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A Sr. code enforcement inspector tricked the people that…

Customer Question
Hello: A Sr. code enforcement inspector...
Hello:
A Sr. code enforcement inspector tricked the people that were working at my house, enter and took pictures. They want building, electrical and plumbing permits. (I am only installing crown molding, base boards and cleaning (the workers are my boyfriend's crew). I am not paying a dime for their work.
Question:Does the city have the right to enter and take pictures of my property and belongings? I was not in the premises when they went in while one of my boyfriend's workers went in to look for his identification card-this was asked by the city enforcement inspector....
later she demanded them to leave and told them that if they don't leave they will be taking into custody.
What should i do?
Submitted: 8 months ago.Category: CA Real Estate
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Answered in 1 minute by:
9/26/2017
Lawyer: legalgems, attorney replied 8 months ago
legalgems
legalgems, attorney
Category: CA Real Estate
Satisfied Customers: 13,338
Experience: Just Answer consultant at Self employed
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Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

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Customer reply replied 8 months ago
sure thing, almost forgot I am also installing hardwood flooring
Lawyer: legalgems, attorney replied 8 months ago

A code enforcement officer can seek an administrative warrant to inspect possible violations of codes; if they do not have an administrative warrant they can access the property without a warrant if there is probable cause.

Refusing to allow access is a misdemeanor.

Here is the relevant code:

1.16.010 Applicability – Procedure required.

Whenever necessary to make an inspection to enforce any state or municipal code provision, or whenever there is reasonable cause to believe there exists a state or municipal code violation in any building or upon any premises within the jurisdiction of the city, any authorized official of the city may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him or her by ordinance; provided, that except in emergency situations or when consent of the owner and/or occupant to the inspection has been otherwise obtained, he or she shall give the owner and/or occupant, if they can be located after reasonable effort, at least 24 hours’ written notice of the authorized official’s intention to inspect. The notice transmitted to the owner and/or occupant shall state that the property owner and/or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of an inspection warrant by a duly authorized magistrate pursuant to Code of Civil Procedure Section 1822.50. In the event the owner and/or occupant refuses entry after such request has been made, the official is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining an inspection warrant for such entry. It is a misdemeanor to willfully refuse access after an inspection warrant has been duly issued. (California Code of Civil Procedure Section 1822.57). The above 24-hour notice requirement shall not apply to any inspection where the authorized official conducts the observations and inspection while within the public right-of-way or within the unobstructed walkway between such right-of-way and the front entry of any residence; nor shall it apply to abandoned or inoperative motor vehicles inspected on site in accordance with applicable state law. (Ord. 2718 § 1, 1998; Ord. 1550 § 1, 1974; prior code § 1.7).

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Lawyer: legalgems, attorney replied 8 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
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