(A) Right of entry. The Council or other duly authorized employees of the city, bearing proper credentials and identification, shall be permitted to enter all properties at all reasonable times for the purpose of inspection, observation or testing, all in accordance with the provisions of this chapter. This includes inspection of buildings to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system. The city may allow for certification of compliance by a licensed plumber that has received the authority to do so by the city. The city may periodically reinspect any building or premise to determine compliance with the requirements of this chapter.
(B) Safety. While performing the necessary work on private premises referred to in division (A) above, the duly authorized city employees shall observe all safety rules applicable to the premises established by the owner or the occupant.
(C) Identification; right to enter easements. The Council or duly authorized employees of the city, bearing proper credentials and identification, shall be permitted to enter all private properties through which the city holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within the easement at all reasonable times, all subject to the terms, if any, of that easement.
(D) Warrants. 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.
(2004 Code, § 53.140) (Ord. 781, passed 7-19-1988; Ord. 01-291, passed 5-22-2001)