[Adopted 7-6-2009 by Ord. No. 2009-10[1]]
[1]
Editor's Note: This ordinance also provided for the renumbering of former Art. II, Adoption of Code, as Art. III.
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.