Chula Vista Municipal Code Ch. 1.16 Right of Entry for Inspection

***** For statutory provisions regarding inspection warrants, see Civil Procedure Code §§ 1822.50 – 1822.57.

Whenever necessary to make an inspection to enforce any state or Municipal Code provision, or whenever there is reasonable cause to believe there exists a state or Municipal Code violation in any building or upon any premises within the jurisdiction of the City, any authorized official of the City may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him or her by ordinance; provided, that except in emergency situations or when consent of the owner and/or occupant to the inspection has been otherwise obtained, he or she shall give the owner and/or occupant, if they can be located after reasonable effort, at least 24 hours’ written notice of the authorized official’s intention to inspect. The notice transmitted to the owner and/or occupant shall state that the property owner and/or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of an inspection warrant by a duly authorized magistrate pursuant to Code of Civil Procedure Section 1822.50. In the event the owner and/or occupant refuses entry after such request has been made, the official is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining an inspection warrant for such entry. It is a misdemeanor to willfully refuse access after an inspection warrant has been duly issued. (California Code of Civil Procedure Section 1822.57). The above 24-hour notice requirement shall not apply to any inspection where the authorized official conducts the observations and inspection while within the public right-ofway or within the unobstructed walkway between such right-of-way and the front entry of any residence; nor shall it apply to abandoned or inoperative motor vehicles inspected on site in accordance with applicable state law. (Ord. 2718 § 1, 1998; Ord. 1550 § 1, 1974; prior code § 1.7).