Merced Municipal Code Ch. 1.13 Inspection

Enforcement officers are authorized to enter upon any property or premises to ascertain whether the provisions of this code are being obeyed, and to make any examinations, inspections, and surveys as may be necessary in the performance of their enforcement duties. These may include the taking of photographs, video, samples, or other physical evidence. All inspections, entries, examinations, and surveys shall be conducted in a reasonable manner and with the consent of the owner, agent, or occupant, or as otherwise permitted by law. In an area of property accessible by the general public, an enforcement officer may enter and conduct a visual inspection without consent. If an owner, agent, or occupant refuses permission to enter or inspect, the enforcement officer may seek an inspection warrant pursuant to the applicable procedures provided for in the California Code of Civil Procedure or take any other necessary action as authorized by law.

(Ord. No. 2348, § 5, 3-1-2010)

When it is necessary to conduct an inspection of occupied property to enforce the provisions of the Municipal Code and/or applicable statutes, rules, codes and regulations, or when the enforcement officer or other authorized enforcement agent has reasonable cause to believe that there exists in an occupied building or upon occupied premises a condition that is contrary to or in violation of the Municipal Code and/or applicable statutes, rules, codes or regulations, the enforcement officer or other authorized agent may enter the building or premises at reasonable times to inspect or to perform duties imposed by this code provided that, if such building or premises are occupied, credentials are presented to the occupant or tenant and consent to enter for the purpose of inspection is requested and granted by the occupant or tenant, or the landlord consents to entry for inspection purposes.

(Ord. No. 2348, § 5, 3-1-2010)

An enforcement officer or other authorized enforcement agent shall be permitted to inspect only those areas of the subject premises that are within the consenting occupant's or tenant's control or which are subject to the common authority of all occupants and tenants unless otherwise authorized by a court-issued inspection warrant.

(Ord. No. 2348, § 5, 3-1-2010)

An enforcement officer or other authorized enforcement agent shall be permitted to inspect only those areas of the subject premises that the consenting landlord has authority to access and inspect him or herself, unless otherwise authorized by a court-issued inspection warrant.

(Ord. No. 2348, § 5, 3-1-2010)

When it is necessary to conduct an inspection of secured unoccupied property to enforce the provisions of the Municipal Code and/or applicable statutes, rules, codes or regulations or when the enforcement officer or other authorized enforcement agent has reasonable cause to believe that there exists in an unoccupied building or upon unoccupied premises a condition that is contrary to or in violation of the Municipal Code and/or applicable statutes, rules, codes or regulations, the Enforcement Officer or other authorized enforcement agent shall make a reasonable effort to locate the property owner or other person having charge or control of the building or premises and request and obtain that person's consent to enter for the purpose of inspection.

(Ord. No. 2348, § 5, 3-1-2010)

If a property owner, tenant, occupant or agent having charge or control of a property refuses to consent to an inspection of the subject premises by an enforcement officer or other authorized enforcement agent or if the property owner, tenant, occupant, or agent having charge or control of a property cannot be located after a reasonable attempt has been made, the enforcement officer or other authorized enforcement agent must obtain an administrative inspection warrant pursuant to the procedures provided in California Code of Civil Procedure Section 1822.50 et seq., to conduct an inspection of said premises, unless otherwise authorized in this code or any other applicable law.

(Ord. No. 2348, § 5, 3-1-2010)

To enforce the provisions of the municipal code and/or applicable statutes, rules, codes or regulations, an Enforcement Officer or other authorized enforcement agent may inspect exterior code violations from a public street, sidewalk, park, or alley without the consent of the property owner, tenant, occupant or agent having charge or control of the premises upon which a violation may exist and without an inspection warrant.

(Ord. No. 2348, § 5, 3-1-2010)

To enforce the provisions of the Municipal Code and/or applicable statutes, rules, codes or regulations, an enforcement officer or other authorized enforcement agent may inspect exterior code violations from a neighbor's yard or residence without the consent of the property owner, tenant, occupant, or agent having charge or control of the premises upon which a violation may exist and without an inspection warrant provided that lawful access to the neighbor's yard or residence can be obtained and the exterior code violations are in plain view from the neighbor's yard or residence.

(Ord. No. 2348, § 5, 3-1-2010)

To enforce the provisions of the Municipal Code and/or applicable statutes, rules, codes or regulations, an enforcement officer or other authorized enforcement agent may inspect the common areas of multi-housing complexes, commercial projects, gated communities, mobile home parks and other similar developments, without the consent of the property owner, tenant, occupant or agent having charge or control of the premises and without an inspection warrant, provided that such common areas are accessible to members of the general public.

(Ord. No. 2348, § 5, 3-1-2010)

To enforce the provisions of the Municipal Code and/or applicable statutes, rules, codes or regulations, an Enforcement Officer or other authorized enforcement agent may inspect open undeveloped areas without the consent of the property owner or agent having charge or control of the premises and without an inspection warrant provided that the subject area is accessible to members of the general public and open to public view.

(Ord. No. 2348, § 5, 3-1-2010)

Use of optical aids such as flashlights and binoculars may be used to conduct inspections of exterior code violations if such violations could otherwise be seen during normal daylight hours or at close range without such optical aids from a location that the observing individual is legally entitled to be located upon.

(Ord. No. 2348, § 5, 3-1-2010)

To enforce the provisions of the Municipal Code and/or other applicable statutes, rules, codes or regulations, an enforcement officer or other authorized enforcement agent may inspect service oriented businesses pursuant to the Municipal Code and other applicable statutes, rules, codes or regulations.

(Ord. No. 2348, § 5, 3-1-2010)

Nothing in this chapter shall prohibit or preclude inspections conducted pursuant to any applicable statute, rule, code, regulation or inspection warrant for purposes of inspections related to the respective statute, rule, code, regulation or inspection warrant.

(Ord. No. 2348, § 5, 3-1-2010)

Any property owner, tenant, occupant or agent having charge or control of the premises who refuses to permit an inspection pursuant to any court issued inspection warrant shall be subject to arrest by the enforcement officer or other authorized enforcement agent, in accordance with Section 1.09.070 of this Municipal Code. Forcible execution of said inspection under such circumstance shall be permitted only if the warrant expressly grants permission for such forcible entry.

(Ord. No. 2348, § 5, 3-1-2010)