(A) Authorization and inspection. Enforcement Officials are authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter. Enforcement Officials are given summary power to secure entry to any structure or to abate any hazardous condition upon private property which, after inspection, is determined to be immediately dangerous to the public health or safety. Enforcement Officials may use any method, including but not limited to boarding-up, sealing off, and/or posting of warning, which in their judgment and discretion will be sufficient to safeguard the life, health and safety of the public or protect the structure from vandalism, burglary or other unlawful acts. Enforcement Officials shall also post notice to vacate the building as set forth in § 95B.111 and shall notify the record owner as set forth in § 95B.108.
(B) Right of entry. Subject to all applicable legal and constitutional limitations, whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an Enforcement Official has reasonable cause to believe that there exists in any public or private building or upon any public or private premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, Enforcement Official may enter the building or premises at all reasonable times to inspect it or to perform any duty imposed upon the Enforcement Officials by this chapter. Provided, however, that if such building or premises are occupied, the Enforcement Official shall first present proper credentials and request entry. If such building or premises are unoccupied, the Enforcement Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Enforcement Official shall have recourse to every remedy provided by law to gain entry, to include a court-ordered inspection warrant.
(Ord. 1226, passed 8-5-98)