As part of the duties to administer and enforce the provisions of this chapter and Chapter 50 of this Code of Ordinances, the designated enforcement officer may make inspections to determine the conditions of dwellings, dwelling units, structures and premises located within the City for the purpose of safeguarding the health, safety, and welfare of the occupants of dwellings and of the general public. Inspections include but are not limited to: taking photographs and/or measurements; collecting samples; or conducting testing. The inspector may be assisted by one or more persons with specialized education, training or expertise.
1. Authority to Enter for Inspection. The enforcement officer is authorized to conduct an inspection of any dwelling, dwelling unit, structure or premises to determine whether there is or may be one or more violations of this chapter or of any of the provisions of Chapters 50-53 under any of the following conditions:
A. At the request of the owner, tenant, or other person in lawful possession.
B. With the consent of the owner.
C. Upon issuance of a warrant issued by a magistrate or judge.
2. Procedures for Entry. The enforcement officer shall contact the owner or other person having charge or control of the premises, and request entry for the purposes of inspecting the premises and investigating the complaint. The enforcement officer shall produce official City identification and shall explain the nature of the complaint and reason why permission to enter is requested. If immediate entry is refused, the enforcement officer may request permission to inspect the premises at a later time suitable to the owner or occupant, or, may apply for a warrant. The enforcement officer shall explain that the owner or occupant may, without penalty, refuse entry without a search warrant, and, that if entry is denied, the enforcement officer can apply to a magistrate for a search warrant. If consent to enter and inspect is withheld by any person having a lawful right to exclude, the enforcement officer may apply to a magistrate or judge of the Iowa district court for a search warrant. The enforcement officer shall execute the warrant and shall return the warrant to the magistrate or judge with the inventory.