# Code enforcement - right of entry



## Yikes

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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## Coug Dad

I think that inspector needs to be arrested and prosecuted.  He is lucky the wife was not carrying.


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## fatboy

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.


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## jar546

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..........?


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## Mark K

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.


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## cda

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?


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


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## ICE

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.


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## Mark K

Code enforcement is no different and even the Cops know that the gun does not give them permission  to enter without a warrent


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## cda

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.


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## Rider Rick

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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## ICE

Rider Rick said:
			
		

> What rights if any do they have?


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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## cda

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?


Keep the garage door shut and see if the judge will sign the warrant!!!


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## cda

Code enforcement officer fired for entering home - WLTZ 38 | Columbus Georgia Regional News & Community


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## Francis Vineyard

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


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## Daddy-0-

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.


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## Rider Rick

My Neighbor says no way to entry.


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## BSSTG

Greetings,

Folks get shot here in Tx for that.

BS


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## tmurray

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.


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## Frank

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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## cboboggs

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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## mtlogcabin

> My inspectors will not even go into an occupied structure unless an adult is present


 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.


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## Mark K

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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## BSSTG

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


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## cda

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?


had a nunery that would not let male inspectors in, had to send female


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## mtlogcabin

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?


 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.


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## 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?


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## 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


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## Yikes

Daddy-0- said:
			
		

> 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*)


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## Yikes

jar546 said:
			
		

> 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)


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## 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.


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## ICE

Yikes said:
			
		

> 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.


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## Rider Rick

Tiger'

I carry dog treats works every time.


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## ICE

Rider Rick said:
			
		

> Tiger'I carry dog treats works every time.


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


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## Francis Vineyard

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

Francis


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