(A) The building inspector or his or her agent or agents shall inspect and examine any dwelling or building within the town which, upon complaint of any federal, state or municipal official or employee, or upon complaint of any resident or citizen of the municipality, is alleged to constitute an unsafe building or structure as herein defined; provided, that any entrance upon premises for the purpose of making such inspection or examination shall be made in such a manner as to cause the least possible inconvenience to the persons in possession.
(B) Any inspections conducted pursuant to this chapter shall be consistent with the following:
(1) Except in exigent circumstances and as permitted by law, the building inspector shall provide reasonable advance notice to the owner and request permission from the owner to enter the property;
(2) If the owner cannot be located after reasonable inquiry by the building inspector as required by this section, or if the owner refuses entry, the building inspector may obtain an administrative search warrant from either the municipal court or the magistrate court located in the jurisdiction of the municipality or county where the structure, dwelling or building is located. Before obtaining an administrative search warrant, the building inspector is required to make a sworn statement and prima facie case showing that the building inspector was unable to gain access to the structure, dwelling or building after reasonable and good faith efforts, and that there is a legitimate and substantial safety concern involving the structure, dwelling, or building that supports the requested entry;
(3) If granted by the court, and if the owner can be located, the building inspector shall provide the owner a copy of the administrative search warrant five days before entering the property. If applicable, the building inspector shall also provide the same notice to any tenant or other person in possession of the structure, dwelling or building; and
(4) Entry is for the sole purpose of inspection of the structure, dwelling or building for unsafe or unsanitary conditions and not for the purpose of criminal prosecution or gathering evidence for use in any criminal charge or proceeding unrelated to the unsafe or unsanitary condition of the structure, dwelling or building.
(Prior Code, § 4-703) (Ord. passed 8-3-2020)