Rohnert Park Municipal Code Ch. 1.12 Right-of-Entry for Inspection

For the purpose of this chapter the term "authorized person" means a person qualified by the city for employment by the particular department of the city for which the authorized person is conducting the inspection and who carries on his or her person properly executed identification and credentials from the Rohnert Park city manager or the department head of the particular department under whose authority or jurisdiction the inspection is being conducted, disclosing the picture, the name, the title and employer of the authorized person, together with any other or further information that the city manager or department head may desire to furnish.

Any definition of "authorized person" in the code relating to the particular department conducting the inspection shall take precedence over this definition unless this definition is consistent with such other definition.

(Ord. 254 § 1, 1975)

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 such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him 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 shall give the owner and/or occupant, if they can be located after reasonable effort, twenty-four 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 has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate.

Except in cases of emergency wherein the public health or safety is immediately threatened, no entry in or upon any private property shall be made unless the property owner has received personal notice either by the written notice above specified or by personal oral notice accompanied by written notice at the time of the inspection, that the property owner has the right to refuse entry if he so desires and the extent of his rights and duties if inspection is refused. In the event the owner and/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.

(Ord. 254 § 2, 1975)