§ 6-4-6. INSPECTIONS AND RIGHT OF ENTRY.

(A)

The Director or director's designee may:

(1)

conduct an inspection of any property, equipment or improvement to determine compliance with this chapter; and

(2)

require an owner, occupant, operator, manager, or user of a property, equipment, or improvement to correct a violation of this chapter.

(B)

The Director or director's designee may enter a commercial facility or premise to inspect the facility upon probable cause that a violation of this chapter may have occurred at the location, provided the Director or designee:

(1)

presents official identification to an employee of the facility and expressly requests entry to inspect; and

(2)

informs the employee of the facility of this section; or

(3)

makes a reasonable effort to locate the owner of unoccupied property to request entry; or

(4)

limits the inspection of commercial properties not opened for business at the time of inspection to areas accessible by the public during periods of business closure.

(C)

An inspection of a residential property shall be conducted from:

(1)

areas accessible to the general public; or

(2)

a restricted access area only after the Director or director's designee has presented official identification to the property manager, owner, occupant, or other representative, and obtained consent to enter a restricted access area.

(D)

If consent for entry necessary to conduct an inspection to determine compliance with this chapter is required but denied, withdrawn, limited, or impaired, the Director or designee may seek any recourse available under applicable law to obtain entry and inspection.

(E)

An employee may enter onto a privately owned common area for the purposes of conducting inspections. The designee may seek recourse to available law to obtain entry into areas with restricted access.

(F)

A person seeking a variance pursuant to Article II, Division 3 ( Variances: Alternative Compliance ) or participation in an Austin Water Utility Conservation Program provides a designee of the director the right to enter the subject premise to conduct inspections and investigations necessary to determine compliance with this chapter.

(G)

Conducting or failing to conduct an onsite inspection does not impose liability on the City, a City officer or employee, or a City representative for damage to a person or property.

Source: Ord. 20120816-004.