For purposes of inspections performed pursuant to this article, the following rules shall apply:
(a) When a code official lawfully enters the premises of the property or the structure, dwelling, or building for investigating or inspecting any structure, dwelling, or building, the investigation shall be conducted in a way that minimizes the inconvenience to the owner or person(s) in possession.
(b) Except in exigent circumstances and as may be permitted by law, the code enforcement official shall provide reasonable notice of the inspection to the owner and request permission from the owner to enter the structure, dwelling, or building.
(c) If the owner cannot be located after reasonable inquiry by the code enforcement official, or if the downer refuses entry, the code enforcement official may obtain an administrative search warrant from the municipal court. Before issuance of an administrative search warrant, a code enforcement official shall be required to make a sworn statement and prima facie case showing that the code enforcement official 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.
(d) If the administrative search warrant is granted by the court, and if the owner can be located by a code official, the code enforcement official shall provide the owner a copy of the administrative search warrant five days before entering the structure, dwelling, or building. If there is a tenant or other person in possession of the structure who is not the owner, and if such person(s) can be located, the code enforcement agency shall also provide such person(s) a copy of the administrative search warrant five days before entering the structure, dwelling or building.
(e) Any entry pursuant to this section shall be made for the sole purpose of inspection of the structure, dwelling, or building for unsafe or unsanitary conditions not for the purpose of gathering evidence for use in any criminal charge or proceeding unrelated to the unsafe or unsanitary condition of the structure, dwelling, or building.
(Ord. 465. Passed 6-3-19.)