[Ord. No. 2005-12 §1(16.0201), 6-7-2005]
A. 
An "administrative search warrant" is a written order of the Municipal Judge commanding the search or inspection of any property, place or thing, and the seizure, photographing, copying or recording of property or physical condition found thereon or therein to determine or prove the existence of violations of any ordinance or Code Section of the Municipal Code of the City relating to the use, condition or occupancy of property or structures located within the City, or to enforce the provision of any such ordinance or Code Section.
B. 
The Municipal Judge having original and exclusive jurisdiction to determine violations against the ordinances of the municipality may issue an administrative search warrant when:
1. 
The property or place to be searched or inspected or the thing to be seized is located within the City at the time of the making of the application, and
2. 
The owner or occupant of the property or place to be searched or inspected or the thing to be seized has refused to allow same after official request by the Building Inspector.
C. 
Any such warrant shall be directed to the Chief of Police or any other Police Officer of the City and shall be executed by the Chief of Police or said Police Officer within the City limits and not elsewhere.
[Ord. No. 2005-12 §1(16.0202), 6-7-2005]
A. 
Any Police Officer, City Administrator or an attorney of the City may make application to the Municipal Judge for the issuance of an administrative search warrant.
B. 
The application shall:
1. 
Be in writing;
2. 
State the time, and date of the making of the application;
3. 
Identify the property or places to be entered, searched, inspected or seized in sufficient detail and particularly that the officer executing the warrant can readily ascertain it;
4. 
State that the owner or occupant of the property or places to be entered, search, inspected or seized has been requested by the City to allow such action and has refused to allow such action;
5. 
State facts sufficient to show probable cause for the issuance of a search warrant as provided in this Article to:
a. 
Search or inspect for violations of an ordinance or Code Section relating to the use, condition or occupancy of property or structures located within the City as such is specified in the application; or
b. 
Show that entry or seizure is authorized and necessary to enforce an ordinance or Code Section relating to the use, condition or occupancy of property or structures located within the City as such is specified in the application and that any required due process has been afforded prior to the entry or seizure;
6. 
Be verified by the oath or affirmation of the applicant; and
7. 
Be signed by the applicant and filed in the Municipal Court.
C. 
The application may be supplemented by a written affidavit verified by oath or affirmation. Such affidavit shall be considered in determining whether there is probable cause for the issuance of a search warrant and in filling out any deficiencies in the description of the property or place to be searched or inspected. Oral testimony shall not be considered.
[Ord. No. 2005-12 §1(16.0203), 6-7-2005]
A. 
Hearing And Procedure.
1. 
The Municipal Judge shall hold a non-adversary hearing to determine whether probable cause exists to inspect or search for violations of any ordinance or Code Section relating to the use, condition or occupancy of property or structures located within the City or to enforce any such ordinance or Code Section.
2. 
In doing so the Municipal Judge shall determine whether the action to be taken by the City is reasonable in light of the facts stated. The Municipal Judge shall consider the goals of the ordinance or Code Section relating to the use, condition or occupancy of property or structures located within the City sought to be enforced and such other factors as may be appropriate, including, but not limited to, the physical condition.
B. 
The return shall be accompanied by any photographs, copies, or recordings made and by any property required by this Section; provided however, that seized property may be disposed of as provided herein, and in such a case a description of the property seized shall accompany the return.
C. 
The Court Clerk, upon request, shall deliver a copy of the return to the possessor and the owner, when not the same person, of the property searched or seized.
[Ord. No. 2005-12 §1(16.0204), 6-7-2005]
A. 
A search warrant shall be deemed invalid:
1. 
If it was not issued by the Municipal Judge;
2. 
If it was issued without a written application having been filed and verified;
3. 
If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced and such other factors as provided in this Article hereof;
4. 
If it was not issued with respect to property or places in the City;
5. 
If it does not describe the property or places to be searched, inspected, entered upon or seized with sufficient certainty;
6. 
If it is not signed by the Judge who issued it; or
7. 
If it was not executed and the required return made within ten (10) days after the date of the making of the application.