(Amended by Ord. No. 136,242, Eff. 4/19/68.)
(a) Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Code or other applicable law, or whenever the General Manager or the General Manager’s authorized representative has reasonable cause to believe that there exists in any building or upon any premises any violation of the provisions of this article or other applicable law, the General Manager or the General Manager’s authorized representative is hereby authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the General Manager by this Code or other applicable law; provided that:
(1) If such property be occupied, the General Manager shall first present proper credentials to the occupant and request entry explaining the General Manager’s reason therefor; and
(2) If such property be unoccupied, the General Manager shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry, explaining the General Manager’s reasons therefor. If such entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the General Manager or the General Manager’s authorized representative shall have recourse to every remedy provided by law to secure lawful entry and inspect the property.
(b) Notwithstanding the foregoing, if the General Manager or the General Manager’s authorized representative has reasonable cause to believe that the keeping or the maintaining of any animal is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, the General Manager or the General Manager’s authorized representative shall have the right immediately to enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property be occupied, the General Manager or the General Manager’s authorized representative shall first present proper credentials to the occupant and demand entry, explaining their reasons therefor and purpose of the inspection.
(c) No person shall fail or refuse, after proper demand has been made upon that person as provided in Subsection (b) of this section to permit the General Manager or the General Manager’s authorized representative to make any inspection provided for by subsection (b) of this section. Any person violating this subsection shall be guilty of a misdemeanor.
(d) The permittee of any permit issued pursuant to this article, by accepting such permit, does thereby consent and agree to the entry upon the premises described in the permit by the General Manager or the General Manager’s authorized representative for the purpose of conducting such inspections as are required by this article or other applicable law.