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
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· 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
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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- ~
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first reading: 6F25/03
second r~adings: