2008-073 Ordinance - Laserfiche WebLink

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Ordinance No. 2008-73 emergency situation requires an exception. Such review shall be conducted upon the ex ress consent of the property owner or other adult persons authorized to grant consent to enter and insnect (b) Absent obtaining consent as described in naragranh (a) above er-a? emefgeas}, 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 °`'' "'+° °"+ r-y `' * +iea " + +he existene ? 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 i or to avoid an imminent risk of harm to the health, safety or welfare of the occupant or general public. -,,t ,.o,,,,,.a +,. +w,. SECTION 2: That Section 1331.13 of the Building Code amended herein is expressly repealed, and all other ordinances or parts of ordinances or resolutions that are inconsistent or in conflict with the newly amended section are likewise repealed to the extent of such inconsistency or conflict only. SECTION 3: That this Ordinance shall take effect and be in force from and after the earliest period allowed by law.