Title V PUBLIC WORKS
Chapter 57 RIGHT OF ENTRY
57.01 Right of entry for inspection.
57.01 Right of entry for inspection.
(A) Whenever any officer or employee of the city is authorized to enter
any building or premises for the purpose of making an inspection to enforce any
ordinance, the officer or employee may enter such building or premises at all
reasonable times to inspect the same; provided, that the officer or employee
shall effect entry in the manner provided in subsection (B) of this section,
except in emergency situations, or when consent of the person having charge or
control of such building or premises has been otherwise obtained.
(B) If the
building or premises to be inspected is occupied, the authorized officer or
employee shall first present proper credentials and demand entry; and if such
building or premises is unoccupied, the officer or employee shall first make a
reasonable effort to locate the owner or other person having charge or control
of the building or premises and demand entry. If consent to such entry is not
given, the authorized officer or employee shall have recourse to every remedy
provided by law to secure entry.
(C) This chapter shall be controlling over
any other ordinance or part of an ordinance on the same subject, whether
heretofore or hereafter adopted, unless such ordinance or part of an ordinance
provides differently by an express reference to this chapter. Notwithstanding
any other ordinance of this city, whether heretofore or hereafter adopted, it
shall not be a violation of this chapter to refuse or fail to consent to an
entry for inspection. Failure to allow inspections after written notice shall
allow the city to render bills on an estimated basis. (Ord. 1474, passed
1-7-03)
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