§ 90.46  RIGHT TO ENTER PRIVATE PREMISES; DUTY OF OCCUPANTS.
   When a city code enforcement official enters the premises of the property for investigating or inspecting any structure, dwelling, or building, the investigation shall be performed to minimize the convenience to the owner or persons in possession and shall be consistent with the following:
   (A)   Except in exigent circumstances and as permitted by law, the enforcement agency shall provide reasonable advance notice to the owner and request permissions the owner to enter the property;
   (B)   If the owner cannot be located after reasonable inquiry by the code enforcement agency as required by this subchapter, or if the owner refuses entry, the code enforcement agency may obtain an administrative search warrant from either the municipal court or the magistrate court located in the jurisdiction of the municipality or county where the structure, dwelling, or building is located. Before obtaining an administrative search warrant, a code enforcement agency official is required to make a sworn statement and prima facie case showing that the code enforcement agency was unable to gain access to the structure, dwelling, or building after reasonable and good faith efforts, and that there is a  legitimate and substantial safety concern involving the structure, dwelling, or building that supports the requested entry;
   (C)   If granted by the court, and if the owner can be located, the code enforcement agency shall provide the owner a copy of the administrative search warrant five days before entering the property. If applicable, the code enforcement agency shall also provide the same notice to any tenant or other person in possession of the structure, dwelling, or building; and
   (D)   Entry is for the sole purpose of inspection of the structure, dwelling, or building for unsafe or unsanitary conditions and not for the purpose of criminal prosecution or gathering evidence for use in any criminal charge or proceeding unrelated to the unsafe and unsanitary condition of the structure, dwelling, or building.