A.
Whenever necessary to make an inspection to enforce any
municipal ordinance or other applicable statute or regulations, or whenever
there is reasonable cause to believe there exists a violation in any building
or upon any premises or property within the jurisdiction of the Town of New
Windsor, any authorized official or agent of the Town may, upon presentation
of proper credentials, enter such building, premises or property at all reasonable
times to inspect the same or to perform any duty imposed upon him or her by
municipal ordinance or other applicable statute or regulations. Except in
emergency situations or when consent of the owner and/or occupant to the inspection
has been otherwise obtained, the authorized official of the Town shall give
the owner or occupant, if different, if they can be located after reasonable
effort, at least 24 hours' written notice of the Town official's
intention to inspect.
B.
The notice transmitted to the owner and/or occupant shall
state that the property owner and/or occupant has the right to refuse entry
and that in the event such entry is refused, inspection may be made only upon
issuance of an administrative warrant by the Circuit Court of Carroll County.
In the event the owner and/or occupant refuses entry after such request has
been made, the Town Manager and/or Town Attorney are hereby empowered to seek
assistance from the Court in obtaining an inspection warrant for such entry.
It is a misdemeanor to willfully refuse access after an inspection warrant
has been duly issued.
C.
The above twenty-four-hour notice requirement shall not
apply to any inspection where the authorized official conducts the observations
and inspection while within the public right-of-way or within the unobstructed
walkway between such right-of-way and the front entry of any residence.
