For the purposes of this article:
Inspector.
Any official inspector for any department of the town who is charged with the enforcement of town ordinances, including but not limited to inspectors for the departments of zoning, environmental control, housing, building inspection, fire inspection and health inspection.
Magistrate.
The judge of the municipal court of the town, or any other person or position designated as a magistrate by state law.
Search warrant.
A written order issued by a magistrate and directed to any inspector or peace officer commanding him to specified premises to determine the presence of any fire or health hazard or unsafe building condition or a violation of any fire, health or building regulation statute or ordinance or a violation of any ordinance of the town.
(1987 Code, ch. 1, sec. 25(A); Ordinance 382-02 adopted 8/8/02)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined not more than two thousand dollars ($2,000.00) for all violations involving fire safety, zoning or public health and sanitation, including dumping of refuse, and shall be fined five hundred dollars ($500.00) for all other violations of this article. Each day that a violation is permitted to exist shall constitute a separate offense.
(1987 Code, ch. 1, sec. 25(J); Ordinance 382-02 adopted 8/8/02)
Nothing contained in this article shall be construed to conflict with any state or federal law and [this article] shall be in addition to any rights granted thereby. The town or any inspector or peace officer may seek other available enforcement remedies, both civil and criminal, in addition to those allowed by this article. Nothing in this article shall be construed to prevent the town or any inspector from performing inspections or abatement work without the necessity of a warrant or order where authorized by law.
(1987 Code, ch. 1, sec. 25(B); Ordinance 382-02 adopted 8/8/02)
Except as provided in section 1.07.005 of this article, inspectors are hereby authorized to seek and obtain search warrants from magistrates as provided in this article before making an inspection incidental to the enforcement of any provision of the zoning ordinance, building code, plumbing code, mechanical code, electrical code, fire code, or any ordinances or statutes related to the use or condition of property or a nuisance on the property.
(1987 Code, ch. 1, sec. 25(C); Ordinance 382-02 adopted 8/8/02)
Search warrants shall not be required under the following circumstances:
(1) 
When permission to inspect the premises has been granted by someone with apparent charge or control of those premises. For the purpose of this subsection, permission to inspect may be granted either verbally, in writing or by some other action indicating consent;
(2) 
When there exists an imminent danger or peril to human life, limb or property and any delays resulting from the application for a search warrant would materially increase the likelihood of loss from such danger or peril;
(3) 
When the inspection can be executed by a person who is an invitee on premises held open to the general public. For the purposes of this subsection, a person ceases to be an invitee when he has been instructed to leave the premises or otherwise terminate his inspection by someone having charge or control of those premises;
(4) 
When the inspection can be executed from public property or adjacent private property with the permission of someone with apparent charge or control of such adjacent private property; or
(5) 
When the inspection is an open fields inspection of or from an unoccupied or undeveloped area.
(1987 Code, ch. 1, sec. 25(D); Ordinance 382-02 adopted 8/8/02)
No search warrant shall be issued pursuant to this article except on the presentation of evidence of probable cause to believe that a violation is present or that reasonable administrative standards for conducting an inspection are satisfied with respect to the premises sought to be inspected. A sworn affidavit setting forth substantial facts toward establishing probable cause or reasonable administrative standards shall be filed in every instance in which a search warrant is requested. In determining probable cause, the magistrate shall consider the totality of the circumstances behind the issuance of the search warrant and may consider and weigh evidence of specific knowledge or any other evidence that a substantial basis exists that a search warrant would uncover evidence of a violation. In determining whether reasonable administrative standards are satisfied for the issuance of a warrant, the magistrate may consider and weigh the following:
(1) 
The age and general condition of the premises;
(2) 
Previous violations or hazards found present on the premises and the scope and objects of the search;
(3) 
The type of premises;
(4) 
The purposes for which the premises are used;
(5) 
The presence of hazards or violations and the general condition of premises near the premises sought to be inspected; or
(6) 
The passage of time since a previous inspection.
(1987 Code, ch. 1, sec. 25(E); Ordinance 382-02 adopted 8/8/02)
A search warrant issued pursuant to this article shall be sufficient if it contains the following norequisites:
(1) 
That it run in the name of the “State of Texas”;
(2) 
That it identify as near as may be the premises to be inspected, and the scope and objects of the search;
(3) 
That it command an inspector or peace officer to inspect forthwith the premises described; and
(4) 
That it be dated and signed by the magistrate.
(1987 Code, ch. 1, sec. 25(F); Ordinance 382-02 adopted 8/8/02)
The inspector shall, upon going to the premises ordered to be inspected, give notice of his purpose to the person who has charge or control of the premises described in the warrant. If such person cannot be found, a search may be conducted in accordance with the search warrant, provided that a copy of the warrant shall be affixed to the front door of the building or gate of the premises inspected. In every instance, entry shall be effected using the minimum force necessary according to the circumstances.
(1987 Code, ch. 1, sec. 25(G); Ordinance 382-02 adopted 8/8/02)
An inspector to whom a search warrant is delivered shall execute it without delay and forthwith return it to the proper magistrate. The time allowed for the execution of a search warrant shall be three (3) whole days exclusive of the day of its issuance and of the day of its execution, or such shorter period as may be ordered by the magistrate. The magistrate issuing a search warrant under the provisions of this article shall endorse on such search warrant the date and hour of the issuance of the same. Upon returning the search warrant, the inspector shall state on the back of same, or on some paper attached to it, the manner in which it has been executed and shall likewise deliver to the magistrate a copy of the report resulting from that inspection. The magistrate shall keep a record of all proceedings had before him in the cases of search warrants as part of the official records of his court.
(1987 Code, ch. 1, sec. 25(H); Ordinance 382-02 adopted 8/8/02)
In the execution of a search warrant, the inspector may call to his aid any number of citizens in the town, who shall be bound to aid in the execution of same. Any person interfering with the execution of a lawful search warrant, issued pursuant to this article, shall be guilty of a misdemeanor. The execution of a search warrant issued pursuant to this article shall not include any authority to seize tangible goods or any authority to make arrests without the assistance of a peace officer.
(1987 Code, ch. 1, sec. 25(I); Ordinance 382-02 adopted 8/8/02)