(a) For the purpose of making any inspections required or permitted under this Code, the Chief Building Official (CBO or Commissioner), upon presentation of proper credentials is authorized to enter, examine and survey at all reasonable times all dwelling, dwelling units, rooming units, occupiable structures, structures and premises provided for in this Code. The owner and occupant of every such dwelling, dwelling unit, rooming unit, occupiable structure and premises and the person in charge thereof shall give such official free access to such dwelling, dwelling unit, rooming unit, occupiable structure and premises at all reasonable times for the purpose of such inspection, examination and survey.
(b) Every occupant of a dwelling, dwelling unit or occupiable structure shall give the owner thereof or his agents and employees access to any part of such dwelling, dwelling unit, occupiable structure or their premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this Code.
(c) (1) Except as may be permitted by law in exigent or emergency situations, no penalty under the penalty provisions of this Code, or adverse administrative action permitted under this Code, shall apply or be made against any owner or other party who refuses the right of entry granted to the Building Commissioner hereunder until a search warrant is obtained.
(2) If the owner or occupant does not consent to the proposed inspection, the Building Commissioner may appear before any judge in a court of competent jurisdiction and seek an administrative search warrant to allow an inspection. Any such application shall be made within ten (10) calendar days after the non-consent. The application for the warrant shall specify the basis upon which the warrant is being sought and shall include a statement that the inspection will be limited to a determination whether there are violations of the code provisions identified in this Code. The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall be issued:
A. Eyewitness account of violation;
B. Citizen complaints;
C. Tenant complaints;
D. Plain view violations;
E. Violations apparent from city records;
F. Property deterioration;
G. Age of property;
H. Nature of alleged violation;
I. Condition of similar properties in the area;
J. Documented violations on similar properties in the area;
K. Passage of time since last inspection; and
L. Previous violations on the property.
(d) If a warrant is issued, no owner or occupant shall fail or neglect, upon presentation of a warrant, to properly permit entry therein by the Building Commissioner for the purpose of conducting an inspection and examination pursuant to this section and consistent with the terms of the warrant. If the court declines to issue a warrant, or if no warrant is sought, the inspection may still take place but the scope thereof shall be limited to such areas as are in plain view.
(Ord. 2019-44. Passed 12-11-19.)