The Town of Federalsburg, or its designated code official, may
apply to a judge of the District Court or Circuit Court for Caroline
County for an administrative search warrant to enter any premises
to conduct any inspection required or authorized by this Code or applicable
law.
A. The application for an administrative search warrant shall be in
writing and sworn to by the applicant and shall particularly describe
the place, structure, premises, etc., to be inspected and the nature,
scope and purpose of the inspection to be performed by the applicant.
B. A judge of a court referred to in this section may issue the warrant based upon information set forth in subsection
A upon a finding that:
(1) The applicant has sought access to the property for the purpose of
making an inspection; and
(a)
After requesting, at a reasonable time, that the owner, tenant
or other individual in charge of the property allow the applicant
access, the applicant has been denied access to the property; or
(b)
After making a reasonable effort, the applicant has been unable
to locate any of these individuals;
(2) The Town or its designated code official(s) is authorized by law
to make an inspection of the property for which the warrant is sought;
and
(3) Probable cause for the issuance of the warrant has been demonstrated
by the applicant by:
(a)
Specific evidence of a violation of the Town Code or other applicable
law, or a public nuisance that affects the health, safety and welfare
of the Town's citizens; or
(b)
That the property to be inspected falls within an administrative
inspection program of the Town.
C. An administrative search warrant issued under this section shall
specify the place, structure, or premises to be inspected. The inspection
conducted may not exceed the limits specified in the warrant.
D. An administrative search warrant issued under this section authorizes
the applicant and other designated officials or employees of the Town
to enter specified property to perform the inspection, sampling and
other functions authorized by law to determine compliance with the
provisions of the Code or other law.
E. An administrative search warrant issued under this section shall
be executed and returned to the judge by whom it was issued within:
(1) The time specified in the warrant, not to exceed 30 days; or
(2) If no time period is specified in the warrant, 15 days from the date
of its issuance.
F. Information obtained in accordance with an administrative search
warrant under this section is confidential and may not be disclosed
except:
(1) To the extent used in an administrative or judicial proceeding that
arises out of a violation that relates to the purposes for which the
warrant was issued and within the scope of the warrant; or
(2) To the owner or occupant of the building or premises.