§ 30-110. Inspection and right of entry.

(a)

Authorized inspector . The city manager shall have the power and authority to appoint and authorize any police officer, building inspector, zoning or code enforcement officer or the officer of the city to inspect and examine any public or private property in the city for the purpose of ascertaining the nature and existence of any nuisance.

(b)

Right of entry generally . Whenever necessary to make an inspection to enforce any of the provisions of this article, or whenever an authorized inspector has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a nuisance hereunder, such inspector may enter such building or premises at all reasonable times to inspect the same or to perform any lawful duty. If such building or premises is unoccupied, the inspector shall first make reasonable effort to locate the owner or occupant or other person or persons having charge or control of the building or premises. Upon locating the owner or occupants, the inspector shall present proper credentials and request entry. If entry is refused, the inspector shall give the owner or occupant, or, if the owner or occupant cannot be located after a reasonable effort, leave at the building or premises a written notice of intention to inspect not sooner than 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 or occupant 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.

(c)

Search warrants . After the expiration of the 24-hour period from the giving or leaving of such notice, the authorized inspector may appear before the municipal court and, upon showing of probable cause by written affidavit, shall obtain a search warrant entitling the inspector 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.

(d)

Probable cause. 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 objective facts, or circumstances, which are reasonably trustworthy, 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.

(e)

Emergencies .

(1)

Whenever an emergency situation exists in relation to the enforcement of any of the provisions of this article, an authorized inspector, upon a presentation of proper credentials or identification in the case of an occupied building or premises, may enter into any building or upon any premises.

(2)

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

(3)

For purposes of this subsection, the term "emergency situation" includes any situation where there is imminent danger of loss of, or injury or damage to life, limb or property.

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 the authorized official acting pursuant to this subsection.

(f)

Search warrants issued upon showing of probable cause . The municipal judge shall have power to issue search warrants upon a showing of probable cause as set forth in this section.

(Code 1985, § 6-13-8; Ord. No. 09-03, § 12, 8-4-2009)