1. To inspect, observe, measure, sample, test, or investigate a building or property in connection with the review of a permit or license application;

2. To assess compliance with any permit, license or approval;

3. To inspect, observe, measure, sample, test, or investigate any condition relating to, or to operate, maintain, or repair, any city utility or facility;

4. To perform periodic inspections required by any provision of this code;

5. To investigate when cause exists to believe a violation of this code is being, or has been, committed; or

6. To inspect report conditions.

1. The officer, official, or employee shall present city credentials including photo identification to the owner or person who is in control of or is responsible for the building, tenancy, or property, and state the reason for entry, and request entry.

2. If the building, tenancy, or property is unoccupied, the official, officer, or employee shall make reasonable effort to locate the owner or other person having charge or control of the building or property (e.g., a manager, tenant, person having a key or other access device or code) and request entry.

3. Consent to enter a building or property may be obtained by any means, including but not limited to writing, 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 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. However, 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.

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 to (a) an inspection that is conducted while the officer, official, or employee remains on public property, such as a public right-of-way, or on other adjacent property for which consent to entry has been obtained, or (b) enter property in which the city has a written easement for purposes authorized in the easement instrument.

6. Notwithstanding the above provisions, whenever there is a reasonable basis to believe that an immediate inspection or entry is required to protect against an imminent threat of substantial injury to a person(s) or to property, a city officer, official, or employee is authorized to enter in or upon any building or property without first obtaining the owner’s consent, or when any other circumstances exist making such entry lawful under the common law. Upon entry made pursuant to this subsection, the city officer, official or employee shall announce their identity at the doorway and again upon entering any areas where occupants are present. (Ord. 6755 § 1 (Exh. A), 2019; Ord. 2906 § 1, 1976.)