§ 10-320. Authority to enter property; warrants; emergencies.

(a)

For purposes related to the enforcement of this article, the building standards official may enter:

(1)

Vacant property, provided that

a.

The building standards official does not alter or damage the property; and

b.

No owner of the property has denied the building standards official permission to enter the property; and

(2)

Occupied property, but only with written or verbal permission from an owner, manager, or other person who reasonably appears to be in control of the property, unless otherwise provided by this article.

(b)

If the building standards official is denied permission to enter a property, entry shall be made only under authority of a warrant issued by a magistrate.

(1)

In applying for a warrant, the building standards official shall submit to the magistrate an affidavit, which may be based on information supplied by others, describing with reasonable specificity the property into which entry is sought, stating facts giving rise to the building standards official's reasonable belief that the property is in violation of this article, and, to the extent known by the building standards official after reasonable inquiry, the name and contact information of the owner, manager, or other person in control of the property.

(2)

If the magistrate finds that probable cause exists for entry into the property by the building standards official, the magistrate shall issue a warrant authorizing the entry. The warrant shall constitute authority for the building standards official to enter and to inspect the property, to gather evidence by any reasonable means, including photography and videography, and to procure samples and specimens as reasonably necessary to determine the existence and extent of a violation of this article. It is unlawful for a person to interfere or to refuse compliance with a warrant issued pursuant to this section.

(c)

Notwithstanding anything to the contrary in this section, if the building standards official reasonably believes that a serious and immediate hazard exists on a property, the building standards official may enter the property at any time. In such circumstances the building standards official:

(1)

May be accompanied by other city employees, including officers of the police department;

(2)

Shall make every reasonable effort to present proper identification to the owner, manager, or other persons who appear to have a right to occupy or to control the property;

(3)

Shall remain on the property only for such time as is reasonably necessary to conduct inspections and to gather evidence required to determine whether a serious and immediate hazard exists on the property; and

(4)

As soon as reasonably possible, shall memorialize the circumstances of his entry into the property. The memorialization may be typed, handwritten, or in electronic form and shall be preserved in the records of the building standards official.

After expiration of the time prescribed in subsection (c)(3) of this section, the building standards official may enter a property only under the authority of subsections (a) or (b) of this section.

(Ord. No. 2011-108, § 4, 2-9-2011)