§ 81-10. Right of Entry

(a)

Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Code or other applicable law, or whenever the Chief Electrical Inspector or an authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises hazardous, unsafe or dangerous for any reasons specified in this Code or other similar law, the Chief Electrical Inspector or an authorized representative hereby is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the Chief Electrical Inspector by this Code or other applicable law; provided that:

(1)

if such property is occupied, the Chief Electrical Inspector shall first present proper credentials to the occupant and request entry explaining the reasons therefor; and

(2)

if such property is unoccupied, the Chief Electrical Inspector shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry, explaining the reasons therefor.

If such entry cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, or if entry is refused, the Chief Electrical Inspector or an authorized representative shall have recourse to every remedy provided by law to secure lawful entry and inspect the property.

(b)

Notwithstanding the foregoing, if the Chief Electrical Inspector or an authorized representative has reasonable cause to believe that the building or premises is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety, the Chief Electrical Inspector shall have the right to immediately enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property is occupied or unoccupied and whether or not permission to inspect has been obtained. If the property is occupied, the Chief Electrical Inspector shall first present credentials to the occupant and demand entry, explaining the reasons therefor and the purpose of the inspection.

(c)

"Authorized representative" shall include the officers named in Section 80-5 of this Code and their authorized inspection personnel.

(d)

No person shall fail or refuse, after proper demand has been made upon such person as provided in this subsection, to promptly permit the Chief Electrical Inspector or an authorized representative to make any inspection provided for by Subdivision (b) of this subsection. Any person violating this subdivision shall be guilty of a misdemeanor.

(Ord. 2002-0077 § 11, 2002.)