Sec. 16.3-11. Right to enter property.
In order to assure compliance with the provisions of this chapter, and all applicable city ordinances, state and federal laws, orders or regulations, the director of utilities or his agent shall have the right to inspect any property, public or private, within the city at any reasonable time. In the event the director of utilities, or his agent shall be denied access to property, the director of utilities or his agent may present sworn testimony to a magistrate or court of competent jurisdiction and if such sworn testimony establishes probable cause that a violation of this ordinance has has occurred, request that the magistrate or court grant the director of utilities or his agent an inspection warrant to enable the director of utilities or his agent to enter the property for the purpose of determining whether a violation of this ordinance exists. The director of utilities or his agent shall make a reasonable effort to obtain consent from the owner or occupant of the subject property prior to seeking the issuance of an inspection warrant under this section. It shall be a violation of this section for any person to deny the director of utilities or his agent access to any property after the director of utilities or his agent has obtained an inspection warrant from a magistrate or a court of competent jurisdiction for the inspection of such property. Nothing herein shall be construed to authorize the director of utilities or his agent to enter or inspect the interior portions of any dwelling or structure situated on such property unless that inspection be reasonably necessary and directly related to verifying the presence and character of a stormwater control mitigation system or control measure that the owner of the property claims to be installed therein. (Ord. of 12-13-2011, Ord. No. O-11-138)
Last updated date: 12/15/2011 9:32:46 AM