In order that they may perform their duties to safeguard the health, safety, and welfare of the occupants of dwellings and of the general public, the Public Safety Director, Chief Building Official, Chief of Police and/or Fire Official, or their reports and/or subcontractors are hereby authorized to make or cause to be made such inspections of dwellings or dwelling units as are necessary to enforce the provisions of this code. The inspections that are authorized for the purpose of enforcement of the provisions of this code shall be made at a reasonable time and according to the provisions set forth herein. The word "dwelling" as used in this paragraph shall include, but not be limited to, those categories of structures defined herein.
The Director of Public Safety, Chief Building Official, Building Inspectors, Housing Inspectors, Chief of Police and Fire Officials or their designees, employees or subcontractors shall inspect buildings and structures regulated by this code. Inspections may be conducted even though a current certificate of compliance is on record with the Service and Public Safety Departments, specifically the Build, Zoning, and Code Division.
An inspection shall be conducted in the manner best calculated to secure compliance with this code and appropriate to the needs of the community. In developing inspection schedules consideration may be given to deferring inspections for newly constructed residential dwellings or residential dwellings which have been completely renovated. In the event an inspection reveals that installation of plumbing, heating, electrical, appliance, or other item or material for which no permit was obtained, if the owner can substantiate that the installation took place before that owner acquired the subject property, the owner shall not be subject to criminal prosecution or penalty but shall be required to obtain the appropriate permit and have an inspection of the installation and pay the appropriate building permit and inspection fees.
In an emergency situation, the Director of Public Safety, Chief Building Official, Chief of Police and Fire Official or their designee, employees and/or subcontractors have the right to enter at any time. For purposes of this code, an emergency shall exist when the Director of Public Safety, Chief Building Official, Chief of Police or Fire Official has reasonable grounds to believe that a condition hazardous to health or safety exists on the premises and requires immediate attention.
In a non-emergency situation where the owner or occupant of any dwelling refuses entry to a unit or dwelling, the Director of Public Safety, Chief Building Official, Chief of Police, or Fire Official or their designee or employee shall obtain a warrant from an administrative hearing officer or a court of competent jurisdiction according to applicable law. In a non-emergency situation, the property owner and/or occupant shall be afforded the opportunity for pre-compliance review as to the need for a warrant for an inspection before a neutral decision maker according to law. (Ord. 002-2023. Passed 1-3-23.)