Research Question of the Day: When the public works employees need to enter private property to do work, should they ask the resident first? Answer: Yes, that is usually the best option. Usually, the easiest manner in which to enter property is with consent. A city may lawfully enter private property with voluntary consent granted by a person who has the authority to do so. This person may be the owner or occupant of the property, or a person otherwise in control of the premises. Consent must be given voluntarily. Preferably, a city should obtain written consent. It also is important that the person authorizing consent know the purpose and scope of the inspection upon consent. Ideally, consent includes a waiver of any liability while the city is on the premises, thereby providing additional legal protection for the city.
Posted on: Tue, 04 Mar 2014 14:42:13 +0000
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