A Code Enforcement Officer or other authorized enforcement agent shall have the authority to enter upon any real property or premises to ascertain whether the provisions of the municipal code and/or applicable statutes, rules, codes and regulations are being obeyed and to make any examinations and surveys as may be necessary in the performance of his or her code enforcement duties. Inspections may include and/or involve the taking of photographs, samples, or other physical evidence and conferring with persons present.
(Prior code § 82.01)
When it is necessary to conduct an inspection of occupied property to enforce the provisions of the municipal code and/or applicable statutes, rules, codes and regulations, or when the Code Enforcement Officer or other authorized enforcement agent has reasonable cause to believe that there exists in an occupied building or upon occupied premises a condition that is contrary to or in violation of the municipal code and/or applicable statutes, rules, codes or regulations, the Code Enforcement Officer or other authorized enforcement agent may enter the building or premises at reasonable times to inspect or to perform duties imposed by this title provided that, if such building or premises are occupied, credentials are presented to the occupant or tenant and consent to enter for the purpose of inspection is requested and granted by the occupant or tenant, or the landlord consents to entry for inspection purposes.
(Prior code § 82.02)
A Code Enforcement Officer or other authorized enforcement agent shall be permitted to inspect only those areas of the subject premises that are within the consenting occupant’s or tenant’s control or which are subject to the common authority of all occupants and tenants unless otherwise provided by a court-issued inspection warrant.
(Prior code § 82.03)
A Code Enforcement Officer or other authorized enforcement agent shall be permitted to inspect only those areas of the subject premises that the consenting landlord has authority to access and inspect him or herself, unless otherwise provided by a court-issued inspection warrant.
(Prior code § 82.04)
When it is necessary to conduct an inspection of secured unoccupied property to enforce the provisions of the municipal code and/or applicable statutes, rules, codes or regulations or when the Code Enforcement Officer or other authorized enforcement agent has reasonable cause to believe that there exists, in an unoccupied building or upon unoccupied premises, a condition that is contrary to or in violation of the municipal code and/or applicable statutes, rules, codes or regulations the Code Enforcement Officer or other authorized enforcement agent shall make a reasonable effort to locate the property owner or other person having charge or control of the building or premises and request and obtain that person’s consent to enter for the purpose of inspection.
(Prior code § 82.05)
If a property owner, occupant or agent having charge or control of a property refuses to consent to an inspection of the subject premises by a Code Enforcement Officer or other authorized enforcement agent or if the property owner or occupant, or agent having charge or control of a property cannot be located after a reasonable attempt has been made, the Code Enforcement Officer or other authorized enforcement agent must obtain an administrative inspection warrant pursuant to the procedures provided in California Code of Civil Procedure Section 1822.50 to conduct an inspection of the premises, unless otherwise provided in this chapter or any other applicable law.
(Prior code § 82.06)
To enforce the provisions of the municipal code and/or applicable statutes, rules, codes or regulations, a Code Enforcement Officer or other authorized enforcement agent may inspect exterior code violations from a public street, sidewalk, park, or alley without the consent of the property owner or occupant and without an inspection warrant.
(Prior code § 82.07)
To enforce the provisions of the municipal code and/or applicable statutes, rules, codes or regulations, a Code Enforcement Officer or other authorized enforcement agent may inspect exterior code violations from a neighbor’s yard without the consent of the property owner, occupant, or agent having charge or control of the premises upon which the violation exists and without an inspection warrant provided that lawful access to the neighbor’s yard can be obtained and the exterior code violations are in plain view from the neighbor’s yard.
(Prior code § 82.08)
To enforce the provisions of the municipal code, and/or applicable statutes, rules, codes or regulations, a Code Enforcement Officer or other authorized enforcement agent may inspect abandoned buildings and property without the consent of the property owner or agent having charge or control of the premises and without an inspection warrant provided that the subject property and/or building or buildings are unoccupied and have not been secured against unlawful entry.
(Prior code § 82.09)
To enforce the provisions of the municipal code and/or applicable statutes, rules, codes or regulations, a Code Enforcement Officer or other authorized enforcement agent may inspect the common areas of multihousing complexes without the consent of the property owner, occupant or agent having charge or control of the premises and without an inspection warrant provided that such common areas are accessible to members of the general public.
(Prior code § 82.10)
To enforce the provisions of the municipal code and/or applicable statutes, rules, codes or regulations, a Code Enforcement Officer or other authorized enforcement agent may inspect open undeveloped areas without the consent of the property owner or agent having charge or control of the premises and without an inspection warrant provided that the subject area is accessible to members of the general public and open to public view.
(Prior code § 82.11)
Use of optical aids such as flashlights and binoculars may be used to conduct inspections of exterior code violations if such violations could otherwise be seen during normal daylight hours or at close range without such optical aids from a location upon which the observing individual is legally justified.
(Prior code § 82.12)
To enforce the provisions of the municipal code and/or applicable statutes, rules, codes or regulations, a Code Enforcement Officer or other authorized enforcement agent may use aerial surveillance to inspect an enclosed yard that is visible from the air space above without the consent of the property owner, occupant or agent having charge or control of the premises and without an inspection warrant provided that such surveillance does not cause unnecessary noise, dust or threaten injury.
(Prior code § 82.13)
To enforce the sexually oriented business/adult entertainment provisions of the municipal code and/or other applicable statutes, rules, codes or regulations, a Code Enforcement Officer or other authorized enforcement agent may inspect a sexually oriented business/adult entertainment establishment pursuant to applicable provisions of the municipal code.
(Prior code § 82.14)
Any occupant or tenant who refuses to permit an inspection pursuant to any court-issued inspection warrant shall be subject to arrest by the Code Enforcement Officer or other authorized enforcement agent. Forcible execution of the inspection under such circumstance shall be permitted only if the warrant expressly grants permission for such forcible entry.
(Prior code § 82.60)