- 8.08.010 Purpose
This Chapter shall be construed in such manner as to promote maximum fulfillment of its general purposes, namely, to define offenses, describing adequately the act which constitutes each offense relating to public health, to give fair warning to all persons concerning the nature of the conduct prohibited, and to forbid the commission of offenses.
- 8.08.020 Definitions
For the purposes of this Chapter the following terms, phrases, and their derivations shall have the meaning given herein:
- "Action to abate a public nuisance" means any action taken in accordance with the provisions of Chapter 4.08 Public Nuisances relating to Health of Title 4 Public Nuisances to restrain, remove, terminate, prevent, or abate a public nuisance.
- "Administrative citation", means a citation issued to the responsible party after they have failed to comply with the notice of violation presented by the code enforcement officer pursuant to section 8.08.100 enforcement town manager to oversee the appeals process of the administrative citation.
- "Deposit" means to throw, drop, pile, place, dump, discharge, store, or leave.
- "Garbage" means all putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.
- "Junk’’ means any material or object, used or new, which is not presently usable, including, but not limited to scrap metals and their alloys, bones, rags, cloth, rubber pieces, rope, tinfoil, bottles, tools, fixtures, utensils, lumber, boxes, crates, pipe or pipe fittings, automobile or airplane tires, vehicle parts, machinery and appliances. Objects or materials shall be considered junk if they are so worn, deteriorated or obsolete as to make them unusable in their existing condition; if they are not capable of being used in their present location on the property; or if they cannot legally be used due to the absence of legal prerequisites to use.
- "Junk vehicle" means any vehicle not capable of traveling under its own powers, not bearing current registration plates and insurance, or which for thirty days or more, is inoperable or has not been in condition to be legally operated on the streets; provided, however, that such definition shall not include vehicles which are capable of travel under their own power but which do not bear current registration plates when such vehicles are located upon vehicle sale lots which hold current auto dealer’s licenses or when such vehicles are being repaired at garages, body shops or other vehicle repair businesses which hold current state sales tax licenses.
- "Litter" means any and every rubbish, waste material refuse garbage. Trash, excrement, urine, dead bird, dead fish, fishing line, bait, chemical compound, petroleum product or compound, automobile part or accessory, tire, wheel, junk, paper, cardboard, can, lid, bottle, cap, carton, wrapper, box, wooden object, plastic object, clothing, cloth, metal object, rubber object, leather object, hide, feather, grass clippings, leaves, cut weeds, tree branches, bush clippings, bricks, cinder blocks building material, wood, port-o-potties, paint, concrete, sand, dirt, mud, gravel, stone, glass, asphalt, ashes, cigarette, cigar, food, or food product, solvent, dye, beverage, liquid except clean water, offal composed of animal matter or vegetable matter, or both, or any noxious or offensive matter whatever.
- "Notice of violation", means the first notice sent to the responsible party describing with reasonable detail the violation so that the responsible party may properly correct it.
- "Public or private property" includes but is not limited to the right-of -way of any road Street, highway, or alley; sidewalk, gutter, or catch basin within said right-of-way; any park or recreation area; any building or structure; and any residential, commercial, farm or ranch properties.
- "Refuse "means garbage, litter, junk, or manure
- "Responsible party means a person or entity that has violated the code or, the case of property violations. The responsible party may also be the property owner, the occupant, or an individual or an entity who, acting as an agent for or in any other legal capacity on behalf of the owner, has authority over property subject to a notice of violation or administrative citation under this section.
- “Brush’ means a volunteer growth, bushes or shrubbery over the average height of twelve (12) inches; or any combination of dead brush, tree trimmings and weeds; or sage brush or other in furious, poisonous, unsightly or illegal bushes or shrubbery.
- “Grass means any of various plants of the grass family used for food, fodder, Grazing, and/or as lawns, in excess of twelve (12) inches.
- Means a rank growth of plants or vegetation considered undesirable, unattractive, or troublesome, which are of a height of six (6) inches or more.
- "Waterway" shall include but is not limited to any gulch, draw, channel, or ditch, either natural or constructed, which carries surface water, and any body of water watercourse, including banks, margins, shores, or beaches thereof
- 8.08.030 Offense Weeds on property
It shall be unlawful for the owner of any real property within the Town, or any agent in charge of such property, to allow or permit weeds to grow or remain when grown upon such property between the traveled roadway to the rear property line or a depth of one hundred fifty (150) feet whichever is lesser, along any alleys, or in front of such property between said property and the traveled roadway. Undeveloped lots or parcels of land may be exempted from the operation of this Section at the sole discretion of the Town manager based upon such factors as location in an undeveloped area and/or proximity to residences, commercial buildings, or other improvements.
