County commission revisits "right of entry" resolution

The Jackson County Commission revisited a resolution they recently approved that gives county employees and contractors the authority to inspect the outside of private homes and buildings in certain instances.

At a recent commission meeting, Commissioner Keith Kelly said that, after speaking with members of the public about the “right of entry” resolution, he questioned if the county really needed the resolution.

The resolution outlines when county employees, such as those who work in the appraiser’s office, can enter onto private property to check for “compliance with nuisance codes, zoning compliance, public health inspections and all other rules and resolutions of the county.”

The new resolution was drafted by County Counselor Todd Luckman, who said the county did not have a previous resolution in place that allowed county employees “right of entry” on private property.

County employees and contractors can only inspect the exterior of private properties and buildings if they have “reasonable suspicion” that a violation has occurred or is occurring, or if they receive a written complaint by a county resident of a possible code violation.

Employees can only inspect the outside of buildings. They cannot go inside a home or building unless they follow the procedure to get a warrant, according to the resolution.

The resolution states that county residents who receive a building permit or have been accepted into the Neighborhood Revitalization Plan are also subject to exterior inspections by county employees, it was reported.

“I don’t know if this is something we really need,” Kelly said of the resolution. “I don’t like some of the wording in it, and we’re trying to solve a problem that hasn’t occurred.”

Kelly suggested rescinding the resolution and adding wording to the building permit and Neighborhood Revitalization Plan applications instead that states that appraiser’s office employees have the authority to inspect those properties.

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