(A) The Utility, by any authorized employee or agent, shall have the right to enter and be admitted to any lands and property in the city between 7:00 a.m. and 6:00 p.m. for the purpose of inspection of materials, plumbing work and fixtures of all kinds used by or connected to the water system.
(B) If the owner, tenant, or other person in control of a premises objects to the inspection of or entrance to the property, the Director, an officer of the law, or any employee or official charged with the duty of enforcing the provisions of this code may, upon showing that probable cause exists for the issuance of a valid search warrant from a court of competent jurisdiction, petition and obtain a search warrant before conducting the inspection or otherwise entering the property. This warrant shall be only to determine whether the provisions of this code enacted to protect the health, safety, and welfare of the people are being complied with and to enforce these provisions only and no criminal charges shall be made as a result of the warrant. No warrant shall be issued unless there is probable cause to issue the warrant. Probable cause occurs if the search is reasonable. Probable cause does not depend on specific knowledge of the condition of a particular property.
(C) Every owner, tenant or other person in control of property within the city shall permit at reasonable times inspections of or entrance to the property by the Director or any other authorized Utility officer or employee only to determine whether the provisions of this code enacted to protect the health, safety and welfare of the people are being complied with and to enforce these provisions. Unreasonable refusal to permit the inspection of or entrance to the property shall be grounds for termination of any and all permits, licenses, or service to the property. Written notice shall be given to the owner, tenant or other person in control of the property, stating the grounds for the termination, and the owner, tenant or other person in control of the property shall be given an opportunity to appear before the General Manager to object to the termination before it occurs, subject to appeal of the General Manager’s decision to the Commission at a regularly scheduled or special meeting.
(D) Nothing in this section shall be construed to limit the authority of the Utility to enter private property in urgent emergency situations where there is an imminent danger in order to protect the public health, safety and welfare.
(Ord. 397, passed 9-7-2010)