05/02/89 - Laserfiche WebLink

Home

Mayor Reimann and City Council FROM: Glyn Huff, Building Official DATE: April 19, 1989 SUBJECt. Housing code ordinance report on criteria for entering a dwelling for inspection The Building Official is authorized to enforce all the provisions of the Housing Code. The Building Official has the powers of a law enforcement officer when dealing with provisions of this code. Right Of Entry - Whenever necessary to make an inspection to enforce any of the provisions of the Code, or whenever the Building Official or his representative has a reasonable cause to believe that there exists in any building or upon any premises any code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect. If the building is occupied, the Official must present proper credentials; or if unoccupied, the Official must make reasonable effort to contact the owner and request entry. If entry is refused, or the owner cannot be contacted, the Building Official shall have recourse to every remedy provided by law to secure entry. This means a warrant signed by a judge if the problem continues to exist. The key words in Item #2 are "whenever necessary" or "reasonable cause". My interpretation of this is "right of entry" and how it is carried out is: When a complaint comes in from a concerned citizen of the City or another party who has a concerned interest for any reason in a property, it is the Building Official's duty to carry out an investigation. If the complaint has merit, then the Building Official pursues the steps necessary to resolve the complaint. The important first step in the process of "right of entry" is that the Building Official must "consider the source" of the complaint and after determining legitimacy, the Official requests entry. In some cases, it may be advised that the Building Official consult with the City Administrator, City Attorney, or City Council before carrying out "right of entry".