The terms and provisions of this chapter shall
apply to all inspections of private property by and within the Borough
of Ridgefield that are required, or permitted, by Borough ordinance,
state statute or regulation, and which pertain to the health, safety
and general welfare of the Borough and its inhabitants. This chapter
shall specifically not be applicable to criminal investigations conducted
by the Police Department through its duly appointed police officers.
Without limiting the applicability of the Chapter,
the following types of inspections are specifically included within
the purview of this chapter: housing inspections, fire inspections,
zoning inspections, construction code inspections and health code
inspections.
Whenever an enforcement officer of the Borough
of Ridgefield shall be permitted or required to make an inspection
to which the provisions of this chapter are applicable, and that enforcement
officer shall be refused entry, or is otherwise unable to gain entry
in order to perform the required or intended inspection, then said
enforcement officer may apply to the Judge of the Municipal Court
of the Borough of Ridgefield for an administrative warrant. When issued,
the administrative warrant shall give the enforcement officer the
authority to conduct the required or intended inspection without the
permission of, and over the objection of, the owner and/or occupant
of the premises in question, and shall permit the enforcement officer
to use all reasonable means, short of creating a breach of the peace,
to make such inspection. The administrative warrant shall also command
the owner and/or occupant of the property to permit the inspection
specified therein. The Police Department of the Borough of Ridgefield
is authorized to assist the enforcement officer in executing the warrant,
and conducting the inspections set forth therein.
The application for the administrative warrant
made by the enforcement officer by affidavit, shall recite:
A. Specific facts and circumstances which make the required
or intended inspection subject to the scope of the chapter;
B. The specific facts and circumstances forming the basis
for a reasonable belief that a nuisance, unsanitary, unsafe or unhealthy
condition may exist on the premises in question; or that a substantial
violation of a Borough ordinance, state statute or regulation exists
on the premises;
C. The specific facts and circumstances forming the basis
for a reasonable belief that the condition believed to exist at the
premises, if true, have a serious negative effect on the health, safety
or general welfare of the Borough and its inhabitants.
[Amended 9-23-2013 by Ord. No. 2238]
Applications for administrative warrants shall
be on the forms annexed as part of this chapter, and shall be approved by the Borough Clerk, or her designee,
before the application is made.