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ORD 2003-28 RIGHT OF ENTRY ORDINANCE NO. 2003-28 AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, RELATING TO THE RIGHT OF ENTRY; AMENDING CHAPTER 1.16, SECTION 1.26.020C, 13.16.010, 13.24.130, AND 1S.21.060A OF THE BAINBRIDGE ISLAND MUNICIPAL CODE; AND REPEALING SECTION 15.21.060B OF THE BAINBRIDGE ISLAND MUNICIPAL CODE. WI~REAS, the City Council is authorized to modify the City code in accordance with Washington State laws; and WI:IEREAS, the current City code contains provisions that were adopted .after incorporation in 1947 when the City's population was less than 3,100 persons and the City's area was less than three square miles, provisions that were taken from or based on Kitsap County and City of Winslow codes, and provisions that were adopted aiter annexing the remainder of the island in 1991; and WI:IEREAS, the City Council desires to remove conflicts and redundancies from the current code; and WlqEREAS, Resolution 2002-38 sets a goal to revise the code to provide for internal consistency and clarity; and vqltEREAS, Chapter 1.16 BIMC, relating to the fight of entry, is designed to apply to all tit_les, chapters and sections of the code; now, therefore THE CITY COUNCIL OF THE CITY OF BAINBKIDGE ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 1.16 of the Bainbridge Island Municipal Code is amended to read as follows: 1.16.010 Authorized. ,g.A. Prior to entering the building or-propen'y, the city officer, official or en~loyee shall comply with BIMC 1.16.020, except in the case of an emergency or when consent to the entr~ has been obtained otherwise. 13_4. Any officer, official or employee of the city is authorized to enter any building or property: 1. to inspect, observe, measure, sample, test or investigate the building or property in connection with the review of a permit or license application, 2. to inspect, observe, measure, sample, test or investigate any condition relating to, or to operate, maintain, or repair any city utility or facility, 3. to inspect reported conditions, Ordinance 2003-28; Amending Chapter 1.16, Right of Entry Page 1 of 5 first t~acling: 6/25103 · 4. to perform periodic inspections required by any provision of this code, ' 5. to assess compliance with any permit, license or approval, 6. to make an inspection or to othemrise enforce any provision of this code or any ordinance of the city, 7. to meet the scheduled requirements of recorded agreements, such as an open space management plan, 8. when cause exists to believe that a violation of this code or any city ordinance was or is being committed, or 9. for any other reason required by this code or any city ordinance. 1.16.020 Manner of entry. Any officer, official or employee of the city may enter any building or property during regular city business hours and at other reasonable times in accordance with this chapter for purposes stated in BIMC 1.16.010. A. If the building or property to be inspected is occupied, the officer, official or employee shall present city credentials including photo identification to the owner or person responsible for the building or property, state the reason for the inspection, and request entry. B. If the building or property to be inspected is unoccupied, the official, officer or employee shall make a reasonable effort to locate the owner or other person having charge or control of the building or property and request entry. C. Consent to enter buildings or property may be obtained by any means, including but not limited to written, facsimile, telephonic, or in-person consent. In addition, a property owner's application for any permit, license or approval with respect to an activity in or on a building or property shall be deemed to be consent for city officers, officials and employees to enter the building or property to perform any inspections, measurements, sampling, or other action required to review and process the application; provided, that if the city intends to enter a structure or building, the city shall first contact the owner or occupant and arrange a m;:t;,allv convenient time for the entry. The owner or occupant's failure to consent to entry or to arrange a mutually convenient time for entry shall be grounds for th* city to deny the application for the permit, license or approval. D. If entry is refused or if an official officer or employee is unable to obtain consent, the city shall have recourse to every remedy provided by law to secure entry, including but not limited to application to any court of competent jurisdiction for an administrative search warrant or other remedy. E. Nothing in this chapter requires a city officer, official or employee to obtain the property owner's consent (1) to an inspection that is conducted while the officer, official or employee rell0ain~q on adjacent public property, such as a public fight-of-way, or on other adjacent property for which consent to entry has been obtained, or (2) to enter property in which the City has a written easement for purposes authorized in the easement instrument. F. Notwithstanding the provisions above, whenever it appears to the city that conditions exist requiring immediate inspection or other action to prote~ct the Ordinance 2003-28; Amending Chapter 1.16, Right of Ent~ Page 2 of 5 fi~t reading: 6;25/03 s=cond readings: public hqalth, safety or welfare, or to preserve property, a city officer, official or employee is authorized to enter in or upon any building or property, public Or private, without first obtaining the owner's consent, or when any other circumstance exists making such entry lawful under tho common law. 1.16.030 Conflict with other ordinances. This chapter shall control over the provisions of any other ordinance on the same subject, unless such ordinance provides differently by an express reference to this chapter. Notwithstanding any other ordinance of the city, whether heretofore or hereafter adopted, it is not a violation of this chapter to refuse or fail to consent to an entry for inspection for which a warrant is required to be obtained. Section 2. BIMC 1.26.020C is amended to read as follows: BIMC 1.26. c= ,~. cf*.k2~ ecsc. The director may enter any building or property to perform duties imposed by the applicable titles and chapters of this code in accordsnce with BIMC 1.16. Section 3. BIMC 15.21.060A&B are amended to read as follows: 15.21.060 Inspection program. A. JC~enever implementing the provisions of the inspection program, or whenever there is cause to believe that a violation of this chapter has be~m or is being committed, the inspecto~ is authorized to inspect all storm water drainage systems within the city in accordance with BIMC 1.16. L~p:ct~cn. B. Procedures. The method of entry onto property to perform duties imposed by this chapter shah be accordance with BIMC 1.16.P~or to Ordinance 2003-28; Amending Chapter 1.16, Right of Rntry P~§e 3 o£$ first reading: 6/25/03 second readings: Section 4. Section 13.16.010 is amended to read as follows: 13.16.010 Right of entry for inspection. ^r +~ ~:.., 5:~-~ng proper city officials or employees of the city may enter any building or property to perfmm duties imposed by this chapter in accordance with BIMC 1.16. Section 5. S~ction 13.24.130 is amended to read as follows: 13.24.130 Inspections - Right of entry - Emergency. ~n,~ The ~n.t,j.'ncer or other city officials or employees of thc city may enter any buildln~ or property to perform duties imposed b~ this chapter in accordance with BIMC 1.16, Section 6. This Ordinance shall take effect and be in force five days niter its passage, approval and publication as required by law. PASSED by the City Council this(~ ~ day of ~ 2003. APPROVED by the Mayor this ~ / th day of ~ 2003. Ordinance 2003-28; Amending Chapter 1.16, Right of Entry Page 4 of 5 first reading: 6/25/03 second readings: Darlene Kordon~wY,J/May~ ATTEST/AUTHENTICATE: APPROVED AS TO FORM: Rod P. Kaseguma, City Attorney FILED WITH THE CITY CLERK: June 17, 2003 PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: A)ov~ ORD~IANCE NO. 2003- ~ Ordinance 2003-28; Amending Chapter 1.16, Right of Entry Page 5 of 5 first reading: 6F25/03 second r~adings: