Chapter 1.20
RIGHT OF ENTRY1
Sections:
1.20.030 Conflict with other ordinances.
1.20.010 Authorized.
(1) Prior to entering the building or property, the city officer, official or employee shall comply with BMC 1.20.020, except in the case of an emergency or when consent to the entry has been obtained otherwise.
(2) Any officer, official or employee of the city is authorized to enter any building or property:
(a) To inspect, observe, measure, sample, test or investigate the building or property in connection with the review of a permit or license application;
(b) To inspect, observe, measure, sample, test or investigate any condition relating to, or to operate, maintain, or repair any city utility or facility;
(c) To inspect reported conditions;
(d) To perform periodic inspections required by any provision of this code;
(e) To assess compliance with any permit, license or approval;
(f) To make an inspection or to otherwise enforce any provision of this code or any ordinance of the city;
(g) To meet the scheduled requirements of recorded agreements, such as an open space management plan;
(h) When cause exists to believe that a violation of this code or any city ordinance was or is being committed; or
(i) For any other reason required by this code or any city ordinance. (Ord. 05-05 § 1, 2005).
1.20.020 Manner of entry.
Any officer, official or employee of the city may enter any building or property during regular city business hours and at other reasonable times in accordance with this chapter for purposes stated in BMC 1.20.010.
(1) If the building or property to be inspected is occupied, the officer, official or employee shall present city credentials including photo identification to the owner or person responsible for the building or property, state the reason for the inspection, and request entry.
(2) If the building or property to be inspected is unoccupied, the official, officer or employee shall make a reasonable effort to locate the owner or other person having charge or control of the building or property and request entry.
(3) Consent to enter buildings or property may be obtained by any means, including but not limited to written, facsimile, telephonic, or in-person consent. In addition, a property owner’s application for any permit, license or approval with respect to an activity in or on a building or property shall be deemed to be consent for city officers, officials and employees to enter the building or property to perform any inspections, measurements, sampling, or other action required to review and process the application; provided, that if the city intends to enter a structure or building, the city shall first contact the owner or occupant and arrange a mutually convenient time for the entry. The owner’s or occupant’s failure to consent to entry or to arrange a mutually convenient time for entry shall be grounds for the city to deny the application for the permit, license or approval.
(4) If entry is refused or if an official officer or employee is unable to obtain consent, the city shall have recourse to every remedy provided by law to secure entry, including but not limited to application to any court of competent jurisdiction for an administrative search warrant or other remedy.
(5) Nothing in this chapter requires a city officer, official or employee to obtain the property owner’s consent (a) to an inspection that is conducted while the officer, official or employee remains on adjacent public property, such as a public right-of-way, or on other adjacent property for which consent to entry has been obtained, or (b) to enter property in which the city has a written easement for purposes authorized in the easement instrument.
(6) Notwithstanding the provisions above, whenever it appears to the city that conditions exist requiring immediate inspection or other action to protect the public health, safety or welfare, or to preserve property, a city officer, official or employee is authorized to enter in or upon any building or property, public or private, without first obtaining the owner’s consent, or when any other circumstance exists making such entry lawful under the common law. (Ord. 05-05 § 1, 2005).
1.20.030 Conflict with other ordinances.
This chapter shall control over the provisions of any other ordinance on the same subject, unless such ordinance provides differently by an express reference to this chapter. Notwithstanding any other ordinance of the city, whether heretofore or hereafter adopted, it is not a violation of this chapter to refuse or fail to consent to an entry for inspection for which a warrant is required to be obtained. (Ord. 05-05 § 1, 2005).
Prior legislation: Ord. 795.