2008-073 Ordinance - Laserfiche WebLink

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Ordinance No. 2008-73 (b) Absent consent or an emergency, the Building Commissioner or designee shall not enter into and conduct an inspection of the building or dwelling until such time as the necessary information is provided to the Director of Law and a search warrant has been issued by the Common Pleas or Municipal Court and served in accordance with law to establish the Building Commissioner's authority to enter and inspect the building or dwellings alleged to be dangerous, unsafe or which may constitute a nuisance as defined by this chapter. (c) Judges or Magistrates of the Common Pleas or Municipal Court may, within their respective jurisdictions and in accordance with judicial rules, issue warrants or other legal process to enter, to search and to otherwise inspect or examine any premises, building or dwelling subject to this chapter, upon the filing of an affidavit which supports a finding of reasonable suspicion or belief that the alleged conditions constitute a nuisance, or that the structures may be dangerous or unsafe, as defined by this chapter. The affidavit must set forth facts showing: (1) Identification of the premises, buildings or dwellings or parts thereof to be entered and inspected; (2) Identification of the property owner of record and, if applicable the persons in possession thereof, as well as information regarding the solicitation and refusal of consent; (3) A statement of the nature of the complaint and a description of the evidence in support of the alleged Code violation, including citation of the Code provisions; and (4) A statement of the affiant, based upon specific knowledge of the condition and evidence, asserting reasonable suspicion or belief of a particular Code violation, provided however that such belief need not depend upon specific knowledge of a particular condition within the premises, building or dwelling to be entered and inspected. (d) An "emergency" means a real and present emergency requiring immediate entry and examination due to the existence of an occurrence or condition that causes a building or dwelling to become dangerous, unsafe or to constitute a nuisance and which requires prompt action to prevent injury or property damage or to avoid an imminent risk of hann to the health, safety or welfare of the occupant or general public. The determination of an emergency shall be made by the Building Commissioner, without regard to the occupants' consent, prior to any warrantless entry and inspection by building or other officials and prior to the proceedings outlined in Section 1331.07. BE AMENDED, AND, AS AMENDED, READ HEREAFTER IN ITS ENTIRETY AS FOLLOWS: 1331.13 AUTHORITY OF BUILDING COMMISSIONER TO EXAMINE PREMISES. (a) The Building Commissioner or any building inspector or other official designated by the Building Commissioner shall be authorized, upon presentation and explanation of official authorization and identification, to examine or inspect, upon entry or survey, any building or dwelling within the City, to determine whether such building or dwelling is dangerous, unsafe or constitutes a nuisance, as provided by this chapter. Such review shall be conducted, to the extent practical, during regular business hours (Monday - Friday between 8:30 a.m. and 4:30 p.m.), unless an