Rancho Mirage Municipal Code Ch. 14.50 Inspection

A code compliance officer or other authorized enforcement agent shall have the authority to enter upon any real property or premises to ascertain whether the provisions of the Municipal Code and/or applicable statutes, rules, codes and regulations are being obeyed and to make any examinations and surveys as may be necessary in the performance of his/her code compliance duties. Inspections may include and/or involve the taking of photographs, samples, or other physical evidence and conferring with persons present.

(Ord. 870 § 2, 2004)

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 code compliance 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 code compliance officer or other authorized agent may enter the building or premises at reasonable times to inspect or to perform duties imposed by this Title 14 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. 870 § 2, 2004)

A code compliance 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 provided by a court-issued inspection warrant.

(Ord. 870 § 2, 2004)

A code compliance 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 provided by a court-issued inspection warrant.

(Ord. 870 § 2, 2004)

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 code compliance 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 code compliance 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. 870 § 2, 2004)

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 a code compliance 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 code compliance 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 provided in this Title 14 or any other applicable law.

(Ord. 870 § 2, 2004)

To enforce the provisions of the Municipal Code and/or applicable statutes, rules, codes or regulations, a code compliance 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. 870 § 2, 2004)

To enforce the provisions of the Municipal Code and/or applicable statutes, rules, codes or regulations, a code compliance officer or other authorized enforcement agent may inspect exterior code violations from a neighbor's yard 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 can be obtained and the exterior code violations are in plain view from the neighbor's yard.

(Ord. 870 § 2, 2004)

To enforce the provisions of the Municipal Code, and/or applicable statutes, rules, codes or regulations, a code compliance officer or other authorized enforcement agent may inspect abandoned buildings and property 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 property and/or building or buildings are unoccupied and have not been secured against unlawful entry.

(Ord. 870 § 2, 2004)

To enforce the provisions of the Municipal Code and/or applicable statutes, rules, codes or regulations, a code compliance 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. 870 § 2, 2004)

To enforce the provisions of the Municipal Code and/or applicable statutes, rules, codes or regulations, a code compliance 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. 870 § 2, 2004)

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. 870 § 2, 2004)

To enforce the provisions of the Municipal Code and/or applicable statutes, rules, codes or regulations, a compliance officer or other authorized enforcement agent may use aerial surveillance to inspect an enclosed yard that is visible from the air space above 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 surveillance does not cause unnecessary noise, dust or threaten injury.

(Ord. 870 § 2, 2004)

To enforce the provisions of the Municipal Code and/or other applicable statutes, rules, codes or regulations, a code compliance 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. 870 § 2, 2004)

To enforce the provisions of Municipal Code Chapter 7.03, a code compliance officer or other authorized enforcement agent may conduct inspections regarding provisions pertaining to stormwater management and discharge controls pursuant to Municipal Code Chapter 7.03 and other applicable statutes, rules, codes or regulations.

(Ord. 870 § 2, 2004)

Nothing in this chapter 14.50 shall prohibit or preclude inspections conducted pursuant to the California Building Code as adopted pursuant to Municipal Code Chapter 15.04.

(Ord. 870 § 2, 2004)

Nothing in this chapter 14.50 shall prohibit or preclude inspections conducted pursuant to the Uniform Administrative Code as adopted pursuant to Municipal Code Chapter 15.10.

(Ord. 870 § 2, 2004)

Nothing in this chapter 14.50 shall prohibit or preclude inspections conducted pursuant to the California Plumbing Code as adopted pursuant to Municipal Code Chapter 15.08.

(Ord. 870 § 2, 2004)

Nothing in this chapter 14.50 shall prohibit or preclude inspections conducted pursuant to the California Mechanical Code as adopted pursuant to Municipal Code Chapter 15.08.

(Ord. 870 § 2, 2004)

Nothing in this chapter 14.50 shall prohibit or preclude inspections conducted pursuant to the California Electrical Code as adopted pursuant to Municipal Code Chapter 15.10.

(Ord. 870 § 2, 2004)

Nothing in this chapter 14.50 shall prohibit or preclude inspections conducted pursuant to the Uniform Code for the Abatement of Dangerous Buildings as adopted pursuant to Municipal Code Chapter 15.08.

(Ord. 870 § 2, 2004)

Nothing in this chapter 14.50 shall prohibit or preclude inspections conducted pursuant to the Uniform Housing Code as adopted pursuant to Municipal Code Chapter 15.08.

(Ord. 870 § 2, 2004)

Nothing in this chapter 14.50 shall prohibit or preclude inspections conducted pursuant to the California Fire Code as adopted pursuant to Municipal Code Chapter 15.12.

(Ord. 870 § 2, 2004)

Nothing in this chapter 14.50 shall prohibit or preclude inspections conducted pursuant to the Uniform Swimming Pool, Spa and Hot Tub Code as adopted pursuant to Municipal Code Chapter 15.08.

(Ord. 870 § 2, 2004)

Nothing in this chapter 14.50 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. 870 § 2, 2004)

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 code compliance officer or other authorized enforcement agent. Forcible execution of said inspection under such circumstance shall be permitted only if the warrant expressly grants permission for such forcible entry.

(Ord. 870 § 2, 2004)