36-74-30. Other enforcement methods; probable cause for investigation required.

It is the intent of this article to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in this article shall prohibit a local governing body through its code enforcement officer from enforcing its codes by any other lawful means including criminal and civil proceedings; provided, however, that a local governing body shall not pursue a specific instance of an alleged violation of an ordinance against one violator before both a code enforcement board and a magistrate, municipal, or other court authorized to hear ordinance violations.#

No local government is authorized to perform investigations or inspections of residential rental property unless there is probable cause to believe there is or has been a violation or violations of applicable codes, and in no event may a local government require the registration of residential rental property. Conditions which appear to be code violations which are in plain view may form the basis for probable cause. If there is probable cause to believe that there is or has been a violation or violations of applicable codes on such a property managed by a person licensed pursuant to Chapter 40 of Title 43, upon request of a code enforcement officer, the tenant of such property shall provide the name, license number, and contact information for the property manger.#