The legislative intent of this law is to grant
authority and create procedures to be followed by any Town of Huntington
department responsible for enforcing the Code of the Town of Huntington,
to include but not limited to, the Office of the Town Attorney, the
Department of Public Safety, the Department of Fire Prevention, the
Department of Maritime Services and all underlying divisions of these
Departments when applying for and executing administrative search
warrants.
As used in this chapter, the following terms
shall have the meanings indicated:
ADMINISTRATIVE SEARCH WARRANT
A written order of a Judge authorizing the inspection and/or
search of any property, place or thing, and the seizure, photographing,
copying or recording of property or physical conditions found thereon
or therein, to determine or prove the existence of violations of any
ordinance or code section of the Code of the Town of Huntington.
[Amended 9-17-2013 by L.L. No. 23-2013]
The Town Attorney of the Town of Huntington,
or his designee, is authorized to make application to any court of
competent jurisdiction for the issuance of an administrative search
warrant in order to conduct an inspection of any premises where the
owner refuses or fails to allow an inspection of its premises and
where there is reasonable cause to believe that a violation of the
Code of the Town of Huntington has occurred.
An administrative search warrant shall only
be executed by a Suffolk County police officer; provided, however,
that one or more designated code enforcement officials may accompany
the officer.
Such administrative search warrant shall be
based on probable cause that a violation of the Code of the Town of
Huntington exists and shall be submitted on a search warrant application
form generated by the Town Attorney's Office which shall in all respects
comply with the applicable laws of the State of New York.