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Can a Oregon CCB code enforcement inspector just walk onto

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any property and start looking...
Can a Oregon CCB code enforcement inspector just walk onto any property and start looking for violations without permission?
Submitted: 2 years ago.Category: Legal
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Answered in 38 minutes by:
9/17/2015
Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,919
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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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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Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
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Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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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.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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