Right-of-entry by building inspector

Mark Louie

New Member
Jurisdiction
Oregon
I am building a new residence on my property. The building inspector and I have gotten sideways with each other and are at a stand still, I have all the proper permits for the residence. He red tagged the home partially based on photos taken inside a separate pumphouse structure far removed from the home. He proceeded to not report this to me until it was beneficial to his case a year later keeping all evidence of the trespass to himself. I am wondering based upon Oregon's right-of-entry law, he needs just-cause(fire, life, safety) to enter and even with this he needed to make an attempt to contact the owner before entering the pumphouse structure. If he dose not have just-cause then he must request and get permission before entering. I can prove that he did neither of these options. Do you believe that I am within my rights to hold the county accountable for this inspectors actions, and violations of my personal property (unlawful search and seizure). The pumphouse if very clearly its own structure and has both man door and garage door so it is significant in size to represent its own structure.
 
Every time I have ever been red tagged, there was a reason for the red tag.

What is the reason for your red tag?

Quote it word for word.

Without revealing that important bit of information, your post is meaningless.
 
I am building a new residence on my property. The building inspector and I have gotten sideways with each other and are at a stand still, I have all the proper permits for the residence. He red tagged the home partially based on photos taken inside a separate pumphouse structure far removed from the home. He proceeded to not report this to me until it was beneficial to his case a year later keeping all evidence of the trespass to himself. I am wondering based upon Oregon's right-of-entry law, he needs just-cause(fire, life, safety) to enter and even with this he needed to make an attempt to contact the owner before entering the pumphouse structure. If he dose not have just-cause then he must request and get permission before entering. I can prove that he did neither of these options. Do you believe that I am within my rights to hold the county accountable for this inspectors actions, and violations of my personal property (unlawful search and seizure). The pumphouse if very clearly its own structure and has both man door and garage door so it is significant in size to represent its own structure.

The right of a building inspector to enter property (especially property with active permits) is granted to them in the ordinances of either a local jurisdiction or the county, or the state statutes. Therefor, there is no trespass and they don't need just cause.

You should read the controlling ordinance or statute to learn what the notification (if any) process is. I believe you are misinterpreting or confusing the Oregon right-of-entry statute with local ordinances.
 
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