- 8.08.040 Offenses Refuse on property
It shall be unlawful for any person owning, occupying, or in control of property, or any other person, to deposit any articles or materials classified as junk or litter according to the definition set forth in section 8.08.020 on any vacant land or parcel, or adjacent to or in close proximity to any school house, church, public park, residence, or a residence’s private dumpster, business or a business’s private dumpster, or in a zoning district prohibiting outdoor storage or processing of junk unless such junk is screened from public view by an approved solid fence not less than six (6) feet in height, or, if the topography requires such an enclosure, in a building with four (4) solid walls and a roof. No household or commercial refuse shall be placed in any street container or other container maintained by the town, county, or any special district.
- 8.08.045 Offenses Junk vehicles on property
It shall be unlawful for any person owning, occupying, or in control of property, or any other person, to deposit any junk vehicles as defined in section 8.08.020, or parts thereof, on public or private property, unless screened from public view by an approved solid fence not less than six (6) feet in height or, if the topography requires such an enclosure, in a building, with four (4) walls and a roof; or unless such vehicle is stored in a lawful storage, junk or auto wrecking yard in a zone permitting such storage, junk or auto wrecking yard. Nothing in section 8.08.045 shall be deemed or construed to prevent the city from acquiring operating and maintaining a facility for the storage of motor vehicles, vehicles, boats, machinery, or equipment.
- 8.08.047 Offenses Vehicle parking
- No person shall park, or knowingly permit to be parked, any vehicle other than a motorcycle or moped in any front or side yard of any building for any purpose except the washing of such vehicle, unless such vehicle is parked; (1) on a portion of the yard which provides direct access to a garage from a street, or (2) on an improved side yard area having a surface of asphalt, concrete, rock, gravel or other similar inorganic material, with a border that defines the parking area and that is designed and constructed to prevent loose material, such as rock or grave, from spilling onto any abutting public street or sidewalk. The parking of a vehicle in violation of this section is hereby declared to constitute a nuisance.
- Parking of commercial vehicles with a gvwr of 26,001 lbs, or more, in residential areas is limited to not more than two commercial vehicles for each dwelling unit.
- Major repair and restoration of occupant owned vehicles may occur only within a fully enclosed garage.
- Parking a vehicle upon a roadway for the principal purpose of displaying such vehicle for; greasing, painting, or repairing such vehicle except repairs necessitated by an emergency; displaying advertising
- 8.08.050 Offense Refuse along waterways
It shall be unlawful for any person owning, occupying, or in control of property, or any other person, to permit to be deposited or to deposit any refuse into a waterway for any purpose whatsoever, except that the Town manager may authorize in writing such deposit provided it will not in any way obstruct, befoul, or make unsightly said waterway.
- 8.08.060 Offenses Refuse from vehicle
It shall be unlawful for any person to deposit refuse from any vehicle except into containers or places clearly provided and designated for the purpose. The operator of such motor vehicle is presumed to have caused or permitted the refuse to be so deposited there from.
- 8.08.070 Offenses Disposal of refuse
It shall be unlawful for any person to fail to dispose in a sanitary manner of refuse, particularly garbage and rubbish, which accumulates or may accumulate upon the property owned or occupied by him. No person shall deposit, store, or keep such refuse where cats, dogs, or other animals may have access thereto, and no such refuse shall be kept or handled in any manner likely to cause a nuisance or injury to any other person or the public.
- 8.08.080 Offenses Vehicles and covers
All vehicles of any description conveying refuse within the Town shall be properly covered and secured so as to prevent any such refuse from being blown from or falling from such vehicle. The portion of any vehicle used for collection of refuse shall be solidly constructed so as to prevent the escape of liquids and access by insects or vermin.
