Clayton Municipal Code Ch. 1.12 Right of Entry for Inspection

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State Law reference— For statutory provisions on inspection warrants, see California Code of Civil Procedures §§ 1822.50—1822.57.

Whenever necessary to make an inspection to enforce any ordinance or resolution, or whenever there is reasonable cause to believe there exists an ordinance or resolution 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 the building or premises at a reasonable time to inspect it or to perform any duty properly imposed upon the official; provided that except in emergency situations or when consent of the owner and occupant to the inspection has been otherwise obtained, the official shall give the owner and occupant, if they can be located after reasonable effort, twenty-four (24) hours written notice of the intention to inspect.

The notice transmitted to the owner and occupant shall state that the property owner 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. If the owner or occupant refuses entry after such request has been made, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry (under California Code of Civil Procedure § 1822.50 and following).

(Ord. 319, 1995)