HomeMy WebLinkAboutOrdinance 6365 03/06/2017 CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. 6365 (GENERAL)
AN ORDINANCE ADDING SECTIONS 5.630, 5.632, 5.634, 5.636, AND 5.638 TO
CHAPTER 5 OF THE SPRINGFIELD MUNICIPAL CODE AND ADOPTING A
SEVERABILITY CLAUSE
WHEREAS, Springfield Municipal Code sections 5.600-5.264 provide authority to the City
Manager or designee to obtain compliance with certain city ordinances through inspection,
notification, and where appropriate, citation for civil infractions, with the intent of protecting the
health, safety and welfare of the citizenry;
WHEREAS, City code enforcement officials regularly enter onto private property with consent
to inspect for compliance with city ordinances;
WHEREAS,the City Manager occasionally has reasonable cause to believe violations of certain
city ordinances are occurring on private property that jeopardize public health and safety, but
the owner or occupant of said property is unable or unwilling to give consent to an
administrative inspection;
WHEREAS, officials of the City of Springfield cannot constitutionally enter onto private property
to conduct an administrative inspection without consent unless in an emergency, under exigent
circumstances, or pursuant to a judicially-authorized administrative inspection warrant
supported by reasonable cause; and
WHEREAS, it is in the public interest of the City of Springfield to authorize the City Manager or
designee to obtain an administrative inspection warrant to enter onto private property to
inspect without consent of the property owner to protect the health, safety and welfare of the
citizenry;
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS
FOLLOWS:
Section 1. CHAPTER 5 of the Springfield Municipal Code is hereby amended to add
Sections 5.630, 5.632, 5.634, 5.636, and 5.638 establishing the City Manager's authority to
obtain administrative inspection warrants and providing a procedure and establishing standards
for issuing and executing such warrants when consent to conduct a search is denied or cannot
be obtained, as more particularly described and set forth in Exhibit 1 attached hereto and
incorporated herein by reference.
Section 2. Except as specifically provided herein, Chapter 5 shall continue in full
force and effect.
Section 3. Severability Clause. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereof.
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Section 4. Effective date of Ordinance. This Ordinance shall take effect 30 days
after its adoption by the Council and approval by the Mayor.
ADOPTED by the Common Council of the City of Springfield this 6 clay of MARCH
20 7 by a vote of 6 for and �0 against.
APPROVED by the Mayor of the City of Springfield this 6day of MARrH
2017.
Mayor
ATTEST:
City Recor r
REVIEWED APPROVED
AS T
DATE:
OFFICE OF I�TNEY
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ORDINANCE NO. 6365
EXHIBIT 1
Administrative Inspections
5.630 Access to property for inspections; Administrative Inspection Warrants.
(1) The city manager or designee may enter any property, including interior of structures, at all
reasonable times with permission of the property owner or person in possession of property,
whenever an inspection is necessary to effectuate the purposes and public benefits of this
code or the Springfield Development Code or whenever the city manager or designee has
reasonable cause to believe that there exists in any structure or upon any property any
condition which constitutes a violation of a statute, ordinance, regulation, rule, standard or
order.
(2) When permission is not given by the property owner or person in possession of the property
under subsection (1) of this section, the city manager or designee is authorized to obtain an
administrative inspection warrant in accordance with SMC section 5.632 through 5.636.
(3) An "administrative inspection warrant"is an order authorizing the city manager or designee
to conduct an inspection or investigation at a designated building or property.
5.632 Grounds for Issuing an Administrative Inspection Warrant.
(1) Affidavit. An administrative inspection warrant shall be issued only upon cause, supported
by affidavit, particularly describing:
(a) The applicant's status in applying for the warrant;
(b) The ordinance or regulation requiring or authorizing the inspection or investigation;
(c) The building or property to be inspected or investigated;
(d)The purpose for which the inspection or investigation is to be made including the
basis upon which cause exists to inspect; and
(e) A statement that entry has been sought and refused, or facts or circumstances
reasonably showing that the purposes of the inspection or investigation might be
frustrated if entry were sought without an inspection warrant.
(2) Cause. Cause to inspect or investigate shall be deemed to exist if the city manager or
designee has complied with the applicable reasonable legislative or administrative standards
for conducting a routine, periodic, or area inspection of the particular building or property;
or if there is probable cause to believe that a condition of nonconformity with a health or
safety statute, ordinance, regulation, rule, standard or order exists with respect to the
particular building or property.
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ORDINANCE NO. 6365
EXHIBIT 1
5.634 Procedure for Issuing an Administrative Inspection Warrant.
(1) Examination. Before issuing an administrative inspection warrant, the judge shall review
the affidavit and any attached material, and may examine the applicant, affiant, and any
other witness under oath and shall be satisfied of the existence of grounds for granting such
application.
(2) Issuance. If the judge is satisfied that cause for the inspection or investigation exists and
that the requirements for granting the application are satisfied, the judge shall issue the
administrative inspection warrant. The warrant shall particularly describe the person or
persons authorized to execute the warrant, the Building or property to be entered and the
purpose of the inspection or investigation. The warrant shall contain a direction that it be
executed on any day of the week between the hours of 8:00 a.m. and 6:00 p.m., or where
the judge has specially determined upon a showing that it cannot be effectively executed
between those hours, that it be executed at any additional or other time of the day or night.
5.636 Execution of Administrative Inspection Warrant.
(1) Except as provided in subsection (2) of this section, in executing an administrative
inspection warrant, the person authorized to execute the warrant shall, before entry, make
a reasonable effort to present the person's credentials, authority, and purpose to an
occupant or person in possession of the building or property designated in the warrant and
present the warrant or a copy thereof.
(2) In executing an administrative inspection warrant, the person authorized to execute the
warrant need not inform anyone of the person's authority and purpose, as prescribed in
subsection (1) of this section, but may promptly enter the designated building or property if
it is at the time unoccupied or not in the possession of any person, or at the time
reasonably believed to be in such condition. In such case, a copy of the inspection warrant
shall be conspicuously posted on the property.
(3) A peace officer, as defined in ORS 161.015(4), may be requested to assist in the execution
of the administrative inspection warrant.
(4) An administrative inspection warrant must be executed within 14 days of its issue and
returned to the judge by whom it was issued within 14 days from its date of execution,
unless before the expiration of such time, the judge by order extends the time for up to 5
days. After the expiration of the time prescribed by this subsection, the warrant is void
unless executed.
5.638 Emergency Inspection without Warrant.
Nothing in SMC section 5.630 through 5.636 prohibits the City from conducting an inspection or
abatement without a warrant, when an emergency or exigent circumstances exist that make
the inspection or abatement immediately necessary to protect public health, safety, or welfare.
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ORDINANCE NO. 6365