A. The Municipal Judges shall have the power to issue a search warrant pursuant to CMCR 241. A search warrant may be issued to search for and seize property which is located within the City and which:
1. Is designated or intended for use in committing a Charter or ordinance violation;
2. Has been used as a means of committing a Charter or ordinance violation; or
3. The possession of which is prohibited by Charter or ordinance.
4. The owner or occupant of the private premises has received a notice and order to abate an ordinance violation and has either failed to appeal the notice and order within ten (10) days or failed to abate the ordinance violation within the period specified in the notice and order. The warrant shall be issued in accord with CMCR 241(b)(1)(II).
B. A search warrant may be issued for the inspection of private premises by an authorized public inspector upon showing that:
1. The premises are located within the municipality;
2. The inspection is required or authorized by Charter or ordinance in the interest of public safety; and
3. The owner or occupant of the private premises has refused entry to the public inspector, or the premises are locked and the public inspector has been unable to obtain permission of the owner or occupant to enter. This rule shall not be construed to require the issuance of a warrant for emergency inspections, or in any other case where warrants are not presently required by law.
C. When the search warrant is requested for purposes of entry into a private premises and seizure of property by an authorized public inspector, and the property will not be held as evidence in a court proceeding, the warrant must be presented to the Municipal Judge within thirty (30) days of the issuance of any notice and order to the owner or occupant of the property. The notice and order shall meet the requirements of this Code.
1. The inventory required by CMCR 241 shall state with specificity all items removed from the property and shall describe those items removed and disposed of due to health, safety and welfare concerns. Where necessary, due to the nature or volume of the items taken, a photograph of the seized property may be used to supplement the inventory.
2. The inventory shall indicate the date the inventory was taken; the name of the owner of the property or the owner of the premises or the credible witness who was present at the time the inventory was taken; the manner in which the warrant and receipt was delivered to the person from whom or from whose premises the property was taken; and the signature of the applicant for the warrant who was present at the time the inventory was taken.
3. The inventory shall clearly state that any motion for return of the listed items must be made within twenty (20) days of the execution of the warrant.
4. Any property seized shall be held for a period of thirty (30) days. Should the owner of the property move the court for return of the property, the property shall be held during the pendency of the motion. Failure of the property owner to timely file a motion for return of property shall result in the forfeiture of the property seized.
5. If the motion for return of property is denied, or should the owner fail to file a motion for return of property within twenty (20) days of the execution of the warrant, the property may be disposed of by the City in any lawful manner.
6. The requirements of this section shall apply unless otherwise provided by State statute or this Code. (Ord. 01-42; Ord. 03-112; Ord. 04-178; Ord. 04-179)