To carry out private property inspections, municipalities may allow law enforcement officers to enter. Buildings and structures can be inspected on both private and public properties for code violations upon entry. When the landlord gives his consent to the search, he does not need to obtain a court order. All California property owners should be familiar with this section, especially if the land is developed with older structures and uses that predate current provisions of the county or city building code.
A court order with prior notice to the landlord is required and the landlord's presence is required. It is also important to note that the inspection cannot be carried out forcibly without court approval. A city code inspector can only enter your property with your permission or a search warrant. Without either, an inspector can only view your property from the street or sidewalk.
If your backyard is fenced, the inspector cannot lift a camera over the fence or take a picture through a hole in the fence to view or document any violations. However, if a neighbor (such as the one who filed the complaint) owns a terrace or second floor, the inspector can view your property from those locations with the neighbor's permission. Code enforcement is different from building inspection, so I don't know what authority a code compliance inspector might have. The Complaint Inspection Program provides a method for anyone to file a complaint about the condition of a residential rental unit or of the entire rental property.
Landlords may also be billed for additional services, such as poor inspections and registration fees. If your property fails an inspection, the inspector will issue an order that will list all violations. Often, based on anonymous “advice”, these government agencies come forward unannounced and ask to inspect and photograph private properties. This means that, in accordance with the Housing Code, the Los Angeles Department of Housing (LAHD) must perform periodic inspections of residential rental units on your property.
If your property is not in REAP or after an extension contractor has made a site visit, you can contact the assigned case manager to schedule a final inspection. A neighbor's complaint is all it takes for a city code inspector to inspect your property. The cities of Glendale and Torrance have not adopted housing regulations under the County Health Code and, as such, the County has no authority to enforce the law on housing issues in those cities. Inspections are thorough, meaning the home inspector will inspect all buildings, rental units and common areas of your property to verify that they comply with building codes and standards for rental housing.
The property rights attorneys at Kassouni Law are currently requesting that the United States Supreme Court review a case that addresses the requirements of the civil inspection order and the inadmissible use of forced entry. In that case, the Court held that the government is obliged to obtain a court order under the Fourth Amendment to the Constitution before it can insist on inspecting private property for violations of the building code. To appeal an inspection fee, call the regional office phone number on your bill and talk to the assigned senior inspector for more information. It is important for homeowners and homeowners to maintain houses and apartment buildings to ensure a healthy and safe living space.
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