(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning:
"ADMINISTRATIVE SEARCH WARRANT." A written order of a judge or other officer authorized by statute to issue search warrants that commands the search or inspection of any property, place or thing, and the seizure, photographing, copying, or recording of property or physical conditions found. An administrative search warrant authorizes an officer to enter any premises to conduct any inspection, sampling, and other functions required or authorized by law to determine compliance with the provisions of an ordinance, code, or other regulation including, but not limited to, those relating to the use, condition, or occupancy of property or structures.
"ADMINISTRATIVE OFFICE.” Any of the following: building inspector, code enforcement officer, police officer, fire chief and their deputies; or other duly authorized representative pursuant to City of Dayton Code of Ordinances.
(B) Administrative search warrants authorized. An administrative search warrant is authorized for inspection or investigation of any place or thing for compliance with the City of Dayton Code of Ordinances or whenever the law otherwise requires or authorizes:
(C) Application for administrative search warrant. To obtain an administrative search warrant, the Administrative Officer shall file application before a judge or other officer authorize by statute that includes the following:
(1) Be supported by an affidavit sufficient under Section 10 to of the Kentucky Constitution and be sworn to before an officer authorized to administer oaths as provided in the Kentucky Rules of Criminal Procedure or other applicable law;
(2) State the applicant's status in applying for the warrant, the ordinance or regulation requiring or authorizing the inspection or investigation, and the nature, scope and purpose of the inspection to be performed;
(3) Describe the property or places to be entered, searched, inspected or seized in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
(4) state the basis upon which sufficient cause exists to search or inspect for violations of the ordinance or regulation specified.
(5) state that either: (a) that, for the purpose of making an inspection, access to the property has been sought from and refused by the regulated party, (b) that, after making a reasonable effort, the applicant has been unable to locate the regulated party; or (c) that the facts or circumstances reasonably show that the purposes of the inspection or investigation might be frustrated if entry were sought without first procuring a warrant; and
(D) Grounds for issuance. An administrative search warrant may only be issued upon a showing that probable cause for the inspection or investigation exists and that the other requirements for granting the warrant are satisfied. Probable cause maybe shown by:
(1) Reasonable legislative or administrative standards for conducting a routine, periodic, or area inspection and that those standards are satisfied with respect to the location;
(2) A reasonable administrative inspection program exists regarding the condition of the property and that the proposed inspection comes within that program;
(3) A health, public protection or safety ordinance, regulation, rule, standard or order and that specific evidence of a condition or nonconformity exists with respect to the particular location; or
(4) An investigation is reasonably believed to be necessary in order to determine or verify the condition of the location.
(Ord. 2016-5, passed 7-5-16)