Montour Falls, N.Y., Code of Ordinances ch. 115 (eCode360 ed. 2026) § 115-7
Conduct of inspections
Operative Text
A. For purposes of making the inspections required by, and otherwise enforcing this chapter, the Code Enforcement Officer, and/or his designated agents, shall be permitted to enter onto private property, as provided herein. B. For purposes of making an inspection required by this chapter, the Code Enforcement Officer shall not enter onto private property without the consent of the owner of the property or such owner's agent, or the tenant of a particular dwelling unit, unless the Code Enforcement Officer shall obtain a warrant authorizing such inspection. C. In the event that the Code Enforcement Officer is not able to obtain the consent to an inspection as described in § 115-7B , the Code Enforcement Officer shall apply to a court of competent jurisdiction for an administrative search warrant prior to making an inspection required by this chapter.
Section 115-7 of the Montour Falls Code of Ordinances governs how the Code Enforcement Officer may enter private property to conduct housing inspections. The officer is generally required to obtain consent from either the property owner, the owner's agent, or the tenant before entering a dwelling unit. If consent is refused or unavailable, the officer must seek an administrative search warrant from a court before proceeding with any inspection.
Plain English — not legal advice.
Under § 115-7, a compliant property owner or manager typically cooperates with scheduled inspection requests from the Code Enforcement Officer, as granting consent is the standard pathway for inspections required by Chapter 115. Operators who decline to provide consent should be aware that the officer is authorized to pursue a court-issued administrative search warrant to gain entry. Maintaining open communication with the Code Enforcement Officer about access arrangements is a common practice among operators seeking to stay in good standing.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 115-7 establishes that a tenant's consent is independently sufficient to allow the Code Enforcement Officer to enter a dwelling unit for a required inspection, meaning tenants have a recognized role in the access process. Tenants also have the protection that entry cannot occur without either their consent, the owner's consent, or a valid administrative search warrant obtained through a court. Tenants who have questions about whether an inspection was conducted lawfully may wish to consult a tenant-rights organization or review the full text of Chapter 115 for additional context.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation