[A] 105.2 Inspections.

The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report on unusual technical issues that arise, subject to the approval of the City Manager.

[A] 105.3 Right of entry.

Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry.

Furthermore:

A.

To the extent the owner or occupant has agreed to allow the code official access to the structure or premises, the code official shall be deemed to be an agent of the owner or occupant.

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. 1.  Eyewitness account of violation;
  2. 2.  Citizen complaints;
  3. 3.  Tenant complaints;
  4. 4.  Plain view violations;
  5. 5.  Violations apparent from city records;
  6. 6.  Property deterioration;
  7. 7.  Age of property;
  8. 8.  Nature of alleged violation;
  9. 9.  Condition of similar properties in the area;
  10. 10. Documented violations on similar properties in the area;
  11. 11. Passage of time since last inspection;
  12. 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,

2021 International Property Maintenance Code 5