(1)
The enforcing officer may enter any property, including interior of structures, at all reasonable times with permission of the property owner or person in possession of property, whenever an inspection is necessary to effectuate the purposes and public benefits of this code or the Springfield Development Code; whenever the enforcing officer has reasonable cause to believe that there exists in any structure or upon any property any condition which constitutes a violation of a statute, ordinance, regulation, rule, standard or order; or to effectuate an administrative abatement as provided in section 5.010 of this code.
(2)
When permission is not given by the property owner or person in possession of the property under subsection (1) of this section, the enforcing officer is authorized to obtain an administrative inspection warrant and/or an administrative abatement warrant in accordance with sections 5.632 through 5.636 of this code.
(3)
An “administrative
inspection warrant” is an order authorizing the enforcing officer
to conduct an inspection or investigation at a designated building
or property.
[Section 5.630 added by Ordinance No. 6365, enacted March 6, 2017; amended
by Ordinance No. 6408, enacted November
18, 2019]
(1)
Affidavit.
An administrative inspection or abatement warrant shall be issued
only upon cause, supported by affidavit, particularly describing:
(a)
The
applicant’s status in applying for the warrant;
(b)
The
ordinance or regulation requiring or authorizing the inspection or
investigation, or authorizing the removal and abatement of a nuisance;
(c)
The
building or property to be inspected, investigated, or abated;
(d)
In
the case of an administrative inspection warrant, the purpose for
which the inspection or investigation is to be made including the
basis upon which cause exists to inspect;
(e)
In
the case of an abatement warrant, a statement of the conditions to
be abated and the general types and estimated quantity of the items
to be removed and sold, recycled, or discarded; and
(f)
A
statement that entry has been sought and refused, or in the case of
an administrative inspection warrant only, facts or circumstances
reasonably showing that the purposes of the inspection or investigation
might be frustrated if entry were sought without an inspection warrant.
(2)
Cause
for an Administrative Inspection Warrant. Cause to inspect or investigate
shall be deemed to exist if the enforcing officer has complied with
the applicable reasonable legislative or administrative standards
for conducting a routine, periodic, or area inspection of the particular
building or property; or if there is probable cause to believe that
a condition of nonconformity with a health or safety statute, ordinance,
regulation, rule, standard or order exists with respect to the particular
building or property.
(3)
Cause for an Abatement Warrant. Cause shall be deemed to exist if there is probable cause to believe that a nuisance violation exists with respect to the designated property, that the person responsible for the property has been given notice and an opportunity to abate the violation in accordance with sections 5.006 through 5.010 of this code, and the nuisance has not been abated.
[Section 5.632 added by Ordinance No. 6365, enacted March 6, 20177; amended
by Ordinance No. 6408, enacted November
18, 2019]
(1)
Examination.
Before issuing an administrative inspection or abatement warrant,
the judge shall review the affidavit and any attached material, and
may examine the applicant, affiant, and any other witness under oath
and shall be satisfied of the existence of grounds for granting such
application.
(2)
Issuance.
If the judge is satisfied that cause for the inspection, investigation,
or abatement exists and that the requirements for granting the application
are satisfied, the judge shall issue the warrant. The warrant shall
particularly describe the person or persons authorized to execute
the warrant and the building or property to be entered. In the case
of an administrative inspection warrant, the warrant shall describe
the purpose of the inspection or investigation. In the case of an
abatement warrant, the warrant shall describe the conditions to be
abated and the general types and estimated quantity of items to be
removed and sold, recycled, or discarded. The warrant shall contain
a direction that it be executed on any day of the week between the
hours of 8:00 a.m. and 6:00 p.m., or where the judge has specially
determined upon a showing that it cannot be effectively executed between
those hours, that it be executed at any additional or other time of
the day or night.
[Section 5.634 added by Ordinance No. 6365, enacted March 6, 20177; amended
by Ordinance No. 6408, enacted November
18, 2019]
(1)
Except as provided in subsection (2) of this section, in executing an administrative inspection or abatement warrant, the person authorized to execute the warrant shall, before entry, make a reasonable effort to present the person’s credentials, authority, and purpose to an occupant or person in possession of the building or property designated in the warrant and present the warrant or a copy thereof.
(2)
In executing an administrative inspection or abatement warrant, the person authorized to execute the warrant need not inform anyone of the person’s authority and purpose, as prescribed in subsection (1) of this section, but may promptly enter the designated building or property if it is at the time unoccupied or not in the possession of any person, or at the time reasonably believed to be in such condition. In such case, a copy of the warrant shall be conspicuously posted on the property.
(3)
A peace
officer, as defined in ORS 161.015(4), may be requested to assist
in the execution of the warrant.
(4)
An administrative
inspection or abatement warrant must be executed within 14 days of
its issue and returned to the judge by whom it was issued within 14
days from its date of execution, unless before the expiration of such
time, the judge by order extends the time for up to five days. After
the expiration of the time prescribed by this subsection, the warrant
is void unless executed.
[Section 5.636 added by Ordinance No. 6365, enacted March 6, 20177; amended
by Ordinance No. 6408, enacted November
18, 2019]
Nothing in SMC sections 5.630 through 5.636 prohibits the city from conducting an inspection or abatement without a warrant, when an emergency or exigent circumstances exist that make the inspection or abatement immediately necessary to protect public health, safety, or welfare.
[Section 5.638 added by Ordinance No. 6365, enacted March 6, 20177; amended
by Ordinance No. 6408, enacted November
18, 2019]
