§ 21.3. INSPECTIONS  


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  • A.

    The planning director, chief building official, county engineer or other authorized representative ("the enforcing official") is authorized to enter or inspect any building, structure, premises or real property to ensure compliance with this code. These inspections will be carried out during normal business hours except in emergency situations described in subsection 21.3.B below. Entry onto private property for inspection will be made only after contact with the owner or occupant of the premises, whose permission for the inspection must be obtained. If the owner or occupant of the premises cannot be located or permission to enter cannot be obtained, the enforcing official may seek an administrative search warrant or court order allowing entry by submitting a sworn affidavit to the county or district court detailing facts to support a reasonable belief that a violation is likely to exist and that further investigation of the premises is warranted. Any subsequent entry and inspection must be conducted in accordance with the administrative search warrant or order issued by the court. Signing an application for any development approval constitutes permission to enter and inspect a property. Inspections may be conducted from public property or right-of-way, or from adjacent private property with the permission of the owner of the private property.

    B.

    Notwithstanding the provisions of subsection 21.3.A above, permission to enter or a court order is not required in emergency situations in which the enforcing official has reason to believe public health or safety is in imminent danger and could be jeopardized by any delay in obtaining permission to enter or a court order.