§ 31-4. Scope of authority to enter and inspect property.  


Latest version.
  • (a)

    When it is necessary to make an inspection to enforce the provisions of this code, or when the town manager, or any code enforcement officer or peace officer has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this Code which makes the building or premises unsafe, dangerous or hazardous, the town manager, or any code enforcement officer or peace officer may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this Code, provided, that if such building or premises be occupied, that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the town manager, or any code enforcement officer or peace officer shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry.

    (b)

    If entry is refused, the town manager, or any code enforcement officer or peace officer shall have recourse to secure entry by whatever judicial and administrative remedies are available under this Code and applicable state laws, such as but not limited to an administrative inspection warrant pursuant to the procedures set forth in California Civil Procedure, section 1822.50 et seq., as it may be amended from time to time.

    (c)

    Any person who wilfully refuses to permit an inspection lawfully authorized by warrant issued pursuant to California Civil Procedure, section 1822.50 et seq., is guilty of a misdemeanor pursuant to California Civil Procedure, section 1822.57.

(Ord. No. 439 N.S., § 9 (part))