[HISTORY: Adopted by the Council of the City of Sunbury 10-24-2022. Amendments noted where applicable.]
A City Code Officer and/or designee of the City may apply to a Judge of the Magisterial District Court for an administrative search warrant to enter any premises to conduct any inspection required or authorized by law to determine compliance with the provisions of any City property ordinance, code and/or nuisance ordinance.
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. 
Before filing an application for an administrative search warrant with a court, the City Code Officer and/or the City designee shall obtain approval by the City Solicitor as to its legality in both form and substance under the standards and criteria of this section, and a statement to this effect shall be included as part of the application.
C. 
A judge of a court referred to in this section may issue the warrant on 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, the owner, tenant, or other individual in charge of the property to allow access, 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 City Code Officer and/or the City designee is authorized by law to make an inspection of the property for which the warrant is sought.
(3) 
Probable cause for the issuance of the warrant has been demonstrated by the applicant by specific evidence of an existing violation of any provision of a City code and/or City ordinance or any rule, regulation, and/or ordinance adopted under the City Code or by showing:
(a) 
That a reasonable administrative inspection program exists regarding the condition of the property; and
(b) 
That the proposed inspection comes within that program.
D. 
An administrative search warrant issued under this section shall specify the place, structure, premises, vehicle or records to be inspected. The inspection conducted may not exceed the limits specified in the warrant.
E. 
An administrative search warrant issued under this section authorizes the applicant and other officials or employees of the City to enter specified property to perform the inspection, sampling, and other functions authorized by law to determine compliance with provision of this Code.
F. 
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.
Any other ordinances or parts of ordinances or resolutions inconsistent herewith and the same are repealed.