(A) Whenever necessary to make an inspection to enforce or to determine compliance with any provision of this Article or of any building, electrical, fire, housing, plumbing, or other health and safety provision of the Revised Code of Ordinances or of any Code adopted thereby, or whenever the Building Official, any Building Code Inspector, or other designated Inspector has reasonable cause to believe there exists in or upon any building, structure, or premises a condition or violation which makes such building, structure, premises, or any part thereof (which are also collectively referred to herein as “premises”) a nuisance, unsafe, dangerous, or hazardous, the Building Official or Inspector shall have the right, as hereinafter defined, to enter any such building, structure, premises, or any part thereof at all reasonable times to inspect the same and to perform any duty imposed upon said Building Official or Inspector. However, except as hereinafter stated or as otherwise permitted by law, if such building, structure, or premises is occupied by a person with apparent authority to allow entry, the Official or Inspector shall first identify himself and request entry, and upon request present proper credentials; or if such building, structure, or premises is not occupied by a person with apparent authority to allow entry, the Official or Inspector shall first make a reasonable effort to locate an owner, occupant, or other such person having apparent authority to allow entry of such building, structure, or premises and shall request entry. If entry is refused or if no owner, occupant, or such other person with apparent authority can be found, the Building Official or Inspector shall have recourse to every remedy as provided by law to secure entry. A PERSON WITH APPARENT AUTHORITY means a person who reasonably appears to be 18 years or older and who reasonably appears to be either the owner or any other person to whom the owner has granted care, possession, custody, or control over the property, such as (but not limited to) a lessee, manager, caretaker, or lawful occupant.
(B) In the event any person shall fail to give consent or shall interfere with the right of entry of any Building Official or Inspector, the City may apply for an Administrative Inspection Warrant. An application for an Administrative Inspection Warrant shall be based upon a reasonable belief by an Inspector that an inspection is required to enforce a health, safety, or public welfare Ordinance, Code, or Regulation:
(1) said inspection may be justified as to a specific building, structure, or premises on the belief that there is located within or upon the particular building, structure, or premises to be inspected one or more violations of statutes, ordinances, codes, or regulations that the Inspector is authorized to enforce, or
(2) said inspection may be justified as part of a general inspection program authorized by the Revised Code of Ordinances, such as fire, building, or housing inspections to enforce or to determine compliance.
(C) An application for an Administrative Inspection Warrant shall identify the office and authority of the Inspector designated to make the inspection, shall identify the premises to be inspected, shall set forth the purpose and justification of the inspection, and shall state that the owner or other person with apparent authority to allow entry of the place to be searched has refused entrance after request for entry was made or shall state that the consent of an owner or other person with apparent authority of the area to be searched cannot reasonably be obtained or that consent is not required by law. The application for an Administrative Inspection Warrant shall also identify the applicable health, safety, or public welfare Ordinance, Code, or Regulation subject of the inspection or enforcement. An application for an Administrative Inspection Warrant shall be under oath. The application for Administrative Inspection Warrant shall be submitted to a Judge of the Second Judicial Circuit, but need not be filed with the Clerk of said Court until a warrant has been executed or has been returned “non-executed.” Notice of the submission of an Application for Administrative Inspection Warrant is not required to be given to any person. The Judge shall issue the Warrant if the requirements of this Section have been met, including specifically that the justification as required by law has been found. An Administrative Inspection Warrant shall constitute authority to inspect, which authority to inspect shall include the authority to use any reasonable force necessary to enter upon the premises and shall include the authority to photograph the premises subject of the Warrant. The Inspector shall also have the authority to remove any item that presents an immediate and obvious threat to health or safety if such removal (i.e. abatement action) is otherwise permitted by law.
(D) Upon issuance of an Administrative Inspection Warrant, said warrant shall state the date and time of issuance, the justification and purpose of the inspection, the date or dates on which the inspection may occur, the identification of the premises to be inspected, and shall bear the signature of the Judge of the Second Judicial Circuit issuing the warrant. Upon presentation of an Administrative Inspection Warrant to any owner or occupant or other person with apparent authority of a structure or premises authorized to be inspected pursuant to said Administrative Inspection Warrant, said owner or occupant or other person with apparent authority shall permit immediate entry into said structure or onto said premises. In the event no owner or occupant or other person with apparent authority is present upon the premises to be inspected at the time of execution of the Warrant, the Inspector may enter upon the premises, and no person shall interfere with the inspection, and the premises may be inspected and a copy of the Warrant shall be left upon the premises in a conspicuous place and thereafter a copy of the Warrant shall, within a reasonable time as determined by the circumstances, be served personally or be served by regular mail to the last known address of the owner or other person with apparent authority and to the known adult occupants of the premises, unless same shall be excused by the Court.
(E) A police officer may be requested to assist in the execution of the Administrative Inspection Warrant; such police officer shall assist the Inspector authorized to execute the Warrant, which assistance may include using any reasonable force necessary to enter upon the premises or enter within any building or structure or necessary to protect the Inspector from harm or threat of harm.
(F) Not later than ten days after execution of an Inspection Warrant, the Inspector or his designee shall file a Return with the Clerk of the Court setting forth the date and time of the inspection and the Inspector or his designee shall (unless excused by the Court) serve the Return upon the owner or other person with apparent authority and upon the known adult occupants of the premises subject of the inspection by personal service or by regular mail to the last known address. If any item is seized or removed from any premises, the Return shall identify the item seized or removed, shall state the reason for the removal and shall include a photograph of the item seized or removed.
(G) No Administrative Inspection Warrant shall be required to enter upon and inspect areas of any premises, structure, or building as follows:
(1) Areas of commercial space (i.e. non-residential) where the public is invited into.
(2) Areas where the owner, occupant, or possessor has no reasonable expectation of privacy within the area and as to the items to be inspected.
(3) Areas of a business subject to extensive regulation (e.g. alcohol, weapons) where the inspection will impose only a minimal threat to justifiable expectations of privacy and the inspection is a necessary part of a regulatory scheme designed to further an urgent governmental interest.
(4) Areas for which an emergency situation reasonably appears present requiring immediate entry to determine, prevent, or address an immediate threat to health or safety.
(5) Areas that are not occupied and that are open (unsecured and accessible) requiring entry to determine if any immediately hazardous condition exists.
(6) Areas for which consent to inspect has been given by a person who appears to have apparent authority to consent.
(H) Inspections without a Warrant shall be limited as to time, place, and scope as determined by the justification for the inspection without a Warrant.
(Prior Code, Art. 5, § 5.8)