The Health Officer shall enforce the provisions of this chapter
and is hereby authorized and directed to make inspections pursuant
to one or more of the plans for inspection authorized by § 86-56,
or in response to a complaint that an alleged violation of this chapter
or of applicable rules or regulations pursuant thereto may exist,
or when the Health Officer has valid reason to believe that a violation
of this chapter or any rules and regulations pursuant thereto has
been or is being committed.
The Health Officer is hereby authorized to enter and inspect
between the hours of 8:00 a.m. and 5:00 p.m. all dwellings, dwelling
units, rooming houses, rooming units and dormitory rooms subject to
the provisions of this chapter for the purpose of determining whether
there is compliance with its provisions.
The Health Officer is hereby authorized to inspect the premises
surrounding dwellings, dwelling units, rooming houses, rooming units
and dormitory rooms subject to this chapter for the purpose of determining
whether there is compliance with its provisions.
The Health Officer and the owner, occupant or other person in
charge of a dwelling, dwelling unit, rooming unit, rooming house or
dormitory room subject to this chapter may agree to an inspection
by appointment at a time other than the hours provided in § 86-59
of this chapter.
The owner, occupant or other person in charge of a dwelling,
dwelling unit, rooming unit, rooming house or dormitory room, upon
presentation of proper identification by the Health Officer, a copy
of any relevant plan of inspection pursuant to which entry is sought
and a schedule of the specific area and facilities to be inspected,
shall give the Health Officer entry and free access to every part
of the dwelling, dwelling unit, rooming unit or dormitory room or
to the premises surrounding any of these.
The Health Officer shall keep confidential all evidence which
he may discover or obtain in the course of an inspection made pursuant
to this article, and such evidence shall be considered privileged.
Evidence so obtained shall not be disclosed, except as may be necessary
in the judgment of the Health Officer for the proper and effective
administration and enforcement of the provisions of this chapter and
rules and regulations issued pursuant thereto, and shall not otherwise
be admissible in any judicial proceeding without the consent of the
owner, occupant or other person in charge of the dwelling unit or
rooming unit inspected.
A.
If any owner, occupant or other person in charge of a dwelling, dwelling
unit or rooming unit, or of a multiple dwelling or a rooming house
subject to licensing under Article XIII, fails or refuses to permit
free access and entry to the structure or premises under his control,
or any part thereof, with respect to which an inspection authorized
by this chapter is sought to be made, the Health Officer may, upon
a showing that probable cause exists for the inspection and for the
issuance of an order directing compliance with the inspection requirements
of this article with respect to such dwelling, dwelling unit, rooming
unit, multiple dwelling or rooming house, petition and obtain such
order from a court of competent jurisdiction.
B.
Any person who refuses to comply with an order issued pursuant to
this article shall be subject to such penalties as may be authorized
by law for violation of a court order.
