§ 18-61. Enforcement generally.

(a)

The chief of police is hereby authorized and directed to administer and enforce all of the provisions of this article. Authorized agents of the department may be selected and vested by the chief of police with the police power to prosecute persons charged with violating the terms of this article and to take all necessary steps to ensure compliance with the terms of this article.

(b)

Whenever necessary to make an inspection or to enforce any of the provisions of this article or whenever the chief of police has reasonable cause to believe that there exists in any building or structure any condition which makes such building or structure unsafe, the chief of police may enter the building or structure during normal work hours with the consent of the owner or an inspection warrant to inspect the same or to perform any duty imposed upon the chief of police by this article.

(1)

If such property is occupied, the chief of police shall first present proper credentials and request and obtain consent to enter before entering the building or structure. Reasonable effort must be made to locate the owner or other persons having charge or control of the property when seeking permission for entry.

(2)

If no consent has been given to enter or inspect any building or structure, no entry or inspection shall be made without the procurement of a warrant from a magistrate of DeKalb County, or a judge of the State or Superior Court of DeKalb County.

(3)

The person seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property.

(4)

The chief of police may enter the premises without consent or an inspection warrant to make an inspection or enforce any provisions of this Code only if so authorized by state or federal law.

(Ord. No. 33-03, Pt. I, 12-23-03)