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A. Upon the receipt of a complaint or the proactive observance of any city employee, a compliance officer is authorized to investigate and determine whether a code violation exists by gathering and documenting evidence, as appropriate to the nature of the alleged violation.

B. When entry on private property is necessary or desirable for the identification or investigation of the code violation, a compliance officer is authorized as follows:

1. A compliance officer is authorized to enter onto a public or private premises that is open to the public at all reasonable times to determine whether a code violation exists.

2. A compliance officer is authorized to enter onto a private premises that is not open to the public at reasonable times to determine whether a code violation exists when the compliance officer:

a. Has received permission from any person in charge of the premises;

b. An administrative warrant has been issued pursuant to the provisions of this chapter authorizing entry for inspection of the premises;

c. Determines that an emergency or other exigent circumstances exist requiring immediate entry.

C. An administrative search warrant may be issued by the municipal court judge upon the oath and application of a compliance officer, which must include a sworn affidavit showing probable cause for the entry and inspection by stating the purpose and extent of the proposed inspection, citing the chapter(s) of the McMinnville Municipal Code that serve(s) as the basis for the inspection, and giving information concerning the code violation in question and/or the premises on which it is located.

D. A person must not interfere with or attempt to prevent a compliance officer from entering onto any premises when such entry is authorized by the provisions of this section. (Ord. 5078 §1 (Exh. 1 (part)), 2019).