(A) General enforcement authority. Whenever the enforcement official finds that a violation of this code or applicable state codes has occurred or continues to exist, the appropriate administrative enforcement procedure may be used as outlined in this chapter. The enforcement official, or any designee, has the authority and power necessary to gain compliance with the provisions of this code and applicable state codes. These powers include the power to issue notices of violation and administrative citations, inspect public and private property, abate public and private property, and use whatever judicial and administrative remedies are available under this code or applicable state codes.
(B) Adoption of policy and procedures. The Administrative Hearing Officer is authorized to develop policies and procedures relating to the hearing procedures, scope of hearings, subpoena powers and other matters relating to the alternative hearing and enforcement program.
(C) Authority to inspect. The ordinance enforcement official (herein sometimes referred to as the “administrator” or “ordinance enforcement administrator”), or any designated enforcement official, is authorized to enter upon any property or premises to ascertain whether the provisions of this code or applicable state codes are being obeyed, and to make any examinations and surveys as may be necessary in the performance of the enforcement duties. This may include the taking of photographs, samples or other physical evidence. All inspections, entries, examinations and surveys shall be done in a reasonable manner based upon cause. If the responsible person refuses to allow the enforcement official to enter the property, the enforcement official shall obtain a search warrant.
(D) Power to arrest. The ordinance enforcement administrator, or any designated enforcement official, is authorized to arrest, without a warrant, any person whenever there is reasonable cause to believe that the person has committed a violation of this code or applicable state codes in the enforcement official’s presence. The administrator or enforcement official can arrest a person only by issuing a misdemeanor citation or administrative citation.
(E) False information or refusal prohibited. It shall be unlawful for any person to willfully make a false statement or refuse to give his or her name or address with intent to deceive or interfere with a city employee when in the performance of his or her official duties under the provisions of this code. A violation of this division (E) is a class B misdemeanor.
(F) Failure to obey subpoena. It is unlawful for any person to refuse or fail to obey a subpoena issued for an administrative code enforcement hearing. Failure to obey a subpoena constitutes contempt and may be prosecuted as a class B misdemeanor.
(Prior Code, § 1-4A-1-13)