§ 1-16. Inspections and right of entry  


Latest version.
  • (a) All records, buildings and premises subject to inspection under this Code shall be inspected from time to time by the designated officer of the city or his designee.

    (b) All records, rooms and areas of a building or premises shall be available and accessible for inspection, which shall be made during usual business hours if the premises are used for nonresidential purposes; provided, however, that inspections may be made at other times if:

    (1) The premises are not available during the usual business hours for inspection;

    (2) There is reason to believe that violations are occurring on the premises which can only be apprehended and proved by inspection during other than the prescribed hours; or

    (3) There is reason to believe a violation exists of a character which is an immediate threat to health or safety requiring inspection and abatement without delay.

    (c) Emergency inspections may be authorized without warrant if the designated officer has reason to believe that a condition exists which poses an immediate threat to life, health or safety. Such procedure shall take place only where the time required to apply for and secure the issuance of a warrant would render ineffective the immediate action necessary to abate the condition.

    (d) Where the designated officer or his designee is refused entry or access or is otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, such person shall be in violation of this section and subject to the penalties set out in this chapter.

(Code 1985, § 1-16)

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Inspection of private residences, Camara v. Municipal Court of San Francisco, 387 U.S. 523(1967); commercial buildings, See v. Seattle, 387 U.S. 541(1967); emergency inspections, Patrick v. State, 227 A.2d 486(1967), and North American Cold Storage Co. v. Chicago, 211 U.S. 306(1908).