§ 20-134. Inspections: powers and duties of the Director of Health.

(a)

Whenever the Director of Health is denied access to any premises, he shall obtain a search warrant from a court of competent jurisdiction.

(b)

The Director of Health is hereby authorized and directed to make inspections pursuant to one (1) or more of the plans for inspection authorized by section 20-133, or in response to a complaint that an alleged violation of the provisions of this article or of applicable rules or regulations pursuant thereto has been committed, or when the Director of Health has valid reason to believe that a violation of this article or any rules and regulations pursuant thereto has been committed.

(c)

The Director of Health is hereby authorized to enter and inspect between the hours of 8:00 a.m. and 5:00 p.m. all dwellings, dwelling units, roominghouses, rooming units, dormitories, dormitory units, hotel and hotel units subject to the provisions of this article for the purpose of determining whether there is compliance with its provisions.

(d)

The Director of Health is hereby authorized to inspect the premises surrounding dwellings, dwelling units, roominghouses, rooming units, and hotels subject to this article for the purpose of determining whether there is compliance with its provisions.

(e)

The Director of Health and the owner, owner's agent, or occupant of a dwelling, dwelling unit, rooming unit, roominghouse or dormitory room subject to this article may agree to an inspection by appointment at a time other than the hours provided by this article.

(f)

The owner, owner's agent, or occupant of a dwelling, dwelling unit, rooming unit, roominghouse, hotel or hotel unit, upon presentation by the Director of Health of proper identification, a copy of any relevant plan of inspection pursuant to which entry is sought, and a schedule of the specific areas and facilities to be inspected, shall give the Director of Health entry and free access to every part of the dwelling, dwelling unit, rooming unit, hotel or hotel unit or to the premises surrounding any of these. Before making inspections within a contiguous area pursuant to a plan authorized in subsection (b) of this section, the Director of Health shall first consult with organizations representative of property owners and other residents of such contiguous area, if any such organizations exist.

(g)

The Director of Health shall keep confidential all evidence not related to the purposes of this article and any rules and regulations pursuant thereto which he may discover in the course of the inspection. Such evidence shall be considered privileged, and shall not be admissible in any judicial proceeding without the consent of the owner, other person in charge, or occupant of the dwelling unit or rooming unit so inspected.

(h)

If any owner, owner's agent, or occupant of a dwelling, dwelling unit or rooming unit, or a multiple dwelling or roominghouse subject to the provisions of this article refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to every part of the structure or premises where inspection authorized by this division is sought, the Director of Health may seek in a court of competent jurisdiction an order that such owner, occupant or other person in charge cease and desist with such interference.

(Code 1961, § 10-13; Ord. No. 241, 3-6-1979; Ord. No. 468, 5-4-1993)