§ 45-24.3-15 - Inspections – Powers and duties of the enforcing officer.
SECTION 45-24.3-15
§ 45-24.3-15 Inspections – Powers andduties of the enforcing officer. – (a) The enforcing officer shall enforce the provisions of this chapter and isauthorized and directed to make inspections pursuant to one or more of theplans for inspection authorized by § 45-24.3-14; or in response to acomplaint that an alleged violation of this chapter or of applicable rules orregulations pursuant to this chapter may exist; or when the enforcing officerhas valid reason to believe that a violation of this chapter or any rules andregulations pursuant to this chapter has been or is being committed.
(b) The enforcing officer is authorized to enter and inspectbetween the hours of eight o'clock (8:00) a.m. and five o'clock (5:00) p.m. alldwellings, dwelling units, rooming houses, rooming units, dormitory rooms, andstructures subject to this chapter, for the purpose of determining whetherthere is compliance with its provisions.
(c) The enforcing officer is hereby authorized to inspect thepremises surrounding dwellings, dwelling units, rooming houses, rooming units,dormitory rooms, and structures subject to this chapter, for the purpose ofdetermining whether there is compliance with its provisions.
(d) The enforcing officer and the owner, occupant, or otherperson in charge of a dwelling, dwelling unit, rooming unit, rooming house,dormitory room, or structure subject to this chapter, may agree to aninspection by appointment at a time other than the hours provided in thissection.
(e) The owner, occupant, or other person in charge of adwelling, dwelling unit, rooming unit, rooming house, dormitory room, orstructure upon presentation of proper identification by the enforcing officer,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, must givethe enforcing officer entry and free access to every part of the dwelling,dwelling unit, rooming unit or dormitory room, or structure or to the premisessurrounding any of these.
(f) The enforcing officer must keep confidential all evidenceand information not related to the purposes of this chapter which he or she maydiscover or obtain in the course of an inspection made pursuant to thissection, and that evidence shall be considered privileged. Evidence so obtainedshall not be disclosed except as may be necessary in the judgment of theenforcing officer for the proper and effective administration and enforcementof the provisions of this chapter and rules and regulations issued pursuant tothis chapter, and shall not otherwise be admissible in any judicial proceedingwithout the consent of the owner, occupant, or other person in charge of thedwelling unit or rooming unit, or structure, inspected.
(g) If any owner, occupant, or other person in charge of adwelling, dwelling unit or rooming unit, or of a multiple dwelling or a roominghouse or structure, fails or refuses to permit free access and entry to thestructure or premises under his or her control, or any part thereof, withrespect to which an inspection authorized by this chapter is sought to be made,the enforcing officer may, upon a showing that probable cause exists for theinspection and for the issuance of an order directing compliance with theinspection requirements of this section with respect to the dwelling, dwellingunit, rooming unit, multiple dwelling, or rooming house or structure, petitionand obtain an order from a court of competent jurisdiction.
(h) Any person who refuses to comply with an order issuedpursuant to this section is subject to penalties that may be authorized by lawfor violation of a court order.
(i) The enforcing officer has the right to prosecute for anyviolation of this chapter as provided by law, and is authorized to execute allwarrants, with the exception of search warrants, for the violation of laws,rules, and regulations relating to this chapter and to serve subpoenas issuedfor the trial of all offenses against the laws, rules, and regulations relatingto this chapter.