- 8.08.090 Other offenses
Other offences within the Town relating to the public health shall include any pollution or contamination of any surface waters, of the air, or any water, substance, or material intended for human consumption; any cellar, vault, sewer, drain, place, or property which is damp, unwholesome, nauseous, offensive, or filthy, or which is covered for any portion of the year with stagnant or impure water or which is in such condition so as to produce unwholesome or offensive odors, or which is injurious to the public health; permitting the accumulation of manure in any stable, stall, corral, yard, or any place or building in which animals are kept; keeping or collecting any stale or putrid grease or other offensive matter; having or permitting upon any property any fly or mosquito producing condition; neglecting or refusing to discontinue use of, clean out, disinfect, or fill up all privy vaults, septic tanks, or other wastewater disposal systems; and not constructing or maintaining wastewater facilities in accordance with the provisions of this Code and any regulations enacted thereby.
- 8.08.100 Enforcement
In addition to prosecution in the municipal court of offenses described in this Chapter, said offenses are declared by the Town to be public nuisances, and the Town manager may take action to abate or cause to be abated any such public nuisances in accordance with the provisions of Chapter 4.08 Public Nuisances Relating to Health of Title 4 Public Nuisances.
- Code enforcement officer duties; the duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the classification if the work is similar, related or a logical assignment to the class.
- Conducts onsite inspections and re-inspections; investigates and determines existence and type of zoning, housing, signage, health, noise, animal, public safety, property maintenance and/or nuisance code violations and recommends corrective actions to bring about compliance; determines time frames for compliance achievement; issues notices of violations and citations.
- Answers inquiries from and advises property owners, builders and the public regarding compliance with zoning regulations, property maintenance standards, structure design standards, regulatory practices and current active code enforcement cases; responds to citizen complaints regarding potential code violations; conducts research regarding property ownership, current and past permits and applications, and applicable codes; coordinates code enforcement actions with other town departments and other governmental agencies when necessary.
- Consults with and coordinates activities with the planning department personnel, the town manager, town attorney, town department heads and other town staff. Plans and recommends code enforcement strategies and policies; develops code enforcement procedures and schedules, assists planners in preparing new municipal codes or revising existing ordinances. Prepares correspondence to educate the public and advise individuals on the status of code enforcement activities. Develops permit conditions standards, streamline checklists, deposit for inspections. Maintains accurate, complete records of complaints, inspections, violations and citations; prepares periodic written reports detailing code enforcement activity and results for presentation to the planning department and town manager, planning & zoning commission and town council. Receives training and advises town staff, property owners, builders and the public regarding compliance with title 24 accessibility requirements and associated ada regulations. Performs inspections for tree removals, one-versus two-unit dwellings, riprap placement/removal.
- Code enforcement officer duties; the duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the classification if the work is similar, related or a logical assignment to the class.
- 8.08.101 Administrative Penalty Citation For Code Violation
Section 1 - Authority:
- Any responsible party violating provisions of the code may be issued an administrative citation by an enforcement official as provided in this chapter.
- Notwithstanding any other provision of the code, responsible parties cited under the provisions of this chapter shall have only the appeal rights granted herein.
- Each day a violation exist or continues shall constitute a separate and distinct violation for which a separate administrative citation may be issued. However, once an administrative citation has been issued for a violation of the code, no additional administrative citation shall be issued for the same violation for ten (10) days or, if the responsible party appeals, until after the appeal has been heard and the responsible party has not complied with an administrative enforcement order of the administrative hearing officer (“appeals officer”) within ten (10) days of its issuance or such other time as the administrative hearing officer has specified.
- A civil penalty assessed by means of an administrative citation may be collected by any means allowed by law.
- Enforcement actions are intended to be cumulative in nature. The town may pursue one (1) or more civil, criminal, and administrative actions, fee, fines, sentences, penalties, judgments, and remedies and may do so simultaneously or in succession. The enactment of this administrative remedy shall in no way interfere with the town’s right to prosecute violations as criminal offenses
Section 2 - Procedures for Issuance of an Administrative Citation
- Whenever the enforcement official determines that a violation of the code exists, the enforcement official shall give a notice of violation and order to correct (“notice of violation”) to the responsible party. The notice of violation shall be in writing and shall describe with reasonable detail the violation so that the responsible party may properly correct it. The notice of violation shall provide a Reasonable time for correction given the circumstances of the violation, but in no case more than thirty (30) days.
