§ 8-1. Right of entry and search warrant.
Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the building official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or Code violation which makes such building or premises unsafe, dangerous, hazardous, or harmful to the public health or welfare, the building official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code; provided that if such buildings or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If the owner or occupier of the premises fails to arrange entry or refuses entry, no inspection shall be made without the procurement of a search warrant from a judge or magistrate. The issuing official may consider any of the following factors, together with such other matters it deems pertinent to its decision as to whether a warrant shall issue:
(1)
Eyewitness account of violation;
(2)
Citizen complaints;
(3)
Tenant complaints;
(4)
Plain-view violations;
(5)
Violations apparent from city records;
(6)
Property deterioration;
(7)
Age of property;
(8)
Nature of alleged violation;
(9)
Similar properties in the area;
(10)
Documented violations of similar properties in the area;
(11)
Passage of time since last inspection; and
(12)
Previous violations on the property.
Cause for issuance of a warrant shall be deemed to exist in light of reasonable legislative and administrative standards if it is shown that there is reason to believe that the condition of a particular property violates a city ordinance.
(Ord. No. 464, § 1, 11-6-89)