§ 518.123. Right of entry; notice of inspection.

(a)

The Chief is authorized to enter any building, structure or premises at any reasonable time for the purpose of performing his or her duties under this chapter. If any owner, occupant or other person in charge of a building structure or premises subject to the provisions of this Code refuses, impedes, inhibits, interferes with, or obstructs lawful entry or access to any part of the building, structure or premises where an inspection authorized by this chapter is sought, the Chief may seek an inspection warrant pursuant to Florida law.

(b)

At the time of inspection, the Chief shall properly identify himself and shall advise the occupant of his right to refuse entry to the nonpublic areas of the building, structure or premises. He shall further advise the occupant that an inspection warrant may be obtained if entry is refused.

(c)

The Chief shall develop appropriate documents by which to serve notice in an area in which he intends to carry out a scheduled area wide inspection program. These documents shall include a notice to be delivered to each household or owner which shall include the following:

(1)

A summary of the requirements of this Chapter for which an inspection is being made to determine compliance therewith.

(2)

A statement advising the occupant or owner that entry for the purpose of inspection may be denied.

(3)

A statement that a notice of violation issued pursuant to the inspection may be appealed to the city's Special Magistrate.

(d)

At the time of inspection, the Chief or their duly authorized representative shall properly identify himself and shall advise the occupant or owner verbally of all the provisions of subsection (a) of this Section which were required to be included in the notice. Where the inspection is based upon a complaint or probable cause, a written notice of intent under this Section shall not be required.

(e)

In cases of emergency where extreme hazards are known to exist which may involve the loss of life or severe property damage, the limitations of this Section shall not apply.

(f)

The Chief, or duly authorized representative, shall have the right of entry upon real property while in the discharge of his duties in removing, terminating or abating a public nuisance under this Chapter.

(Ord. 96-458-297, § 1; Ord. 2006-1363-E, § 4; Ord. 2008-149-E, § 1)

Editor's note

Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.