(A) If the owners or those in possession of a building refuse inspection, the Building Administrator may obtain an inspection warrant from any court of record in the county to determine if the building is an unsafe building pursuant to I.C. 36-7-9-16. The court shall issue the warrant subject to the following conditions.
(1) The person seeking a warrant must establish that the building to be searched or inspected is to be searched or inspected as part of a legally authorized program of inspection that naturally includes the building, or that there is probable cause for believing that a condition, object, activity or circumstance legally justifies a search or inspection of that building.
(2) An affidavit establishing 1 of the grounds described in division (A)(1) above must be signed under oath or affirmation by the affiant.
(3) The court must examine the affiant under oath or affirmation to verify the accuracy of the affidavit.
(B) The warrant is valid only if it:
(1) Is signed by the judge of the court and bears the date and hour of its issuance above that signature, with the notation that the warrant is valid for only 48 hours after its issuance; and
(2) Describes either directly or by reference to the affidavit, the building where the search or inspection is to occur so that the executor of the warrant or owner or the possessor of the building can reasonably determine what property the warrant authorizes an inspection of.
(Ord. 15-2005, passed 6-29-2005)