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Code enforcement - right of entry

Y

Yikes

SAWHORSE
Joined
Nov 2, 2009
Messages
3,947
Location
Southern California
Here in So Cal, my brother's friends wife was just waking up when a code enforcement inspector opened her bedroom door! The inspector said he was checking for illegal construction.

She was shocked, covered herself up, and demanded he leave immediately. He said the code gave him the right to enter if he suspected there was an unsafe condition in the house. He did not elaborate as to what constituted an unsafe condition, but it turned out there was no illegal construction.

Obviously, I'm hearing this story second-hand, and there are two sides to every story. Nonetheless, it raises several questions:

1. What right does a code enforcement officer have to enter a house unannounced?

2. How does this right differ from (for example) a policeman to enter a house without a search warrant? A firefighter?

3. If the right is based on life safety, must there exist evidence of an "imminent threat" to safety to allow legal entry by the enforcement official? For example, could drywall footprints on the driveway, and the sound of saws and nail guns inside the house, be enough to alone constitute evidence of imminent threat?

4. Can a homeowner refuse entry to a code official who politely asks to view what he/she believes is potentially illegal construciton work inside a house?... or demand they obtain a warrant?
 
I agree with Coug Dad, in my casa he would not have had a chance to explain anything, wifey knows how to chamber a round. If that was what actually went down, at the very least he needs to be reported.
 
Brother's-Friend's-Wife then to you. 4th hand information so I give it a 0 for accuracy and merit on the 0-10 scale. Yeah, not making any sense and I am sure there is much more to the story, or so I think..........?
 
What some inspectors do not realize is that the building code does not supersede our constitutional rights related to illegal search.

This also makes the point that we should not assume that just because something is stated in the building code that it is legal.
 
Yikes said:
Here in So Cal, my brother's friends wife was just waking up when a code enforcement inspector opened her bedroom door! The inspector said he was checking for illegal construction. She was shocked, covered herself up, and demanded he leave immediately. He said the code gave him the right to enter if he suspected there was an unsafe condition in the house. He did not elaborate as to what constituted an unsafe condition, but it turned out there was no illegal construction.

Obviously, I'm hearing this story second-hand, and there are two sides to every story. Nonetheless, it raises several questions:

1. What right does a code enforcement officer have to enter a house unannounced?

2. How does this right differ from (for example) a policeman to enter a house without a search warrant? A firefighter?

3. If the right is based on life safety, must there exist evidence of an "imminent threat" to safety to allow legal entry by the enforcement official? For example, could drywall footprints on the driveway, and the sound of saws and nail guns inside the house, be enough to alone constitute evidence of imminent threat?

4. Can a homeowner refuse entry to a code official who politely asks to view what he/she believes is potentially illegal construciton work inside a house?... or demand they obtain a warrant?
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Rental or buying the house ???

Yes any owner or renter can refuse entry

Tell them get a warrant

Fire and police can enter under certain cercimstances without a warrant, but not in a case of undocumented construction

Sounds like the media needs to get involved. More than likely not the first time

Also maybe lawyer for law suit
 
Code enforcement is different than building inspection so I don't know what authority a code enforcement inspector might have. The jurisdiction can empower the code inspector as they see fit. Some have badges ... some carry guns.

I have a hard time believing that a lone inspector entered an occupied dwelling unannounced and .....well maybe he's one that carries a gun.
 
Code enforcement is no different and even the Cops know that the gun does not give them permission to enter without a warrent
 
Besides the constitution itself::

Right of Entry

Discussion and Court Findings

Sample Right of Entry Provisions

Kennewick Municipal Code Ch. 1.20 () - Right of Entry for Inspection

Lewis County Code Ch. 1.25 - Entry Policy

Discussion on Right of Entry

Consensual searches are not unreasonable and do not require a warrant. However, it is now advised that a warrant be obtained to enter property when permission is not obtained. In a Ninth Circuit Court case involving the City of Santa Ana, Connor v. Santa Ana, 897 F.2d 1487 (9th Cir. 1990), the court held that a warrant was required prior to entering property to inspect for a nuisance violation. This was based on the fourth amendment of the U.S. Constitution due process clause.

A warrant may not be needed for a nuisance that is located in plain view, such as in an open front yard. This is the holding in Ninth Circuit Court of Appeals case, Schneider v. County of San Diego, 28 F.3d 89 (9th Cir.1994). In this case the court addressed the legality of the county abating a nuisance on private property, after all the proper notices had been given to the property owner. The court recognized an exception in regard to searches on private property where the activity takes place in open fields, where there is no recognized expectation of privacy.

City of Pasco v. Shaw, 161 Wn.2d 450 (2007). To address a problem with the poor conditions of some rental units within the city, the city council passed an ordinance requiring landlords, to be licensed by the city, have inspections made of their rental units and furnish the city with certificates of inspectors certify that their units met applicable building codes. A challenge was brought, arguing that the required inspections constituted improper searches and that the inspection ordinance was too vague to be enforceable. On appeal, the court disagreed.
 
