiring immediate inspection or other action to protect the public health, safety or welfare, or to preserve property, including where the property is unsecured and either unoccupied and or illegally occupied, the code official is authorized to enter in or upon any building or property, public or private, without first obtaining the owner's consent, or when any other circumstance exists making such entry lawful under the common law.
(Ord. 09-18, passed 7-10-18)