(a) The Building Official is authorized to make or cause to be made inspections of all premises or parts thereof to determine whether there is a violation of any provision of this Code.
(b) Upon presentation of proper credentials showing that he is a City representative, and the purpose of the inspection, and of a warrant to search or other legal process, the Building Official shall have the right, and is hereby empowered and directed, to enter, examine and survey between 9:00 a.m. and 8:00 p.m. Monday through Saturday, or at such other hours and on a Sunday as may be necessary in case of a real and present emergency requiring prompt entry and examination, any premises specified in the warrant or legal process, to perform any duty imposed upon him by this Code; provided, however, that no warrant or other legal process shall be necessary in the case of a real and present emergency requiring prompt entry and examination, or of entry and examination at the invitation or with the consent of the owner, operator or occupant, or into and of a common area or area open to the public.
(c) "A real and present emergency requiring prompt entry and examination" means, as determined by the Building Official, the existence of a sudden or unexpected occurrence or condition or combination thereof which urgently demands immediate action to prevent injury or damage to the health, safety or property of the occupants or of the public.
(d) Judges of the City Municipal Court, any other magistrate or any other judicial officer may, within their respective jurisdictions, issue warrants to search or other legal process authorizing entry into and inspection of any premises upon the filing of an affidavit identifying the premises or part thereof to be entered and examined and alleging particular facts showing that:
(1) A person has complained that a provision of this Code is being violated therein, and particularly stating the grounds of such violation, or that, based upon specific knowledge of the condition of a particular premises or part thereof, the affiant has reasonable grounds to believe that a provision of this Code is being violated; or
(2) The inspection is part of a regular neighborhood area-wide inspection program, and is justified with respect to the premises because of:
A. The passage of five (5) years since the last inspection of the premises; or
B. The blighted or deteriorated or blighting or deteriorating condition of the premises and/or the neighborhood area;
provided that such justification need not depend upon specific knowledge of the condition of a particular premises or part thereof.
(Ord. 8-69. Passed 2-24-69.)