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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Can a Oregon CCB code enforcement inspector just walk onto

Customer Question

Can a Oregon CCB code enforcement inspector just walk onto any property and start looking for violations without permission?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

If the property is a residence, then no they cannot do so, arguably (although sometimes they do anyhow).

If the property is a business, they may enter the area wherever it is open to the public, but not otherwise.

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Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Code enforcement officers have the right to come onto property to inspect for violations with the consent of the landowner. HOWEVER, if the landowner refuses to allow them onto the property, they can get an "administrative search warrant" from the director of code enforcement, which can be issued fairly quickly, and that will allow them the right to come onto the property and inspect and if that happens, you can be assured that there will be no benefit of the doubt given for any minor violations that may have normally been overlooked of for which warnings would have often been given.

As a landowner, you can refuse government entry onto your land, but they have powers of inspection and can obtain an administrative warrant to inspect if they want to do so. If the property has any type of license, such as a business, then that license gives them the legal authority to enter the property and inspect and refusal of inspection gives them the authority to suspend or revoke the license.