To Whom Does "DO NOT TRESPASS" not apply

[mjkatzbarry]

What is the name of your state (only U.S. law)? Oregon

I have some commercial property that is currently vacant and posted with several very visible "DO NOT TRESPASS" signs on the property. These signs can not be missed. The property was broken into several times and entered by some transients and a thief or two which stole wiring and plumbing fixtures, and anything else that they could take and sell. After replacing these locks no less than 4 x's, I figured there was nothing more for them to steal, so I quit replacing The locks, However; Whenever I noticed a transient in the building, I went to court to testify against them each and every time. For some reason a city inspector went into this building and listed that the wiring and plumbing needed to be fixed and if it were not done by a specific date the city started placing a lien on the property. Is the city inspector allowed to enter private property that has no trespassing signs posted on it. Thank you.

 

[FlyingRon]

You don't say what municipality but most do have ordinances that give the inspectors right of entry. Tresspass signs don't apply and no they don't need warrants.

 

[tranquility]

Yes, they can. Most inspectors have rights too....inspect. As long as the goal is not a law enforcement function (where the 4th amendment comes into play), they can reasonably inspect property. Generally, that means they can go to a place where the public would normally be allowed. If they see more from there that is under their purview, they can inspect that further. Without locks, they might go inside to look around--depending. It really depends on all the facts and the specific inspection statutes/ordinances in your county, city or Oregon.

The sign means nothing to the inspector. They have the right or no, notwithstanding the sign. The key is how they came about their knowledge and what led them to the next step. Every once in a while, inspectors (Actually, their agency.) get sued for tons of money. I don't recall them losing in most cases. Sure, there have been some outrageous actions taken, but that is not usually the case.

Info edit:
For instance, one such statute/ordinance for Assessors can be found at:
http://www.portlandonline.com/auditor/index.cfm?a=18234&c=28735

 

[justalayman]

I have to take issue with the others. . The 4th amendment is pretty clear on the requirement of a search warrant being required for a governmental entity to enter private property and it must be based on probable cause. There is an exception for an administrative inspection though but even in the case of an administrative exception, an administrative inspection may be made without a warrant if the business searched is one in which there is a legitimate public interest in close regulation and if the search is conducted under the authority of a statute meeting certain specificity requirements.

Since this is an unoccupied building, there is no legitimate public interest involved, even if there was such statute allowing the administrative warrants generally. If the inspector believes there is just cause to inspect the building, if the state or local statutes allow for it, he can apply for an administrative inspection warrant.

 

[mjkatzbarry]

Thank you for your answers. Although this is commercial zoned. It is a combination. that is not open to the public like a store. at one time. The bottom half was a business. By appointment only. The top portion was a private residence an apartment. That is the portion that the inspector went into. A person's home all though it was vacant it was a residence. All of the windows and doors were boarded on the entire property except this one entrance that was never open to the public. The private entrance. It was not street level he went upstairs and I am not sure why he was inspecting it. Do these additional facts make a difference. This happened in the county of Multnomah. Thank you

 

[justalayman]

within or not within any particular city limits. Tranquility did link to what appears to be the applicable ordinance for Portland. If within another city, which city or outside of any city limits.

 

[latigo]

What is the name of your state (only U.S. law)? Oregon

I have some commercial property that is currently vacant and posted with several very visible "DO NOT TRESPASS" signs on the property. These signs can not be missed. The property was broken into several times and entered by some transients and a thief or two which stole wiring and plumbing fixtures, and anything else that they could take and sell. After replacing these locks no less than 4 x's, I figured there was nothing more for them to steal, so I quit replacing The locks, However; Whenever I noticed a transient in the building, I went to court to testify against them each and every time. For some reason a city inspector went into this building and listed that the wiring and plumbing needed to be fixed and if it were not done by a specific date the city started placing a lien on the property. Is the city inspector allowed to enter private property that has no trespassing signs posted on it. Thank you.