Great question.

Right now today this same thing came up with my neighbor.

1950 house in Calif. City Code Enforcement Officer leaves message on their tape that some one called in a complaint that they have a non permitted washer and dryer and storage in their garage and the inspector needs to do a quick ten minute walk through.

What rights if any do they have?
 
Rider Rick said:
What rights if any do they have?
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They can say no. They can say yes. They can say nothing. I wonder what is going to take an inspector ten minutes to walk through. An illegal laundry and storage in the garage doesn't get an inspector a tour of the house unless he is invited. If the laundry is outdoors the house is off limits.

I read it again and perhaps the laundry is in the garage. Wherever the laundry is, it probably needs permits.
 
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Rider Rick said:
Great question.Right now today this same thing came up with my neighbor.

1950 house in Calif. City Code Enforcement Officer leaves message on their tape that some one called in a complaint that they have a non permitted washer and dryer and storage in their garage and the inspector needs to do a quick ten minute walk through.

What rights if any do they have?
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Keep the garage door shut and see if the judge will sign the warrant!!!
 
For this type of scenario should reference Camara v. Municipal Court of the City and County of San Francisco (1967), the Supreme Court held that the occupant, it need not be the owner does not consent to an inspection a warrant must be obtained. And if the occupant does give consent uncertainty will exists unless the building official get it in writing.

Michigan v. Tyler (1978) for fires and "imminent threats" are extraordinary circumstances based upon external or plain view observations.

There's another earlier case where a permit is obtained for repairs but the 4th amendment still applied should the owner/occupant refused an inspection of the work.

Francis
 
There is no reason to abandon the 4th amendment. Code enforcement, law enforcement and all inspector types who will be entering someone else's property need to be properly trained in the law before they set foot on the first piece of property they will enter as an official. There should never be a situation where someone wakes up to an unannounced "safety inspection" of their bedroom with them in bed, unless it is some kind of vampire book or something. If access is that important, take it to the judge like everyone else.
 
In my province the Community Planning Act gives me the right to enter as a building inspector at any "reasonable time". If the owner refuses entry I have to get a demand to enter from the provincial cheif building inspector. As a minimum standards officer the Dangerous and Unsightly act gives me right to enter. If the owner refuses I have to get an entry warrant (easier to get than a police warrant) from a judge. For any of our municipal by-laws I have no right to enter unless there is a situation that threatens the safety of the public.

Here you'd be lucky if the worst thing that happened to you is that you were fired. Where I work if you step outside of what you are legally appointed to do you are personally liable.
 
Walking into occupied dwelling unannounced for an inspection that had not been requested would get you fired or fired on here. Our policy is not to go into an occupied dwelling even if left open for us, without some one being home and letting the inspector in.

Heck even with FD when responding to medical alarm knock and announce regularly as going through house looking for possible downed person--just to make sure some one does not mistake us for intruder and mistakenly defend themself.

Now if see smoke or flames the door goes down and the hoses go in.
 
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You have to get a warrant if access is denied by occupant or property owner. My inspectors will not even go into an occupied structure unless an adult is present. Just because the code says you can enter "at any reasonable time" does not make entry legal.

In previous jurisdictions, I have had to go into occupied dwellings, there again, I would not go in unless an adult was present.i

Besides, as said in a prior post, that kind of stuff will get you shot here.
 
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My inspectors will not even go into an occupied structure unless an adult is present
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We usually have 2 inspectors on an existing residence if we know it will be a lone female present to allow access. To easy for a she said he said to ruin an individuals professional and personal life over a false or misunderstood comment.
 
mtlogcabin stated "We usually have 2 inspectors on an existing residence if we know it will be a lone female present to allow access. To easy for a she said he said to ruin an individuals professional and personal life over a false or misunderstood comment."

Understand the logic but it is also a little sexist. If you had a female inspector does this mean that she would not enter a residence if a lone male were present?
 
Greeings,

We should all be very cautious when entering a structure anyway. My brotherinlaw went into an "unoccupied house" to do an appraisal as he had done for 30 years. Had keys, goes in yelling to an empty house so as to not surprise anyone and gets hit in the head with a baseball bat by a squatter! Almost killed him! He did survive. The guy that hit him was just shy of 18, tried in juvenile court and got off without any punishment too. The judge would not even let my broinlaw speak at the proceedings.

Can't be too careful.

BSSTG
 
Mark K said:
mtlogcabin stated "We usually have 2 inspectors on an existing residence if we know it will be a lone female present to allow access. To easy for a she said he said to ruin an individuals professional and personal life over a false or misunderstood comment."Understand the logic but it is also a little sexist. If you had a female inspector does this mean that she would not enter a residence if a lone male were present?
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had a nunery that would not let male inspectors in, had to send female
 
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