City Inspector Rights

[mrtoledo]

What is the name of your state? Michigan

If a neighbor (in a residential area) makes a complaint about a code violation (PM-303.1), is the city inspector able to enter the property without authorization to inspect the property? Or would this fall under the same guidelines that requires law enforcement to obtain warrant?

[CdwJava]

Originally Posted by mrtoledo

What is the name of your state? Michigan

If a neighbor (in a residential area) makes a complaint about a code violation (PM-303.1), is the city inspector able to enter the property without authorization to inspect the property? Or would this fall under the same guidelines that requires law enforcement to obtain warrant?

What is the nature of the violation?

In many cases, yes, they CAN come on to your property - especially if the nature of the allegation is one that can endanger health or property. If it is simply that you have installed a rain gutter without the proper permits, then I doubt it.

- Carl

[mrtoledo]

The old guy next door is complaining about dog feces in the yard.

[CdwJava]

Originally Posted by mrtoledo

The old guy next door is complaining about dog feces in the yard.

Well, if the feces can be seen or smelled from the other guy's yard, and it can be construed as constituting a health hazard, they just might be able to enter the property as it is a "crime" in progress. And, public health exceptions are an exception to the warrant requirement.

- Carl

[JETX]

Originally Posted by mrtoledo

If a neighbor (in a residential area) makes a complaint about a code violation (PM-303.1), is the city inspector able to enter the property without authorization to inspect the property? Or would this fall under the same guidelines that requires law enforcement to obtain warrant?

After doing a little research, it appears that this is a municipal code violation for the city of Gladstone, Michigan.
Here is the Code:
PM-303.1 Sanitation: All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property, which such occupant occupies or controls in a clean and sanitary condition.

As for your answer of whether the inspector can enter, that is answered in the following:
PM-105.3 Right of entry: The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law.

All of the above is found at:
[url]http://www.gladstonemi.org/propertymain.htm[/url]

[mrtoledo]

Originally Posted by JETX

After doing a little research, it appears that this is a municipal code violation for the city of Gladstone, Michigan.

PM-105.3 Right of entry: The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law.

All of the above is found at:
[url]http://www.gladstonemi.org/propertymain.htm[/url]

Doing searches I find multiple cities is a few different states that have the same numbering scheme and writing of codes. I can not find nothing in particular to my city (Eastpointe). Information I found for other cities is worded similair to the above.

Is your opinion, the inspector should have asked before entering my back yard?

[JETX]

Originally Posted by mrtoledo

Is your opinion, the inspector should have asked before entering my back yard?

If your city has a similar ordinance as to access.... then yes, he should have asked.... but is not required to.

[<Bill>]

Look for East Detroit regulations, Eastpointe use to be ED but they thought property values may increase if the called it a pointe like "Grosse Pointe" instead of Detroit.