You may not be aware of any insanity in your family, but your grandchildren will!

What an idiotic question. Compounded by the inane assumption that would be thieves would pay any attention to such signs or that they wouldn’t entice.

[SUP]But then of course this may be a test question in contemplation of doing some "cooking" in one of those abandon sheds.[/SUP]

 

[ecmst12]

I can see a legitimate public interest in inspecting a vacant, un-maintained building. Could be a danger to the neighboring buildings and is certainly contributing to blight in the area. I would suggest that rather than leaving the building unlocked and unprotected and unmaintained, OP should take stronger steps to secure his property such as better locks, and/or a nice high fence.

 

[latigo]

I can see a legitimate public interest in inspecting a vacant, un-maintained building. . . . .

Good gracious! How your cup runneth over with perspicacity.

 

[FarmerJ]

If the apartment upstairs is empty too maybe its time to install either iron gates over the doors to all entrances or them scissor jack style gates like Ive seen all over Chicago years ago and last but not least get just enough of the electric working to have a alarm system installed. As far as the building inspector goes what work orders has the inspector written ?

 

[OHRoadwarrior]

Apparently, that is what the plywood was for.

I can see a legitimate public interest in inspecting a vacant, un-maintained building. Could be a danger to the neighboring buildings and is certainly contributing to blight in the area. I would suggest that rather than leaving the building unlocked and unprotected and unmaintained, OP should take stronger steps to secure his property such as better locks, and/or a nice high fence.

 

[FarmerJ]

after re reading , ok city inspector is making issue with wiring & plumbing repairs so if NO one is going to rent from you for the time being upstairs you are free to go to the city inspectors boss and learn if you can simply delay any repairs to the residential unit until you either sell or get a lease signed for the downstairs. By leaving this property not secure your not going to earn any brownie points with any one in city hall, ply wood board ups are ugly and in some citys earn lots of attention from inspectors. Gates / grill work , bars arent exactly pretty either but do a job keeping people out and can make it easy for others to see things like if you go in and at least paint and maybe use dawn to dusk eye to run a few lights inside, you can have your for rent or for sale sign in window , you can even do what one landlord had done in Cambridge Mn they had huge sign in window ` ALL copper pipe has already been stolen`

 

[ecmst12]

Boarded up/obviously vacant & unmaintained buildings ALSO attract the attention of transients and vandals much more than occupied/maintained/secure building do....probably related to why city officials try to keep a closer eye on them.

 

[justalayman]

Boarded up/obviously vacant & unmaintained buildings ALSO attract the attention of transients and vandals much more than occupied/maintained/secure building do....probably related to why city officials try to keep a closer eye on them.

but that does not mean they have a right of entry. The law linked is for the largest city in Multnomah county. Due to how the state laws and relative court decisions affect all areas within the state in a like manner, other cities and possible even counties will likely have a similar law.

2. Unoccupied Property.
a. If the property is unoccupied, the Director shall contact the property owner, or other persons having charge or control of the property, and request entry. If entry is refused, the Director may attempt to obtain entry by obtaining an inspection warrant.
b. If structures on the property are unoccupied, the Director shall first make a reasonable attempt to locate the owner or other persons having charge or control of the property and request entry. If entry is refused, the Director may attempt to obtain entry by obtaining an inspection warrant; or

3. Open, Unoccupied Property. If any structure on the property is unoccupied and open:
a. The Director shall notify the owner of the property’s condition and order the owner, or other persons having charge or control of the property, to immediately secure the premises against the entry of unauthorized persons. If the property is not secured within fifteen (15) days from the date notice is sent, the Director may secure the property as provided in PCC Chapter 29.20.
b. If the Director believes that a hazardous condition exists, the Director may immediately secure the property as provided in PCC Chapter 29.20. Following the summary abatement, the Director shall notify the owner, or other persons having charge or control of the property, of the condition of the property and request entry. If entry is refused, the Director may attempt to obtain entry by obtaining an inspection or abatement warrant.