Code enforcement - right of entry

[mtlogcabin]

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?

It was a policy I carried with me from my experience in South Fl. We assisted the Section 8 housing folks with their inspections. It was their policy based on their history of lawsuits and payouts. As for a female inspector, I have never had one and may have to revise the policy at that time.

 

[Jobsaver]

The problem is that the occupant was caught unawares. And, yes, under virtually any circumstance, an occupant should be able to reschedule a safety inspection under this circumstance. The correct attitude of the officer should be a polite apology and eagerness to reschedule at an agreeable time.

Our constitution prohibits unreasonable searches (inspections) including unnannounced searches, or searches that are not specific, yet does allow for reasonable announced and specific searches. The idea is to establish a reasonable notification period, a good delivery system for that notification, and to be specific in what is being "searched" or inspected . . . ie: building code violations, property maintenance code violations.

I have systematically inspected apartment complexes and other type of rental properties in our jurisdiction for property maintenance violations, careful to establish a good notification process, but still caught some folks unawares. In every case, I am happy to reschedule, or, if requested by the owner or occupant, am happy to obtain a warrant if that is their preference.

Those that believe that officials cannot enter a private home are mis-informed. Those that suggest it is simply okay to shoot are mis-informed. I do not know what might become of a person who shoots first, only to discover later a notification was simply ignored.

This country would not be worth a damn to live in without the sensible restrictions placed on search (inspection) and seizure. But, what kind of place would it be to live in if there was no provision for search (inspection) or seizure?

 

[Frank]

There are provisions for inspections based on permission to enter, or probable cause and an administrative warrent.

The likelyhood of getting shot is based on just walking in without announcing one's presence and identifying oneself. A person sneeking into your domicile unannounced and unidentified is on its face threat to your person and your family that can be met with reasonable force. A resonable person waking up with a stranger in their bedroom is in resonable fear of attack from that uninvited person. Did not say is just ok to shoot first and ask questions later--but there had better not be any threatening moves and some quick explanations--reaching for an ID may be interpreted as reaching for a weapon. When as a volunteer firefighter I have entered a home responding to a medical alert with no answer at the door is it continuous "Hello Fire Department anybody home" and repeat as we look for possible downed person.

A recent similar tragedy in Virginia where a 16 year old snuck out the house got drunk and snuck back into the wrong house 2 doors down and was killed, as far as I know no charges have been filed as the homeowner was is reasonable fear.

http://news.yahoo.com/blogs/lookout/teen-fatally-shot-mistakenly-walked-wrong-house-163650001.html

 

[Yikes]

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.

Daddy-O, when you put it that way, it also sounds like the cliche start of a bad p*rn dialog:

"Pardon the unexpected visit, Ma'am, my department suspects something taboo has been going on in this house, but don't worry - -

I'm just here to make sure everything in your bedroom gets. done. right..."

(*bow-chicka-bow-wow*)

 

[Yikes]

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..........?

Jar, I concede I'm only hearing one side of the story. But I went to the California Building Code to see what was allowed, and CBC 1.8.4.1 "Right of entry for Enforcement" referred to the California Health and Safety Code Div. 13, part 1.5, and section 17972 states:

17972. No person authorized by this article to enter buildings shall enter any dwelling between the hours of 6 o'clock p.m. of any day and 8 o'clock a.m. of the succeeding day, without the consent of the owner or of the occupants of the dwelling, nor enter any dwelling in the absence of the occupants without a proper written order executed and issued by a court having jurisdiction to issue the order.

This certainly leaves upon the possibility that an authorized person CAN enter a dwelling between 8AM-6PM without consent, if the owner or occupant is present; and they CAN enter between 8AM-6PM without consent if the owner or occupant is absent, if they have obtained a court order.

If you want to see the Health and Safety code citation in context, see:

CA Codes (hsc:17970-17972)

 

[Rider Rick]

Mark K said in post #5 that the building code does not supersede our constitutional rights related to illegal search.

I would think this would be true even in California.

 

[ICE]

This certainly leaves upon the possibility that an authorized person CAN enter a dwelling between 8AM-6PM without consent, if the owner or occupant is present; and they CAN enter between 8AM-6PM without consent if the owner or occupant is absent, if they have obtained a court order.

I don't enter without an adult present that has the authority to allow me to enter. If that adult decides to leave me alone I go back outside. This is for my protection. Once inside, I do not open doors.

Today a man called to say that he was on for inspection of a patio cover demo and he couldn't be there. He assured me that the dwelling is not occupied and I had permission to enter the rear yard. What he doesn't know is that squatters have moved in. I found that out when a dog charged at me after I went through the gate to the back yard. I hate when that happens.

 

[Rider Rick]

Tiger'

I carry dog treats works every time.

 

[ICE]

Tiger'I carry dog treats works every time.

I've tried that but I'm trying to lose a few pounds.

 

[Francis Vineyard]

This is disgraceful! [uPDATED] Code enforcement gets caught illegally entering a home | Cop Block

Francis