By Will Pafford, Staff Writer

City inspectors in West Lake Hills can now enter residents’ property more easily to contact people who might be violating city ordinances.
 

The City Council passed an amendment at its meeting on May 13 that clarifies the rights of inspectors to enter private property and contact people who might be in the process of violating an ordinance, such as cutting down a tree. 

Before this amendment, if the property was occupied, inspectors first had to call and make an appointment with the homeowner and obtain permission before entering the property. 

Now if the property is occupied, inspectors can walk on to it to make contact with the owner or whoever may be violating an ordinance on the property. 

If the property owner refuses to allow an inspector on the property, the inspector can use any lawful means to enter the property, including obtaining an administrative search warrant. 

Either Judge J.B. Marshall Jr. or Associate Judge and Court Clerk Diana Clifton would issue the administrative warrant, and the inspector could have to have justification to obtain the warrant, City Administrator Robert Wood said. 

“I think this is a pretty respectful way to enforce the rules,” Mayor Dave Claunch said.

The Council began reviewing this ordinance during its meeting on April 8, after then-Councilwoman Jane Noble said the city’s ordinance was keeping city inspectors from enforcing the city’s tree ordinance. 

Noble described an instance when she saw someone cutting down a tree in violation of the ordinance.

When she spoke to City Inspector Jim Stearman about the incident, he said the tree ordinance was difficult to enforce because inspectors were restricted from entering a person’s property to inform them not to cut down a tree. 

Noble said she wanted the city to have the ability to stop someone who is in the process of cutting down a tree in violation of the tree ordinance. 

The amendment to the ordinance was approved 4-0, with Councilwoman Cindy Probst abstaining from the vote.