AN ORDINANCE
BY:
NO.

TO AMEND EXISTING SECTION 17-104.4, RIGHT OF ENTRY, OF THE OAKWOOD PROPERTY MAINTENANCE CODE BY ADDING PROCEDURES FOR THE ISSUANCE OF AN ADMINISTRATIVE SEARCH WARRANT.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OAKWOOD, STATE OF OHIO, THAT:

SECTION I.

Section 17-104.4, Right of Entry, of the Oakwood Property Maintenance Code, is hereby amended to read as follows, with new text in bold font and deleted text in strikethrough font:

17-104.4 RIGHT OF ENTRY.

The following sentence is added at the end of this sectionInternational Code Section 104.4 is hereby modified and expanded. Paragraph A includes all of International Code 104.4. In addition, the following material shall be added to and at the end of paragraph A:

A. The code official shall be deemed to be an agent of the owner or operator to the extent the owner or operator has agreed to allow the code official access to the structure or premises.

Paragraph B is hereby added to Section 104.4, as follows:

B. In addition to any other remedy provided by law, if the owner, occupant, or agent thereof does not consent to the proposed inspection, the code official may appear before any judge in a court of competent jurisdiction and seek an administrative search warrant to allow an inspection. Any such application shall be made within ten (10) calendar days after the nonconsent. The application for the warrant shall specify the basis upon which the warrant is being sought and shall include a statement that the inspection will be limited to a determination whether there are violations of the code provisions identified in this section, or any other zoning, housing, or building code under the jurisdiction of the code official.

The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall be issued:

  • 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.Condition of similar properties in the area;
  • 10.Documented violations on similar properties in the area;
  • 11.Passage of time since last inspection;
  • 12.Previous violations on the property.

If a warrant is issued, no owner, occupant, or agent thereof shall fail or neglect, upon presentation of a warrant, to properly permit entry therein by the code official or his/her duly authorized designee for the purpose of inspection and examination pursuant to this section and consistent with the terms of the warrant. If the court declines to issue a warrant, or if no warrant is sought, the inspection may still take place but the scope thereof shall be limited to such areas as are in plain view. No criminal penalty shall attach, nor shall any certificate of occupancy be denied, solely by reason of the owner’s, occupant’s, or agent’s refusal to consent to an inspection.