Sec. 360.109. - Entry on property.

(a) Upon: (1) Either (i) 24 hours' notice to the person in possession of the premises or (ii) the obtaining of the consent of the person in possession of the premises; or (2) In the case of a suspected violation: (i) Without notice or consent, the written approval of the Director or the Public Health Unit Medical Director, obtained pursuant to the rules of the Board and presented to the person in possession of the premises, or (ii) Without notice, consent or approval, in emergency circumstances and pursuant to specific procedures prescribed in the rules of the Board; The Director or his duly authorized representative, who shall be an employee or agent of the City, is authorized to enter and inspect any building or place, except a building which is used exclusively for a private residence, on or at which an air or water pollution source or a source of noise violative of Chapter 368 or of odor violative of Chapter 376 is located or is being constructed or installed at any reasonable time, for the purpose of investigating an actual or suspected source of air or water pollution or an actual or suspected violation of Chapter 368 or Chapter 376 and ascertaining compliance with this Chapter and Chapters 362 , 368 and 376 and the rules of the Board. The person in possession shall have the right to be present whenever samples or measurements are taken for analysis and to receive promptly a copy of the analytical report. Based on sufficient cause derived from objective information, the Director may also require the person responsible for the source of air or water pollution, noise or odor to conduct tests which will show the emissions from the source and to provide the results of the tests to the Director. These tests shall be carried out under the supervision of the Director or his authorized representative and at the expense of the person responsible for the source of air or water pollution, noise or odor. The party in possession shall provide for the Director or his representative adequate scaffolding, which the Director or his representative will use at his own risk, sampling ports, measurement areas and utilities, as necessary and reasonably available, to conduct inspections and sampling or measuring. (3) In the event that the Director, or his duly authorized representative, enters upon a premises, he shall make his presence immediately known to the person in possession of the premises or to an employee or agent of that person if such person, employee or agent is on the premises at the time of entry. Upon making his presence known, the Director, or his duly authorized representative shall also advise the reason for his entry on the premises. (b) No person shall refuse immediate entry or access to the Director or his representative who requests entry for the purposes of inspection due to an imminent hazard to public health, certified under Section 360.113 , and who presents appropriate credentials; nor shall a person obstruct, hamper or interfere with an authorized inspection. (c) In the event of an actual or suspected violation of Chapter 362 , Chapter 368 or Chapter 376 , or in the event of an actual or suspected violation of any rule, regulation, order, standard, attainment plan or compliance plan of the Board, and if such actual or suspected violation can be reached by crossing real property, then the Director or his authorized representative shall have the right of entry upon such real property and shall be immune from prosecution, civil or criminal, for trespass upon real property while in the discharge of his duties in searching for the source of such violation. (Ord. 84-674-684, § 1; Ord. 85-1295-690, § 1; Ord. 88-117-123, § 2)