(a) Upon presentation of proper credentials, a duly authorized representative of the City Department of Public Works, Code Enforcement Agency, or Fire Department may enter at reasonable times any building, structure, or premises in the City to inspect said building, structure or premises and to perform any other duty imposed by the State Building Code.
(b) Said right of entry shall extend to any building, structure or premises for which a permit has been issued but for which a Certificate of Occupancy has not been received, in which there is reasonable cause to believe that work is being performed for which a permit would be required, to inspect corrective action taken by the Code Enforcement Agency, or whenever said agent or representative has reasonable cause to believe that a building, structure or premises is unsafe, unsanitary, dangerous or detrimental to the public welfare.
(c) When any representative of the City enters the premises of the property for investigating or inspecting the structure, dwelling or building, the investigation shall be performed to minimize the inconvenience to the owner or persons in possession and shall be consistent with the following:
(1) Except in exigent circumstances and as permitted by law, any representative of the City shall provide reasonable advance notice and request permission from the owner to enter the property.
(2) If the owner cannot be located after the reasonable inquiry, or if the owner refuses entry, the City representative may obtain an administrative search warrant from either the Municipal Court of the City of Parkersburg or the Magistrate Court of Wood County. Before obtaining an administrative search warrant, the City representative is required to make a sworn statement and prima facie case showing that access to the structure, dwelling or building was unable to be obtained after reasonable and good faith efforts, and that there is a legitimate basis under this article that supports the requested entry.
(3) If granted by the Court, and the owner can be located, the City shall provide the owner a copy of the administrative search warrant five days before entering the property. If applicable, the City shall provide the same notice to any tenant or other person upon the property;
(4) Entry is for the sole purpose of inspection of the structure, dwelling or building and not for the purpose of criminal prosecution or gathering evidence for use in any criminal charge or proceeding unrelated to the purpose of said inspection. (Ord. 0-1692. Passed 9-14-21.)