- The notice of violation shall be served as follows:
- The enforcement official shall attempt to issue the notice of violation to the responsible party at the site of any violation. If the responsible party is not located, a copy of the notice of violation shall be left with any adult person residing or working at the site, or if no adult person is found at the site and the violation occurred on private property or on property for which the responsible party has responsibility, then a copy of the notice of violation shall be posted on a conspicuous place on the property of the responsible party.
- If the enforcement official is unable to issue the notice of violation to the responsible party personally, then the notice of violation shall be sent via first class mail to the responsible party. In the case of violations occurring on private property where the owner of such property is a responsible party, the notice of violation shall be sent to the address shown in the county assessor records for the county in which the property is located. In the case of violations occurring on property for which the responsible party is not the owner, the notice of violation shall be sent to the most recent mailing address available to the town for that responsible party.
- The notice of violation shall be deemed served on the date of receipt by the responsible party, if personally served, or upon the fifth day after mailing of the notice of violation.
- If after service of the notice of violation, the code violation is not timely corrected, an enforcement official may issue an administrative citation to a responsible party.
- Service of administrative citation on a responsible party shall be made in the same manner as the notice of violation as described in subparagraph b herein, except that the enforcement official shall attempt to obtain the signature of the person receiving the administrative citation on the administrative citation. If that person refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative and subsequent proceedings.
Section 3 - Contents of Administrative Citation
- The administrative citation shall state the date and location of the violations, and the approximate time the violations were observed. Were applicable, the administrative citation shall identify the property in violation by address or legal description.
- The administrative citation shall state the code sections violated and describe the violations.
- The administrative citation shall describe the action required to correct the violations.
- The administrative citation shall require the responsible party to correct the violations within a reasonable time given the circumstances, but in no case more than ten (10) days, and shall explain the consequences of failure to correct said violations. The administrati citation shall be valid for a period of one hundred eighty (180) days. The owner, lessee, occupant or the agent of such owner, lessee or occupant, or any person having care and control of such lot or parcel of land, shall be responsible to maintain said property. Failure to maintain property for ninety (90) days after receiving notice shall be considered a separate violation.
- The administrative citation shall state the amount of penalty imposed for the violations.
- The administrative citation shall explain how the penalty shall be paid, the time period by which it shall be paid, and the consequences of failure to pay the penalty.
- The administrative citation shall identify the right and procedures for appealing the administrative citation.
- The administrative citation shall contain the signature of the enforcement official and the signature of the responsible party if it can be obtained.
Section 4 - Appeal of Administrative Citation
- A person served with an administrative citation may file a notice of appeal in person or postmarked within ten (10) calendar days from the service of the administrative citation. Compliance with this time limit shall be a jurisdictional prerequisite to any appeal brought under this section. Failure to comply with such time limit shall be deemed to waive the right to a hearing and the adjudication of the issues related to the hearing, provided that proper notice of the administrative citation has been provided.
- The notice of appeal shall be made in writing, filed with the town department Identified on the administrative citation, and contain the following information:
- The reason the appellant believes the administrative citation is objectionable, incorrect or illegal.
- The amount and type of claim or dispute involved, and the time during which it accrued or occurred.
- The name, address and telephone number of the appellant.
- If the appellant is to be represented by another person, the name, address and telephone number of the said representative.
- The signature of the appellant, legal representative and/or corporate agent.
- A processing fee of $35. (thirty five dollar), shall be paid by cash, check orCertified funds simultaneously with the filing of the notice of appeal. The Processing fee is not refundable except as provided in section 6, subsection B, subparagraph 10.
- If, in the opinion of the town manager, or appointed agent the appeal meets all of the requirements of subparagraphs (a)-(c) of this section, the Manager, or appointed agent shall forward the notice of appeal to the Administrative hearing officer.
- If, in the opinion of the manager, or appointed agent the appeal does not Meet all of the requirements of subparagraphs (a)-(c) of this section, the Manager, or appointed agent shall promptly return the appeal and notify the appellant of what requirements the appeal fails to meet.
- As soon as practicable after receiving the written notice of appeal, the Administrative hearing officer shall schedule a date, time and location For the hearing, unless, if requested by the appellant and in the sole Discretion of the appeals board, it is submitted on written brief and Supporting material.
- Written notice of the date, time and location of the hearing shall be Personally served upon or sent by first class mail to the responsible Party at least ten (10) calendar days prior to the date of the hearing.
Section 5 - Procedures and Standards at Administrative Citation Appeal Hearings
- The procedure and format of the administrative citation appeal hearing shall follow procedures as set forth herein.
