The Building Safety Commission shall have the right and authority through its members or duly authorized agents, to enter upon any premises and to enter any dwelling or building for the purpose of making an inspection and examination deemed necessary by it in order for such Commission to determine whether such dwelling or building is unfit for human habitation, unsafe, unsanitary, dangerous or detrimental to the public safety or welfare. For the purposes of this Ordinance, the Building and Safety Inspector of the City of Saint Marys, or such other person designated in accordance with Section 1705.05, or such other person specifically designated by the Commission as its representative, shall be deemed to be the "Code Enforcement Agency Official" as defined by West Virginia Code 8-12-16(a)(2).
(a) When a Code Enforcement Agency Official enters the premises of the property for investigating or inspecting any 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, the Commission or Code Enforcement Agency Official shall provide reasonable advance notice to the owner and request permission from the owner to enter the property.
(2) If the owner cannot be located after reasonable inquiry by the Code Enforcement Agency or the Commission as required by this section, or if the owner refuses entry, the Commission may obtain an administrative search warrant from either the Municipal Court of the City of Saint Marys or the Magistrate Court of Pleasants County, West Virginia. 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 Commission 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.
(3) If granted by the Court, and if the owner can be located, the Commission shall provide the owner a copy of the administrative search warrant five days before entering the property. If applicable, the Commission shall also provide the same notice to any tenant or other person in possession of the structure, dwelling or building.
(4) 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 or unsanitary condition of the structure, dwelling or building.
(Ord. 2019-04. Passed 4-16-19.)