The Municipal Judge is hereby authorized to issue administrative
search warrants upon 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 warrant is an order
authorizing the inspection or investigation at a designated location.
(Ord. 765, passed August
5, 2019)
(A) A search
warrant shall be issued only upon cause, supported by affidavit, particularly
describing the applicant's status in applying for the 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.
(Ord. 765, passed August
5, 2019)
(A) Before
issuing any search warrant, the Municipal 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 Municipal Judge is satisfied that cause for the inspection or
investigation exists and that the other requirements for granting
the warrant are satisfied, she or he may issue the warrant, particularly
describing the name and title of the person or persons authorized
to execute the warrant, the place to be entered and the purpose of
the inspection or investigation. The 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 Municipal Judge has specially determined
upon a showing that it cannot be effectively executed between those
hours, that it be executed at any additional or other time of the
day or night.
(Ord. 765, passed August
5, 2019)
(A) Except as provided in subsection
(B) of this section, in executing a 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 warrant and show her or him the warrant or a copy thereof upon request.
(B) In executing a 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 warrant.
(D) A warrant
must be executed and returned to the Municipal Judge by whom it was
issued within 10 days from its date, unless such Municipal Judge before
the expiration of such time, by endorsement thereon, extends the time
for 5 days. After the expiration of the time prescribed by this subsection,
the warrant unless executed is void.
(Ord. 765, passed August
5, 2019)