Chapter 1.16 INSPECTION WARRANTS

Chapter 1.16
INSPECTION WARRANTS

Sections:

1.16.010 Issuance of inspection warrants.

1.16.040 Execution of inspection warrants.

1.16.010 Issuance of inspection warrants.

The municipal judge may, upon application of a city official or a city employee so authorized by the city manager, issue an inspection warrant whenever an inspection is required or permitted by ordinance or other law, or becomes necessary for the enforcement of any ordinance or other law, relating to zoning, building, regulated businesses, fire safety, animal control or public utilities. Such inspection warrant shall be in the form of an order authorizing entry onto designated property for the purposes of inspecting and/or investigating. (Ord. 666 § 1, 1981)

1.16.020 Grounds for issuance.

A. An inspection 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 other law or regulations requiring or authorizing the inspection and/or investigation, the premises to be inspected or investigated, and the purpose for the inspection or investigation, including the basis on which cause exists to inspect or investigate. In addition, the affidavit shall contain a statement that entry has been sought and refused, that a reasonable attempt has been made to obtain consent, or facts showing that the purpose of the inspection or investigation might be frustrated if permission for entry were sought prior to application for 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 particular premises. (Ord. 666 § 2, 1981)

1.16.030 Procedure for issuance.

A. Before issuing an inspection warrant, the municipal judge may examine under oath the applicant and any other witnesses, and shall satisfy himself 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 all other requirements for granting the application have been satisfied, he shall issue the warrant particularly describing the name and title of the person or persons authorized to execute the warrant, the premises to be entered and the purpose or purposes of the inspection and investigation. The warrant shall contain a direction that it can be executed on any day of the week between the hours of eight a.m. and six p.m., or where a specific finding has been made by the municipal judge that it cannot be effectively executed between such hours, that it may be executed at such other times of the day or night as the judge in his discretion shall direct. (Ord. 666 § 3, 1981)

1.16.040 Execution of inspection warrants.

A. Except as provided in Section 1.16.020(A), in executing an inspection warrant, the person authorized to execute this warrant shall, before entry, make a reasonable effort to present his credentials, authority and purpose to an occupant or person in possession of the premises designated in the warrant and show him a copy of the warrant upon request.

B. In executing the inspection warrant, the person authorized to so execute need not inform anyone of his authority and purpose as prescribed in subsection A of this section, but may promptly enter the designated premises if it is unoccupied, or not in the possession of any person, or at the time reasonably believed to be in such condition.

C. A peace officer may be requested to assist in the execution of the inspection warrant.

D. An inspection warrant must be executed and returned to the municipal judge within ten days from its date, unless the judge, before the expiration of the ten-day period, by endorsement thereon, extends the time for an additional five days. After the expiration of the time prescribed in this subsection, the warrant, unless executed, shall be void. (Ord. 666 § 4, 1981)