Chapter 1.25
ENTRY POLICY

Sections:

1.25.010    Policy.

1.25.020    Notice prior to entry

1.25.030    Posted property.

1.25.040    Permit inspections.

1.25.050    Employee identification.

1.25.060    Intimidation of employees.

1.25.010 Policy.

The policy of the county is to perform its duties while respecting the property, personal and procedural rights of individuals. This policy requires that representatives of the county understand and adhere to the guidelines established relative to entry upon private property while performing duties in an official capacity representing Lewis County. Employees shall familiarize themselves with this policy and apply said policy in the discharge of their official duties as representatives of Lewis County. [Ord. 1157, 1998; Res. 96-331 § 1, 1996]

1.25.020 Notice prior to entry.

(1) The policy of the county is that county employees will contact the property owner and/or resident either in writing or by telephone prior to entry upon an individual’s property. The purpose of this contact is to receive affirmative permission to be on the property. In cases affecting public health and/or safety involving violations of Lewis County or state of Washington health laws or food services sanitation inspections, no notice will be required.

(2) It is the policy of the county, without exception, to immediately contact the owner and/or resident upon entry upon private property to explain the purpose of the visit and receive permission to remain on the premises to conduct the legitimate business of the county, unless prior permission for the visit has been received to be on the property. [Ord. 1157, 1998; Res. 96-331 §§ 2, 3, 1996]

1.25.030 Posted property.

(1) Any combination of (a) a “No Trespassing” sign and a gate or chain on private property, or (b) the securing of a gate or chain (other than by a simple latching or closure device) shall be considered controlling. Entry shall not be made upon such property without the express permission of the property owner/resident, or in response to legal process.

(2) No employee shall be required to enter a posted or gated piece of property if the employee feels threatened, intimidated or otherwise in fear of his or her personal safety. [Ord. 1157, 1998; Res. 96-331 §§ 4, 5, 1996]

1.25.040 Permit inspections.

It is the policy of the county that all applications for permits will be accompanied by written notice that the granting of a permit is conditioned on the right of entry for the sole purpose of on-site inspection to ensure compliance with the permit process and that refusal to allow entry on site, threatening behavior, and/or refusal to schedule an appointment for entry may result in revocation of approvals or forfeiture of the permit. County employees, upon entering private property, shall notify the resident and obtain permission to remain on the property to complete any required inspection. Permission to enter and remain on the property may be granted either by the legal owner(s) or by his/her authorized representative. [Ord. 1157, 1998; Res. 96-331 § 6, 1996; Res. 98-302, 1998]

1.25.050 Employee identification.

It is the policy of the county that employees shall carry identification cards while on duty. Any employee, when legitimately requested by the public, shall show the requesting party his/her identification card. [Ord. 1157, 1998; Res. 96-331 § 7, 1996]

1.25.060 Intimidation of employees.

It is the policy of the county that threats, intimidation, or other violations of public peace directed against an employee engaged in the lawful action upon private property may subject that person and the owner of the property, as applicable, to legal action and forfeiture of an approval and processing rights under the inspection or permit processes. With regard to such forfeiture, the applicant or permittee shall be so notified in writing as a part of the permit application process. [Ord. 1157, 1998; Res. 96-331 § 8, 1996]