(A) The town shall enforce the provisions of this chapter and is authorized and directed to make inspection pursuant to one or more of the plans for inspection authorized by § 151.111(A)(1) of this subchapter, or in response to a complaint if the town finds that reasonable cause exists to believe that a violation of this chapter or any rules and regulations pursuant thereto has been or is being committed.
(B) The town is authorized to enter and inspect, between the hours of 8:00 a.m. and 5:00 p.m., all dwellings, dwelling units, and rooming houses, rooming units, dormitories, and dormitory rooms subject to the provisions of this chapter for the purpose of determining whether there is compliance with its provisions.
(C) The town is authorized to inspect the premises surrounding dwellings, dwelling units, rooming houses, rooming units, dormitories, and dormitory rooms subject to this chapter, for the purpose of determining whether there is compliance with its provisions.
(D) The town and the owner, occupant, or other person in charge of a dwelling, dwelling unit, rooming unit, rooming house, or dormitory room subject to this chapter may agree to an inspection by appointment at a time other than the hours provided in division (B) above.
(E) Not less than five days prior to an inspection, the town shall notify the owner, occupant, or other person in charge of a dwelling, dwelling unit, rooming unit, rooming house, or dormitory room of the date and time the town will inspect the dwelling, dwelling unit, rooming unit, rooming house, or dormitory room and of the specific areas and facilities to be inspected.
(F) The owner, occupant, or other person in charge of a dwelling, dwelling unit, rooming unit, rooming house, or dormitory room upon presentation of proper identification by the town, a copy of any relevant plan of inspection pursuant to which entry is sought, and a schedule of the specific areas and facilities to be inspected, shall give the town entry and free access to every part of the dwelling, dwelling unit, rooming unit, or dormitory room, or to the premises surrounding any of these.
(G) The town shall keep confidential all evidence, exclusive of the inspection record, which it may discover or obtain in the course of an inspection made pursuant to this section, and this evidence shall be considered privileged.
(H) (1) If any owner, occupant, or other person in charge of a dwelling, dwelling unit, or rooming unit, or of a multiple dwelling or a rooming house subject to licensing under § 151.110 of this subchapter, fails or refuses to permit free access and entry to the structure or premises under his or her control, or any part thereof, with respect to which an inspection authorized by this chapter is sought to be made, the town may, upon a showing that probable cause exists for the inspection requirements of this section with respect to the dwelling, dwelling unit, rooming unit, multiple dwelling, or rooming house, petition and obtain the order from a court of competent jurisdiction.
(2) When required, the town shall obtain the necessary order from the court to conduct the inspection.
(1995 Code, § 151.092)