[HISTORY: Adopted by the City Council of the City of Roseville 6-14-2022 by Ord. No. 1325. Amendments noted where applicable.]
The Building Official, Fire Chief, and/or Health Officer of the City, or anyone duly authorized by them, shall enter upon any land or into any building or structure for the purpose of and to inspect, and shall inspect the same, whenever he or she shall have probable cause to believe or fear that said building, structure, shed, fence, or other man-made structure is a dangerous and unsafe building or structure, or is in violation of the City of Roseville Code of Ordinances.
The District Judge or Magistrate is hereby authorized to issue an administrative search warrant upon the application by the City Attorney, Building Official, Code Enforcement Officer, or Fire Chief, or their duly authorized representatives, acting in the course of their official duties, whenever an inspection or investigation of any place is required or authorized by any municipal ordinance or regulation. The administrative search warrant is an order authorizing the inspection or investigation at a designated location.
A. 
An administrative search warrant shall be issued upon probable cause, supported by affidavit on oath, particularly describing the applicant's status in applying for the administrative search warrant hereunder, the ordinance or regulation requiring or authorizing the inspection or investigation, the location to be inspected or investigated, and the purpose for which the inspection or investigation is to be made, including the basis upon which cause exists to inspect. In addition, the affidavit shall contain either a statement that entry has been sought and refused or facts or circumstances reasonably showing that the purposes of the inspection or investigation might be frustrated if entry were sought without a warrant.
B. 
Cause shall be deemed to exist if reasonable legislative or administrative standards for conducting a routine, periodic or area inspection are satisfied with respect to the location or there is probable cause to believe that a condition of nonconformity with a health, public protection or safety ordinance, regulation, rule, standard or order exists with respect to the particular location, or an investigation is reasonably believed to be necessary in order to determine or verify the condition of the location.
A. 
Before issuing an administrative search warrant, the District Court Judge shall examine under oath the applicant and any other witness and shall be satisfied of the existence of grounds for granting such application.
B. 
If the District Court Judge is satisfied that cause for the inspection or investigation exists and that the other requirements for granting the administrative search warrant are satisfied, he or she may issue the administrative search warrant, particularly describing the name and title of the person or persons authorized to execute the administrative search warrant, the place to be entered and the purpose of the inspection or investigation. The administrative search warrant shall contain a direction that it be executed on any day of the week between the hours of 8:00 a.m. and 6:00 p.m., or where the District Court Judge has specifically determined upon a showing that it cannot be effectively executed between those hours, that it has to be executed at any additional or other time of the day or night.
A. 
Except as provided in Subsection B of this section, in executing an administrative search warrant, the person authorized to execute the warrant shall, before entry, make a reasonable effort to present credentials, authority and purpose to an occupant or person in possession of the location designated in the administrative search warrant and show him or her the warrant or a copy thereof upon request.
B. 
In executing an administrative search warrant, the person authorized to execute the warrant need not inform anyone of his or her authority and purpose, as prescribed in Subsection A of this section, but may promptly enter the designated location if it is at the time unoccupied or not in the possession of any person or at the time reasonably believed to be in such condition, but shall orally announce their credentials and authority to execute the warrant prior to entry.
C. 
A peace officer may be requested to assist in the execution of the administrative search warrant, and they may break any outer or inner door or window of a house or building, or anything therein, in order to execute the warrant, if, after notice of his or her authority and purpose, he or she is refused admittance, or when necessary to liberate himself or herself or any person assisting him or her in execution of the warrant.
D. 
An administrative search warrant must be executed and returned to the District Court Judge by whom it was issued within 10 days from its date, unless the District Court Judge, before the expiration of such time, by endorsement thereon, extends the time for five days. After the expiration of the time prescribed by this subsection, the warrant, unless executed, is null and void.