- Administrative citation appeal hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply; however, an informal exchange of discovery may be required by the administrative hearing officer or requested by any party. The request must be in writing. Failure to request discovery shall not be a basis for a continuance.
- The parties to an administrative citation appeal hearing shall be the responsible party and the town.
- The administrative hearing officer, at the request of any party to the hearing, may subpoena witnesses, documents, and other evidence where the attendance of the witness or the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness fees in the amount of $5.00 per witness, and mileage fees at the rate provided for witnesses by statute, shall be borne by the party requesting the subpoena.
- The town bears the burden of proof at an administrative citation appeal hearing to establish the existence of a violation of the code. In the case of an abatement hearing the town bears the burden of proof to establish the existence of a public nuisance.
- The standard of proof to be used by the administrative hearing officer in deciding the issues at an administrative citation appeal hearing is by a preponderance of the evidence.
Section 6 - Duties and powers of the Administrative Hearing Officer on Appeals
- The administrative hearing officer shall determine whether appeals of administrative citations are valid. In doing so the administrative hearing officer shall determine whether the administrative citation under appeal was issued in compliance with the requirements of the town ordinances. In each case, the administrative hearing officer shall be charged with performing all functions relating to the final determination and order, and entertaining petitions or motions made in writing. The administrative hearing officer shall perform those duties and functions necessary and incidental to determining the matter, issuing subpoenas, authorizing depositions, hearing all evidence, examining all documents, ruling on evidentiary questions, and generally conducting the hearing as a quasi-judicial proceeding.
- In the discretion of the administrative hearing officer, parties to the hearing may be required to file a pre-hearing statement before the case is set for hearing. The pre-hearing statement may include; the issues raised by the appeal; agreed and disputed facts; copies of exhibits not previously included in the record; names of witnesses with a brief statement summarizing their testimony; an estimate of the time necessary to present a party’s evidence and other matters as requested by the administrative hearing officer.
- All hearings or, when an appeal is submitted for determination based on written argument and written facts and figures, all examination of such written petitions and papers shall be conducted by the administrative hearing officer assigned to conduct the hearing or to examine the written material submitted.
- The admissibility of evidence shall be encouraged and the administrative hearing officer shall consider all evidence of probative value. The administrative hearing officer may utilize their experience, technical competence, and specialized knowledge in the evaluation of evidence presented.
- Copies, photographs and photocopies may be admitted into evidence or substituted in evidence in place of original documents.
- Witnesses intended to give opinion testimony as experts must be qualified as such, and their qualifications should be submitted in advance to the administrative hearing officer.
- Whenever it appears that an appeal is not properly before the administrative hearing officer, or that the appellant for some other reason lacks jurisdiction or standing, the case may be dismissed on the motion of any party or the administrative hearing officer.
- Mailings, notices, computations of time, time limitations, service and filings shall conform to the requirements of particular law or ordinance involved.
- The written decision of the administrative hearings officer shall be known as an administrative enforcement order.
- The parties may enter into a stipulated agreement which must be signed by both parties. Upon approval and acceptance by the administrative hearing officer, this agreement shall be entered as the administrative enforcement order. Entry of this agreement shall constitute a waiver of the right to a hearing and the right to appeal.
- The administrative hearing officer may uphold the administrative citation and all penalties, or dismiss the administrative citation. The administrative hearing officer may also impose conditions and deadlines to correct the violation or require payment of any outstanding penalties.
- If the appeals board dismisses the administrative citation and all penalties due to the town’s failure to satisfy its obligations under this chapter, the appellant’s $35.00 (thirty five dollar) processing fee shall be promptly refunded.The administrative hearing officer has continuing jurisdiction over the subject matter of an administrative citation appeal hearing for the purposes of granting a continuance, ordering compliance by issuing an administrative enforcement order, ensuring compliance of that order, modifying an administrative enforcement order, or, where extraordinary circumstances exist, granting a new hearing. The administrative hearing officer may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the administrative enforcement order.
