[HISTORY: Adopted by the Town Board of the Town of Huntington 11-19-2002 by L.L. No. 65-2002. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 4.
The legislative intent of this law is to grant authority and create procedures to be followed by any Town of Huntington department responsible for enforcing the Code of the Town of Huntington, to include but not limited to, the Office of the Town Attorney, the Department of Public Safety, the Department of Fire Prevention, the Department of Maritime Services and all underlying divisions of these Departments when applying for and executing administrative search warrants.
As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE SEARCH WARRANT
A written order of a Judge authorizing the inspection and/or search of any property, place or thing, and the seizure, photographing, copying or recording of property or physical conditions found thereon or therein, to determine or prove the existence of violations of any ordinance or code section of the Code of the Town of Huntington.
[Amended 9-17-2013 by L.L. No. 23-2013]
The Town Attorney of the Town of Huntington, or his designee, is authorized to make application to any court of competent jurisdiction for the issuance of an administrative search warrant in order to conduct an inspection of any premises where the owner refuses or fails to allow an inspection of its premises and where there is reasonable cause to believe that a violation of the Code of the Town of Huntington has occurred.
An administrative search warrant shall only be executed by a Suffolk County police officer; provided, however, that one or more designated code enforcement officials may accompany the officer.
Such administrative search warrant shall be based on probable cause that a violation of the Code of the Town of Huntington exists and shall be submitted on a search warrant application form generated by the Town Attorney's Office which shall in all respects comply with the applicable laws of the State of New York.