The court shall issue a warrant upon the following conditions.
(A) Probable cause requirement. The Code Official or law enforcement officer seeking the warrant must establish that there is probable cause to believe that either:
(1) Some condition, object, activity or circumstance on or in the property or structure legally justifies an inspection of that property or structure; or
(2) That the property or structure is to be inspected as part of a legally authorized program of inspection that naturally includes the property or structure.
(B) Affidavit to be under oath or affirmation. An affidavit establishing one of the grounds described in division (A) above must be presented under oath or affirmation by a Code Official or law enforcement officer.
(C) Examination of affidavit. The court must examine the statement given by the Code Official or law enforcement officer under oath or affirmation and verify the credibility of the Code Official or law enforcement officer and the reliability of the information contained in the Code Official or law enforcement officer’s statement.
(D) Requirements for a valid warrant. The warrant is valid only if it:
(1) Is approved and signed by the judge or magistrate of the court and bears the date and time of its issuance with a notation that the warrant is only valid for 48 hours from the date and time of its issuance;
(2) Describes (either directly or together by reference to the affidavit) the property and/or structure(s) where the inspection is authorized to occur so that the executor of the warrant and the owner, occupant or possessor of the structure(s) can reasonably determine what property the warrant authorizes the Code Official or law enforcement officer to inspect;
(3) Indicates the locations, conditions, objects, activities or circumstances that the inspection is intended to allow Code Officials or law enforcement officers to investigate, inspect or check for; and
(4) Is attached to a copy of the Code Official or law enforcement officer’s statement required to be made in order to obtain the warrant.
(E) Period for execution. A warrant issued under this subchapter is valid for 48 hours after its issuance.
(F) Executing warrants. A warrant issued under this subchapter must be personally served upon either the owner, occupant or possessor of the property or structure if reasonably possible. If the owner, occupant or possessor of the property or structure cannot be located with reasonable diligence, the warrant may be executed in the presence of a law enforcement officer, provided that a copy of the warrant is left or posted at or on the property or structure being inspected.
(G) Return of warrant. A warrant issued under this subchapter must be returned to the court within 72 hours after execution upon the owner, occupant or possessor of the property, with a notation of what relevant circumstances were discovered upon inspection.
(Ord 2018-OR-22, passed 12-3-2018)