§ 6.01.040. Inspection of properties.

(a)

Authorized inspector. Neighborhood Services shall have the power and authority to appoint and authorize any police officer, building inspector, code enforcement officer, Department of Engineering employee, Department of Parks and Recreation employee or other officer of the Town to inspect and examine any public or private property in the Town for the purpose of ascertaining the nature and existence of any nuisance.

(b)

Right of entry generally. Whenever it is necessary to make an inspection under this Chapter, or whenever an authorized inspector has reasonable cause to believe that a nuisance exists in any building or upon any premises, the authorized inspector may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed on him or her, provided that:

(1)

If such building or premises is occupied, the authorized inspector shall first present proper credentials and request entry; or

(2)

If such building or premises is unoccupied, the authorized inspector shall first make a reasonable effort to locate the owner or occupant or other person or persons having charge or control of the building or premises, and upon locating the owner, occupant or other person or persons, shall present proper credentials and request entry.

(c)

Refused entry. If entry is refused, or if the owner or occupant cannot be located after a reasonable effort, the authorized inspector shall leave at the building a written notice of intention to inspect not sooner than twenty-four (24) hours after the time specified in the notice. The notice given to the owner or occupant or left on the premises shall state that the property owner has the right to refuse entry and that, in the event such entry is refused, inspection may be made only upon issuance of a search warrant by the Municipal Judge, or by a judge of any other court having jurisdiction.

(d)

Public property. The requirements of this Section shall not apply to public places, including privately owned vacant land, as defined in Section 6.01.020 above, which may be inspected by an authorized inspector at any time without notice.

(e)

Search warrants. After the expiration of the twenty-four-hour period from the giving or leaving of such notice, the authorized inspector may appear before the Municipal Judge and, upon a showing of probable cause by written affidavit, shall obtain a search warrant entitling Neighborhood Services to enter the building or upon the premises. Upon presentation of the search warrant and proper credentials, or possession of the same in the case of an unoccupied building or premises, the authorized inspector may enter into the building or upon the premises using such reasonable force as may be necessary to gain entry.

(f)

Probable cause for issuance of search warrant. For purposes of this Section, a determination of probable cause will be based upon reasonableness. If a valid public interest and reasonable suspicion of violation justify the intrusion contemplated, there is probable cause to issue a search warrant. The person applying for such warrant shall not be required to demonstrate specific knowledge of the condition of the particular structure or premises at issue in order to obtain a search warrant, but must show some factual or practical circumstances that would cause an ordinary prudent person to act. It is unlawful for any owner or occupant of the building or premises to deny entry to any authorized inspector or to resist reasonable force used by an authorized inspector, acting pursuant to this Section.

(g)

Right of entry - emergencies. Whenever an emergency situation exists in relation to the enforcement of any of the provisions of this Chapter, an authorized inspector may enter into any building or upon any premises within the jurisdiction of the Town, after presenting proper credentials.

(1)

In the case of an occupied building or premises, an authorized inspector shall present his or her credentials to the owner or occupant of the building or premises. In the case of an unoccupied building or premises, the authorized inspector must possess the requisite credentials prior to entry.

(2)

In an emergency situation, an authorized inspector may use such reasonable force as is necessary to gain entry into the building or upon the premises.

(3)

An emergency situation includes any situation where there is imminent danger of loss of, or injury or damage to, life, limb or property, or where there is an illicit discharge. It is unlawful for any owner or occupant of a building or premises to deny entry to any authorized inspector or to resist reasonable force used by the authorized inspector in gaining such entry.

(h)

Search warrants - jurisdiction of the Municipal Court. Any Municipal Judge shall have power to issue search warrants upon a showing of probable cause as provided in Subsection (f) above.

(Ord. 1.467 §6, 2015; Ord. 5.68 §1, 2008)