A. General Rule: For the purpose of safeguarding the health and safety of the general public and of the occupants of all buildings or to determine compliance with the code, an order or a permit or license, the chief building official, housing official, building inspector, code compliance specialist, fire department personnel, police officers or their respective representatives or designees ("authorized officer") may conduct inspections to determine the condition of the buildings and premises located within the city. For the purpose of making the inspection, the authorized officer is authorized to enter, examine and survey the buildings or premises at all reasonable times.
1. Notice: Prior to making the inspection, the authorized officer will inform the occupants of the building or premises to be inspected of the date and time of the inspection by personal service or regular mail postmarked not less than seventy two (72) hours prior to the time the inspection is made.
2. Access: After the written notice has been given, the owner, occupant or manager of the building, must give the authorized officer free access to the building and its premises, for the purpose of the inspection, examination or survey, provided that the inspection, examination or survey must not have for its purpose the harassment of the owner, occupant or manager and the inspection, examination or survey is made so as to cause no unreasonable inconvenience to the owner or occupant.
3. Emergency Access: The authorized officer must be allowed immediate entry:
a. At any time when in the opinion of the authorized officer an actual emergency tending to create an immediate danger to public health or safety exists; or
b. At any time when the inspection, examination or survey may be requested by the owner, occupant or manager.
B. Application For Search Warrant: Upon a refusal of any owner, occupant or manager to permit the authorized officer access to a dwelling, dwelling unit or premises to make an inspection, and upon a belief of probable cause that the dwelling, dwelling unit or premises do not conform to the requirements of this chapter, the authorized officer may make application to the appropriate court for an order or warrant directing the inspection and search of the dwelling, dwelling unit or premises for its conformity to the requirements of this chapter, and any evidence or information from the inspection or search may be used in any court proceedings.
C. Interference With Official Duties: It is unlawful for any person to prevent, delay or interfere with representatives of the city while they are engaged in the performance of their duties. (Ord. 1325, 10-24-2016)