Section 7 - False information or refusal prohibited It shall be unlawful for any person to willfully make a false statement or refuse to give his or her name or address with intent to deceive or interfere with the enforcement official when in the performance of official duties under the provisions of this ordinance. Any person who willfully makes a false statement or refuses to give his or her name or address with intent to deceive or interfere with the enforcement official shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine or by confinement in jail or by both such fine and imprisonment. Section 8 - Failure to Obey Subpoena It is unlawful for any person to refuse to obey a subpoena issued by the administrative hearing officer. Any person who fails to obey a subpoena shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine or by confinement in jail or by both such fine and imprisonment. Section 9 - Failure to Attend Administrative Citation Appeal Hearing Any responsible party who fails to appear at the hearing is deemed to waive the right to a hearing and the adjudication of the issues related to the hearing, provided that proper notice of the hearing has been provided. Section 10 - Failure to comply with administrative enforcement order It is unlawful for a responsible party to an administrative enforcement hearing who has been served with a copy of the final administrative enforcement order to fail to comply with the order. Any person who fails to comply with a final administrative enforcement order shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine or by confinement in jail or by both such fine and imprisonment Section 11 - Penalties assessed
- If the responsible party fails to correct the violation, subsequent administrative citation may be issued for violations of the same code section: as states in 8.08.101: sect. A of this code. The penalties assessed for each administrative citation issued for violations of the same code section or sections shall be established by the manager, or agent, but shall not exceed the following amounts regardless of the number of violations per citation:
- First administrative citation: one hundred fifty dollars ($150.00)
- Second administrative citation; two hundred fifty dollars ($250.00)
- Third or subsequent administrative citation: three hundred dollars. (300.00)
- Payment of the penalty shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the town.
- All penalties assessed shall be payable to the town of rangely. Payment of the full amount of the penalty must be received in person or postmarked within ten (10) calendar days of the date of issuance of the administrative citation or administrative enforcement order, or within the time specified on the administrative enforcement order.
- 8.08.105 Removal by town costs assessment
I If the weeds or litter are not removed within the stated time, the Town may remove the same and assess the whole cost thereof upon the property and the assessment shall be a lien until paid. If any assessment is not paid within thirty (30) days after it is made, the same shall be certified by the town clerk to the county treasurer for Rio Blanco County and placed upon the tax list for the current year, and thereby collected in the same manner as other taxes are collected, with a ten (10%) percent penalty thereon to defray the costs of collection. In addition to any other penalty or procedure for collection, any costs incurred by the Town to remove weeds or litter herein shall be billed by the town to the owner or agent In charge of the property, and such charges shall be billed and collected in the same manner as and together with charges for utilities provided by the town to such owner or agent. In the event that such charges become delinquent, a late charge of two (2%) shall be added to the principal amount due of such delinquent charges for each full month that such charges remain unpaid. Any owner or agent who fails to pay such charges shall receive a notice by mail demanding payment within ten (10) calendar days. Should such payment not be made or some contractual payment schedule agreeable to the town manager not be made, utility services to that owner or agent may be discontinued.
- 8.08.110 Right of Entry Generally
Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an administrative officer has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a nuisance hereunder, such inspector may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed on him or her; provided, however, that if such building or premises is occupied, such inspector shall first present proper credentials and request entry. If entry is refused, the authorized inspector shall give the owner or occupant, or if the owner or occupant cannot be located after a reasonable effort, he or she shall leave at the building or premises a written notice of intention to inspect not sooner than twenty-four (24) hours after the time specified in the notice. After complying with all notice requirements, and prior to entry into an occupied premise, the inspector shall first obtain an order from the court finding sufficient probable cause of a violation of the nuisance law and issuing an inspection warrant authorizing entry into the occupied premises. The requirements of this section shall not apply to public places, including privately owned vacant land, as defined in section 8.08.020 which may be inspected by an administrative officer at any time without notices.
- 8.08.120 Right of Entry in an Emergency
- Whenever an administrative officer has reason to believe that a nuisance exists, and that such nuisance constitutes an emergency presenting imminent danger or serious injury to persons or property, the administrative officer, his or her authorized representative or a police officer may immediately enter into any building or upon any premises within the jurisdiction of the town for purposes of inspection or abatement without notice or judicial action.
- In the emergency situation such person or his or her authorized representative may use such reasonable force as may be necessary to gain entry into the building or upon the premises.
- For purposes of this section, an emergency situation includes situation where there is imminent danger of loss of, or injury or damage to life, limb or property. It is unlawful for any owner or occupant of the building or premises to deny entry to any administrative officer or to resist reasonable force used by the authorized official pursuant to this section