(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.
(4) 
An “administrative abatement warrant” is an order authorizing the enforcing officer to abate a public nuisance at a designated building or property, in accordance with section 5.010 of this code.
(Section 5.630 added by Ordinance No. 6365, enacted March 6, 2017; amended by Ordinance No. 6408, enacted November 18, 2019; Ord. No. 6494, 4/21/2025)
[1]
Editor’s Note: Ordinance No. 6494 renumbered former Section 5.630 to be Section 5.650.
(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; Ord. No. 6494, 4/21/2025)
[1]
Editor’s Note: Ordinance No. 6494 renumbered former Section 5.632 to be Section 5.652.
(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; Ord. No. 6494, 4/21/2025)
[1]
Editor’s Note: Ordinance No. 6494 renumbered former Section 5.634 to be Section 5.654.
(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; Ord. No. 6494, 4/21/2025)
[1]
Editor’s Note: Ordinance No. 6494 renumbered former Section 5.636 to be Section 5.656.
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; Ord. No. 6494, 4/21/2025)
[1]
Editor’s Note: Ordinance No. 6494 renumbered former Section 5.638 to be Section 5.658.