(a) The City of Big Spring designates each code enforcement officer, fire marshal, and building official under the Texas Code of Criminal Procedure § 18.05 to apply for and execute an administrative search warrant to determine the presence of a fire or health hazard or unsafe building condition or a violation of any fire, health, or building regulation, statute, or ordinance. The city manager may change, with a signed, written document, made available to the public, the list of officers that may apply for and execute administrative search warrants.
(b) A search warrant may not be issued under this section except upon the presentation of evidence of probable cause to believe that a fire or health hazard or violation or unsafe building condition is present in the premises sought to be inspected. In determining probable cause, the magistrate is not limited to evidence of specific knowledge, but may consider any of the following:
(1) The age and general condition of the premises;
(2) Previous violations or hazards found present in the premises;
(3) The type of premises;
(4) The purposes for which the premises are used; and
(5) The presence of hazards or violations in and the general condition of premises near the premises sought to be inspected.
(Ord. No. 019-2020, § 2, 7-14-2020)