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39-18 - Eliminating warrantless searches
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39-18 - Eliminating warrantless searches
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1306.49 INSPECTION. <br />The Building Commissioner is hereby authorized to make or cause to be made <br />inspections to determine the condition of dwellings, dwelling units, occupiable <br />structures and premises located within the City in order that he or she may perform <br />his or her duty of safeguarding the health and safety of the occupants of dwelling <br />units and occupiable structures and of the general public and to determine whether <br />they conform to the provisions of this Code. Such inspections may also be made <br />whenever the Building Commissioner has reasonable cause to believe that a vio- <br />lation of this Code exists therein or thereon. <br />Section 2. Section 1306.50, Right of Entry, of the Codified Ordinances of the City of Lake- <br />wood, currently reading as follows: <br />1306.50 RIGHT OF ENTRY. <br />(a) For the purpose of making such inspections, the Building Commissioner, <br />upon presentation of proper credentials is authorized to enter, examine and survey <br />at all reasonable times all dwelling, dwelling units, rooming units, occupiable <br />structures, structures and premises provided for in this Code. The owner and oc- <br />cupant of every such dwelling, dwelling unit, rooming unit, occupiable structure <br />and premises and the person in charge thereof shall give such official free access <br />to such dwelling, dwelling unit, rooming unit, occupiable structure and premises <br />at all reasonable times for the purpose of such inspection , examination and sur- <br />vey. <br />(b) Every occupant of a dwelling, dwelling unit or occupiable structure shall <br />give the owner thereof or his agents and employees access to any part of such <br />dwelling, dwelling unit, occupiable structure or their premises at all reasonable <br />times for the purpose of making such repairs or alterations as are necessary to <br />effect compliance with the provisions of this Code. <br />(c) Except in emergency situations, no penalty under the penalty provisions of <br />this Code shall apply against any owner who refuses the right of entry hereunder <br />until a search warrant is obtained. <br />shall be repealed, and new Section 1306.50, Right of Entry; Warrants, shall be enacted to read as <br />follows: <br />1306.50 RIGHT OF ENTRY; WARRANTS. <br />(a) For the purpose of making any inspections required or permitted under this <br />Chapter, the Building Commissioner, upon presentation of proper credentials is <br />authorized to enter, examine and survey at all reasonable times all dwelling, <br />dwelling units, rooming units, occupiable structures, structures and premises pro- <br />vided for in this Code. The owner and occupant of every such dwelling, dwelling <br />unit, rooming unit, occupiable structure and premises and the person in charge <br />thereof shall give such official free access to such dwelling, dwelling unit, room- <br />ing unit, occupiable structure and premises at all reasonable times for the purpose <br />of such inspection, examination and survey. <br />(b) Every occupant of a dwelling, dwelling unit or occupiable structure shall <br />give the owner thereof or his agents and employees access to any part of such <br />dwelling, dwelling unit, occupiable structure or their premises at all reasonable <br />times for the purpose of making such repairs or alterations as are necessary to <br />effect compliance with the provisions of this Code. <br />(c) (1) Except as may be permitted by law in exigent or emergency situations, <br />no penalty under the penalty provisions of this Code, or adverse administrative <br />action permitted under this Code, shall apply or be made against any owner or <br />
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